The standard of review for the voluntariness of a confession on direct appeal in federal court
Article Abstract:
The de novo review standard for appellate review of voluntariness of confessions should be affirmed based on the reasoning that confession issues are mixed fact and law questions and are covered by the constitutional fact doctrine. The US Supreme Court's Miller v. Fenton decision established that de novo review was appropriate, but some courts have limited the application of Miller because it involved a case that was brought before the appellate court under habeas corpus. Establishing grounds for de novo review in addition to Miller will strengthen protections against coerced confessions.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Taming a phoenix: the year-and-a-day rule in federal prosecutions for murder
Article Abstract:
The rule prohibiting prosecution for murder if the victim does not die within a year and a day constitutes a conclusive presumption which has not been explicitly or implicitly overruled in a federal court. The rule may become relevant in cases involving intentional infliction of AIDS. Although advances in forensic pathology have removed some rationale for the rule's existence, it still promotes efficiency and the need for determinate standards. However, justice would best be served by changing the rule to a rebuttable presumption.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
Narrowing the scope of Rule 13(a)
Article Abstract:
Federal Rule of Civil Procedure 13(a) should be construed narrowly to determine when a counterclaim is compulsory. The broader interpretation is more appropriate for determining ancillary jurisdiction, which is now covered by Section 1367 of the Judicial Code under the Judicial Improvements Act of 1990. Rule 13(a) should therefore be limited to determining when a claim is precluded, a function best fulfilled by the narrower test, which requires a substantial overlap of issues for a counterclaim to be considered compulsory.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: An overview of the antitrust analysis of suppression of technology. Foreword
- Abstracts: The International Convention for the Suppression of Terrorist Bombings. The emerging mental incapacity defense in international criminal law: some initial questions of implementation
- Abstracts: Reading death sentences: the narrative construction of capital punishment. Punishment postgenocide: from guilt to shame to civis in Rwanda
- Abstracts: The last priesthood: the coming revolution in medical care delivery. A better way to spur medical research and development
- Abstracts: The end of New York Times v Sullivan: reflections on Masson v New Yorker Magazine. Dun & Bradstreet, Hepps and Milkovich: the lingering confusion in defamation law