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4. The Massiah Doctrine: Sixth Amendment Exclusion of Confessions

James J. Tomkovicz

in Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195369243
eISBN:
9780199893409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369243.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter considers the third constitutional bar to confessions—the exclusion doctrine announced in 1964 in Massiah v. United States. The Massiah doctrine, based on the Sixth Amendment right to ... More


5. Sixth Amendment Exclusion of Eyewitness Identifications

James J. Tomkovicz

in Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195369243
eISBN:
9780199893409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369243.003.0013
Subject:
Law, Constitutional and Administrative Law

This chapter describes the Wade–Gilbert Sixth Amendment right to counsel-based exclusionary rule that appeared in 1967 and has not been discussed by the Supreme Court since 1977. It suppresses ... More


Rights in Criminal Proceedings under the ECHR and the ICTY Statute—A Precarious Comparison

Stefan Trechsel

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199573417
eISBN:
9780191728822
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573417.003.0006
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter takes as a starting point the fact that the rights of the accused are formulated in almost identical terms in the International Bill of Human Rights and in the Statutes of International ... More


The UN Convention: The Role of Counsel

Michael L. Perlin

in International Human Rights and Mental Disability Law: When the Silenced are Heard

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195393231
eISBN:
9780199914548
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195393231.003.0016
Subject:
Psychology, Forensic Psychology

If there has been any constant in modern mental disability law in its near-forty-year history, it is the near-universal reality that counsel assigned to represent individuals at involuntary civil ... More


A Disability Rights Tribunal for Asia and the Pacific

Michael L. Perlin

in International Human Rights and Mental Disability Law: When the Silenced are Heard

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195393231
eISBN:
9780199914548
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195393231.003.0017
Subject:
Psychology, Forensic Psychology

The existence of regional human rights courts and commissions has been an essential element in the enforcement of international human rights in those regions of the world where such tribunals exist. ... More


Access to Justice: Enforcing Rights and Securing Protection

Helen Hershkoff and Stephen Loffredo

in Getting By: Economic Rights and Legal Protections for People with Low Income

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190080860
eISBN:
9780199364763
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190080860.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter provides an overview of civil litigation as it affects poor and low-income people. The U.S. Constitution is intended to “establish Justice,” but many poor and low-income people ... More


Introducing the Hybrid Paradigm and the Historical Analogy

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0002
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

An individual accused of involvement in terrorism must be brought to some form of trial, but the American criminal law process is inapplicable to the current conflict. To guarantee the suspect ... More


International Human Rights and Mental Disability Law: When the Silenced are Heard

Michael L. Perlin

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195393231
eISBN:
9780199914548
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195393231.001.0001
Subject:
Psychology, Forensic Psychology

Society is largely blind to the ongoing violations of international human rights law in the context of the institutional commitment and treatment of persons with mental disabilities. Notwithstanding ... More


From Charity to Right

Sara Mayeux

in Free Justice: A History of the Public Defender in Twentieth-Century America

Published in print:
2020
Published Online:
May 2021
ISBN:
9781469661650
eISBN:
9781469656045
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469661650.003.0003
Subject:
Law, Legal History

Using a case study of Massachusetts, this chapter traces a shift between the 1930s and the 1950s in how elite lawyers framed the problem of indigent defense—from a problem for private charity to a ... More


Adjudication

Samuel M. Davis

in Children's Rights Under and the Law

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199795482
eISBN:
9780190259990
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199795482.003.0011
Subject:
Law, Family Law

This chapter discusses the adjudicatory process in juvenile court. It covers the adjudicatory hearing, right to counsel, right to jury trial, burden of proof, rules of evidence, confrontation and ... More


Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order

James J. Tomkovicz

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195369243
eISBN:
9780199893409
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369243.001.0001
Subject:
Law, Constitutional and Administrative Law

The Supreme Court's interpretations of constitutional guarantees have produced seven “exclusionary rules” which prevent prosecutors from introducing evidence of guilt in criminal trials. By requiring ... More


Defense Attorneys and Plea Bargains

Kelsey S. Henderson

in A System of Pleas: Social Sciences Contributions to the Real Legal System

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190689247
eISBN:
9780190689278
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190689247.003.0004
Subject:
Psychology, Forensic Psychology

In the landmark Gideon v. Wainwright decision (1963), the U.S. Supreme Court established the federal standard of appointed counsel for indigent defendants as fundamental to fairness. This right has ... More


Introduction

Sara Mayeux

in Free Justice: A History of the Public Defender in Twentieth-Century America

Published in print:
2020
Published Online:
May 2021
ISBN:
9781469661650
eISBN:
9781469656045
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469661650.003.0001
Subject:
Law, Legal History

Today, thousands of public defenders around the United States represent indigent defendants in criminal proceedings. At a moment of widespread concern about mass incarceration and racial and class ... More


Epilogue

Sara Mayeux

in Free Justice: A History of the Public Defender in Twentieth-Century America

Published in print:
2020
Published Online:
May 2021
ISBN:
9781469661650
eISBN:
9781469656045
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469661650.003.0007
Subject:
Law, Legal History

This chapter provides a brief overview of post-1970s developments in indigent defense. The crisis of overwhelming caseloads and inadequate funding for public defenders has continued to the present ... More


The U.S. Middle District of Florida, First Years, 1962–1968

James M. Denham

in Fifty Years of Justice: A History of the U.S. District Court for the Middle District of Florida

Published in print:
2015
Published Online:
January 2016
ISBN:
9780813060491
eISBN:
9780813050638
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813060491.003.0002
Subject:
History, American History: 20th Century

This chapter covers the U.S. Middle District of Florida from its creation when it was carved out of the U.S. Southern District of Florida in 1962 to 1968. The first judges, U.S. attorney, U.S. ... More


Free Justice: A History of the Public Defender in Twentieth-Century America

Sara Mayeux

Published in print:
2020
Published Online:
May 2021
ISBN:
9781469661650
eISBN:
9781469656045
Item type:
book
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469661650.001.0001
Subject:
Law, Legal History

Every day, in courtrooms around the United States, thousands of criminal defendants are represented by public defenders--lawyers provided by the government for those who cannot afford private ... More


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