Despite the former popularity of hypnosis as a way of "improving" eyewitness memory, many courts almost always regard the use of this testimony to be inadmissible, whereas others allow it only when strict procedural guidelines have been followed. Although the U.S. Supreme Court recognized a defendant's constitutional right to admit his own hypnotically elicited testimony, others have recognized...

Instead of turning immediately to federal legislation, the question of “federalism” then becomes: When is federal action appropriate, and when should the problem be addressed by the states? Over the past fifteen years, courts and legal scholars have attempted to answer this question. This Article presents a framework that provides a new technique to answer this question. This framework analyzes...

No. In common usage they are considered legal concepts, because they represent specific judgments made by the courts. However, they also can be regarded as distinct medicolegal concepts. Although clinical data contribute to the determination of both competence and insanity, the determination also requires a knowledge of relevant statutes as well as a comprehensive analysis of both subjective an...

This paper examines the impact o.f organizational factors on the rate at which juvenile courts commit referred youth to institutions. Analyzing a national sample, the paper d.emonstrates that both .the rate at whi'ch cases are handled informally and the rate at which judges commit those youth who appear before them independently influence the overall commitment rate. It also discovers determina...

Four decades after the civil rights revolution began with the Supreme Court’s unanimous 1954 school desegregation decision, Brown v. Board of Education, the Supreme Court reversed itself in the 1990s, authorizing school districts to return to segregated and unequal public schools.... The new policies refl ected the victory of the conservative movement that altered the federal courts and turned ...

Credibility is usually accorded witnesses who testify with certainty. There is also the widely held belief that stress creates an indelible picture on the mind. The experimental studies and decisions by the courts involving these beliefs are set out.

The traditional goal of legal authorities has been to obtain widespread public compliance with the law and legal directives. Empirical research findings have shown that legitimacy – typically operationalized as felt obligation to obey authorizes and trust and confidence in the relevant institutions – plays an important role in achieving such compliance. But over time the goals of legal authorit...

unwillingness of the competent state to prosecute and investigate an international crime within the jurisdiction of the international criminal court is one of the aspects of admissibility of a case in the court. unwillingness is originally a subjective concept and is capable for a vast interpretation therefore may endanger the basic goal of complementarity principle i.e. respecting states sover...