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Posts Tagged ‘CRIMINAL procedure’

From beyond the grave: the legal regulation of mediumship






In recent years there has been an increased interest in mediumship. This has been part of a broader fascination with paranormal issues that has been fostered by new modes of dissemination and communication. This article focuses upon attempts made by the criminal law to regulate mediums, and, in particular, the disjunction between the ‘genuine medium’ and the ‘vulnerable consumer’. It charts historical approaches of the law and provides a critique of the current legal landscape, including the new regulatory framework under the Unfair Commercial Practice Regulations 2008, and the possibility of an action under the Fraud Act 2006. It concludes that the law has continually struggled to adequately deal with this phenomenon, and that the current regime is likely to prove similarly ineffective given the fundamental conceptual legal problem of proving what may be un-provable. [ABSTRACT FROM AUTHOR]


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Challenges for cause in new york criminal cases

Analyzes the evolution of challenges to biased jurors in New York state from the beginning of the 19th century to the enactment of the Criminal Procedure Law in 1972. Methods for challenging biased jurors; Provisions of the Criminal Procedure Law section 270.20(1)(b); Interpretation of the law by the United States Court of Appeals and by the New York courts between 1972 and 2000; Application of the law in People versus Johnson case.

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BEARD, SECRETARY, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, et al. v. BANKS: certiorari to the united states court of appeals for the third circuit

The article presents information on U.S. Supreme Court case Beard, Secretary, Pennsylvania Department of Corrections, et al v. Banks, case number 02-1603, argued on February 24, 2004, and decided on June 24, 2004. The court held that because the case Mills v. Maryland announced a new rule of constitutional criminal procedure that does not fall within either the exception under the case Teague v. Lane, its rule cannot be applied retroactively. There is no argument that the first exception applies in the Beard case. And the court has repeatedly emphasized the limited scope of the second exception. Justice Clarence Thomas delivered the opinion of the court on the case.

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Mckune, warden, et al. v. lile: certiorari to the united states court of appeals for the tenth circuit

The article presents information on U.S. Supreme Court case McKune, Warden, et al. versus Lile, case number 00-1187, argued on November 28, 2001 and decided on June 10, 2002. The respondent, who was convicted of rape and related crimes, refused to participate in a Sexual Abuse Treatment Program on the ground the program violates his Fifth Amendment right against compelled self-incrimination. He sought injunctive relief under 42 U.S. C. section 1982. The District Court ruled in his favor. The Court of Appeals for the Tenth Circuit affirmed. The U.S. Supreme Court revered and remanded the case.

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BELL, WARDEN v. CONE: certiorari to the united states court of appeals for the sixth circuit

The article presents information on U.S. Supreme Court case Bell, Warden v. Cone, case number 01-400, argued on March 25, 2002 and decided on May 28, 2002. Respondent was tried for the murder of an elderly couple in a Tennessee court. The defense attorney argued that he was not guilty by reason on insanity due to his military service and history of substance abuse and post-traumatic stress disorders. The jury found him guilty on all charges filed against the respondent and the prosecution called for the imposition of the death penalty.

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MICKENS v. TAYLOR, WARDEN: certiorari to the united states court of appeals for the fourth circuit

The article presents information on U.S. Supreme Court case Mickens v. Taylor, Warden, case number 00-9285, argued on November 5, 2001 and decided on March 27, 2002. Petitioner, who was convicted of premeditated murder, sought federal habeas on the ground that he was denied effective assistance of counsel because of his court-appointed lawyers had a conflict of interest at trial. This lawyer did not disclosed that he previously represented the victim of the petitioner. The District Court and the Court of Appeals’ Fourth Circuit denied habeas relief. The U.S. Supreme Court affirmed.

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Undoing miranda

Discusses the jurisprudential roots of Ernesto Miranda versus Arizona trial decision as a mandatory rule of police procedure for criminal suspects in the United States. Role of the Miranda decision in protecting the rights of criminal suspects; Process of interrogation; Confessions and crime solving; Voluntariness as a proxy for credibility; Details on the Miranda versus Arizona trial.

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U.s. urges opening up old grand jury records

WASHINGTON — The Obama administration, in a move that could open up more transcripts of historically significant grand jury testimony from many years ago, is proposing to change a rule that imposes strict and permanent secrecy requirements on such records. In a letter to a committee of judges who shape the Federal Rules for Criminal Procedure, Attorney General Eric H. Holder Jr. wrote that the rule making it a crime to disclose grand jury information should be amended to allow courts to lift the veil of secrecy from transcripts that are at least 30 years old if their disclosure would not affect any still-living witness or investigative target. Mr. Holder also proposed allowing all grand jury materials that are deemed historically significant and that are at least 75 years old to be made public through the National Archives, without any need for a court review. [ABSTRACT FROM AUTHOR]

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FEDERAL RULE OF EVIDENCE 408 AND CRIMINAL CASES

The article offers information on Federal Rule of Evidence 408 which is applicable in criminal cases and civil cases. It also mentions a supreme court case United States v. Davis in which Rule 408 was applied and the case was related to bank fraud. It also informs that timely objections has to be registered by the parties for excluding evidence under Rule 408.

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That guilty look

The article considers the U.S. police practice known as the “perp walk” in which an arrested person is presented in public in handcuffs before journalists, focusing on its use when Dominique Strauss-Kahn, former head of the International Monetary Fund, was arrested in New York City.

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