Trial Judge
Due Process and the Role of the Trial Judge in Determining the Voluntariness of a Confession A New Constitutional Rule
... Due Process and the Role of the Trial Judge in Determining the Voluntariness of a Confession A New Constitutional Rule SMU Law Review Volume 18 | Issue 4 Article 7 1964 Due Process and the Role of the[.] ...
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Province of the Trial Judge in Criminal Cases
... Vengeance is not measured in terms of moderation; perhaps it cannot be; perhaps it ought not to be, especially with respect to sex offenses, because as respects them the mind at once run[r] ...
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A Proposal For Limiting The Duty Of The Trial Judge To Instruct The Jury Sua Sponte
... The appellate court may also review any instruction given, refused or modified, even though no objection was made thereto in the lower court, if the substan- trial [r] ...
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Defense Witness as Accomplice: Should the Trial Judge Give a Care and Caution Instruction
... Yes, the Supreme Court's citation to Nolte could mean: "We endorse the instruction given in Nolte." But it could also mean something less, such as: "If it is ever appropriate to give an [r] ...
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Byrd v. Lohr, 488 So. 2d 138 (Fla. 5th DCA 1986)
... The Fifth District Court of Appeal, finding that the trial judge did not abuse his discretion in the amount of the remittur, affirmed the lower court's decision [r] ...
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Judging the Effectiveness of the Supreme Court's Death Penalty Jurisprudence According to the Court's Own Goals: Mild Success or Major Disaster?
... Discretion in the criminal justice system offers substantial benefits to the criminal defendant. Not only can a jury decline to impose the death sentence, it can decline to convict or choose to convict of a lesser ...
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Criminal Law Comments and Abstracts
... 4 Many statutes provide that if an alleged sexual psychopath is already on trial for some crime, the trial judge may, in his discretion, arrest the proceedings at any point and order a m[r] ...
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Chapter 15: Zoning and Land Use
... Initially, the Appeals Court noted that it was satisfied with the result reached by the trial judge in all but the decision concerning the lights.21 The court [r] ...
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Chapter 8: Security, Mortgages, and Other Creditors' Rights
... The Court held that the trial judge was, not plainly wrong in finding that the wife executed the mortgage as security for a note previously executed by the husband[r] ...
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When should a judge stop a trial?
... the trial, and crucially upheld appeal Ground 6: The trial miscarried by reason of the prejudice occasioned by the Crown ...the trial judge was given ample opportunity to intervene given the ...
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Judicial Decisions on Criminal Law and Procedure
... In this case, where the evidence of the guilt of the accused was close, the action of the trial judge in making statements, and asking questions of witnesses in such form as to lead the [r] ...
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Chapter 14: Torts
... The trial judge granted the motion on the ground that the action did not survive the death of the injured party.34 The judge's ruling was consistent with prior[r] ...
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Yesterday is history, tomorrow is a mystery - the fate of the Australian jury system in the age of social media dependency
... on trial matters and to abstain from using social networks where they can be exposed to ...a trial judge’s instruction it is not unconceivable that the attraction of social media may be too compelling for ...
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The In Terrorem Value of Science: Bisphenol A Litigation and an Empirical Assessment of Science as a Collective Litigation Tool
... The role of the court as a gate keeper is supported by a two-fold rationale [4]: 1) it is imperative that an expert utilize the “same level of intellectual rigor in the court- room that characterizes the practice of an ...
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Recent Criminal Cases
... The trial judge instructed the jury that if it believed, beyond a reasonable doubt, the events as outlined by the State's witnesses, then the homicide as a matter of law was committed du[r] ...
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Chapter 1: Evidence
... The Court began its analysis of whether the trial judge erred in refusing to admit the plaintiffs' rebuttal testimony by acknowledging that "[a] trial judge has substantial dis[r] ...
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To Plea Or Not to Plea: The Question Posed by Federal Rule 11
... The United States Supreme Court reversed, holding that it was error for the State Court trial judge to accept a plea of guilty without an- affirmative showing in [r] ...
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Motion for Leave to File Amicus Curiae Brief and Brief for the National Association for Public Defense and Kentucky Association of Criminal Defense Lawyers as Amici Curiae in Support of Petitioner, Sneed v. Burress (U.S. March 24, 2017) (No. 16-8047).
... In Arizona v. Washington, 434 U.S. 497 (1978), this Court found that where defense counsel made an im- proper comment in opening statement, the trial judge had broad discretion to decide whether to give ...
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IMPAIRED EXCLUSION: EXPLORING THE POSSIBILITY OF A NEW BRIGHT LINE RULE OF GOOD FAITH IN IMPAIRED DRIVING OFFENCES
... faith. Trial judges are left with difficult questions regarding the degree and types of uncertainty that can support a positive showing of good faith on behalf of police ...the trial judge who ...
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Chapter 22: Evidence
... However, the fact that the trial judge in the Fauci case treated the question as one for his deter- mination as preliminary to his ruling on admissibility of the secondar[r] ...
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