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Book
30 p. ; 26 cm.
galenet.galegroup.com for assistance ask at the Stanford Law Library reference desk.
Law Library (Crown)
Book
vii, 370 pages ; 24 cm
  • Introduction
  • The foundations of the frenzy
  • Misleading through statistics
  • The realities of "rape culture"
  • Denying due process
  • Media malpractice
  • The witch-hunt mentality
  • College athletes : myths and realities
  • The witch hunt intensifies
  • From campus to criminal law
  • A new generation's contempt for civil rights
  • Conclusion.
"In recent years, politicians led by President Obama and prominent senators and governors have teamed with extremists on campus to portray our nation's campuses as awash in a violent crime wave-and to suggest (preposterously) that university leaders, professors, and students are indifferent to female sexual assault victims in their midst. Neither of these claims has any bearing in reality. But they have achieved widespread acceptance, thanks in part to misleading alarums from the Obama Administration and biased media coverage led by the New York Times. The panic about campus rape has helped stimulate-and has been fanned by-ideologically skewed campus sexual assault policies and lawless commands issued by federal bureaucrats to force the nation's all-too-compliant colleges and universities essentially to presume the guilt of accused students. The result has been a widespread disregard of such bedrock American principles as the presumption of innocence and the need for fair play. This book will use hard facts to set the record straight. It will, among other things, explore about two dozen of the many cases since 2010 in which innocent or probably innocent students have been branded as sex criminals and expelled or otherwise punished by their colleges. And it will show why all students-and, eventually, society as a whole-are harmed when our nation's universities abandon pursuit of truth and seek instead to accommodate the passions of the mob"-- Provided by publisher.
Law Library (Crown)
Book
xviii, 430 p. : 25 cm.
  • PREFACE -- INTRODUCTION -- 1. THE FOURTH AMENDMENT EXCLUSIONARY RULE -- 2. FIFTH AND FOURTEENTH AMENDMENT EXCLUSION OF CONFESSIONS -- 3. THE MIRANDA EXCLUSIONARY RULE -- 4. THE MASSIAH DOCTRINE: SIXTH AMENDMENT EXCLUSION OF CONFESSIONS -- 5. SIXTH AMENDMENT EXCLUSION OF EYEWITNESS IDENTIFICATIONS -- 6. DUE PROCESS EXCLUSION OF EYEWITNESS IDENTIFICATIONS -- 7. CONFRONTATION CLAUSE EXCLUSION OF HEARSAY -- CONCLUSION -- INDEX.
  • (source: Nielsen Book Data)9780195369243 20160605
Supreme Court interpretations of the Bill of Rights have produced seven constitutional "exclusionary rules." These rules prevent prosecutors from introducing evidence of guilt in criminal trials, making it harder to convict offenders and enabling some criminals to avoid conviction and punishment. The importance of these evidentiary bars cannot be understated. They reflect inevitable tensions between liberty and security. Constitutional Exclusion, by James J. Tomkovicz contains in-depth analyses of each constitutional doctrine that dictates the suppression of evidence. The text begins with an extensive treatment of the Fourth Amendment exclusionary rule which bars evidence acquired by means of unreasonable searches or seizures. It then addresses three distinct doctrines that suppress confessions--the due process and privilege against compelled self-incrimination bar to coerced confessions, Miranda v. Arizona's Fifth Amendment prophylactic presumption that certain confessions are inadmissible, and the Massiah doctrine's Sixth Amendment right to counsel bar to incriminating admissions. Next, the book explains two prohibitions on eyewitness identification evidence, one rooted in the Sixth Amendment right to counsel and another grounded in the due process guarantee. Finally, the text explores the exclusion of hearsay commanded by the Sixth Amendment Confrontation Clause. Constitutional Exclusion analyzes the histories of, justifications for, and the legitimacy of these exclusion doctrines. By juxtaposing the rules and highlighting their distinctive characters, the book sheds new light on topics of vital importance to the administration of criminal justice.
(source: Nielsen Book Data)9780195369243 20160605
Law Library (Crown)
Book
iv, 416 p. ; 24 cm.
Green Library

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