116 research outputs found

    Promise-Induced False Confessions: Lessons from Promises in Another Context

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    People are generally skeptical that someone would falsely confess to a crime he or she did not commit. Nonetheless, a myriad of convicts exonerated by DNA and the rapidly emerging scientific literature on the subject calls into question this long-standing belief. Scholars in the field now recognize that personal and situational risk factors, including promises of leniency, heighten the risk of a false confession. Promises of leniency have been shown to be particularly coercive in interrogations and to produce unusually persuasive testimony in the courtroom. Due to a failure to recognize the power behind these promises, our justice system does not adequately safeguard criminal defendants who give promise-induced confessions. As such, federal appellate courts are in disarray over when a promise of leniency renders a confession inadmissible at trial. On the other hand, the power behind promises in the plea-bargaining context is better recognized by scholars and laypeople alike and our justice system consequently provides much greater safeguards to criminal defendants who plead guilty in response to a promise. This Note argues that jury instructions that help the jury better detect, understand, and weigh confession testimony can close the unwarranted gap between procedural safeguards governing promise-induced admissions of guilt during plea discussions and interrogations. This Note also proposes a model instruction, which conveys the relevant scientific and legal principles in a way that will impact jurors’ verdicts in false confession cases

    \u3cem\u3eMayhew v. Town of Smyrna\u3c/em\u3e: The Sixth Circuit Frustrates Public Employees\u27 Right to a Jury Trial

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    On May 11, 2017, the U.S. Court of Appeals for the Sixth Circuit, in Mayhew v. Town of Smyrna, held that the protected status of a public employee’s speech in a First Amendment retaliation claim remains one of law, rather than one of mixed law and fact. In so doing, the Sixth Circuit disallowed jury determinations on the fact-intensive inquiry into the protected status of the employee’s speech. This Comment argues that despite having the invaluable opportunity—as a historically conservative court—to defend the voices of public employees, the Sixth Circuit continued its obliteration of public employees’ right to a jury trial. This Comment further argues that the Sixth Circuit’s decision could leave much of private sector misconduct unreported

    Localization of Preformed, Circulating Immune Complexes in Murine Skin

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    The cutaneous localization of intravenously injected preformed immune complexes was examined in C57B1/6J mice and the importance of complex size and antibody charge was assessed for deposition and persistence in cutaneous structures.After a single intravenous bolus, large-latticed complexes deposited transiently in an interstitial extravasated pattern, and persisted longer in a vascular pattern. Small-latticed complexes, prepared at 50 times antigen excess, did not deposit. When large-latticed complexes were prepared with reduced and alkylated antibodies, their vascular deposition was similar, but they did not localize in the interstitium due to decreased extravasation. Large-latticed complexes prepared with cationized antibodies deposited in a vascular and interstitial pattern as well as at the dermal-epidermal junction. Complexes prepared with anionized antibodies deposited comparable to unaltered complexes.Cutaneous deposition of circulating immune complexes in mice requires a large lattice. Circulating immune complexes formed with cationic antibodies deposit at the dermal-epidermal junction

    Clean air advocates worried by EPA’s move to rethink cost-benefit calculations

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