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A fine line between suborning and encouraging

Article Abstract:

A 1982 statute on witness tampering seems applicable to both sides' conduct in the Whitewater affair. Defendants have the burden of proof under the statute to show that they were only trying to obtain truthful testimony from the witness. Due to this shifting of the burden of proof, it is possible that a charge could be brought against a prosecutor for putting undue pressure for a certain kind of evidence on a witness. A case can be made that the Whitewater prosecutors were putting undue pressure on witnesses by promising leniency in sentencing for their assistance.

Author: Silverglate, Harvey A.
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
Cases, Investigations, Clinton, Bill, Perjury, Political corruption, Testimony, McDougal, Susan

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States, feds and doctors tangle in drug war

Article Abstract:

Some California physicians face the loss of their federal licenses to prescribe controlled drugs for using marijuana for seriously ill patients wanting it to manage their pain. The controversy arose when California and Arizona voted in, by large margins, ballot initiatives legalizing physician-prescribed marijuana for certain medical conditions. The Clinton administration's threats might not survive constitutional attack.

Author: Silverglate, Harvey A.
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
Health aspects, Medical marijuana, Legalization of narcotics, Narcotics legalization

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Secret as a confession?

Article Abstract:

Law and order sentiments do not include a dilution of the priest-penitent privilege. In Oregon, there was a public outcry over an attempted wiretapping of a conversaton between a priest and alleged murderer. All 50 states and the District of Columbia have a priest-penitent privilege on their law books and attempts in court to dilute this privilege have backfired.

Author: Silverglate, Harvey A.
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
Public opinion, Confidential communications, Criminal justice, Administration of, Administration of criminal justice, Clergy

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Subjects list: United States, Laws, regulations and rules
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