A great development, but I disagree w/ the article's claim that this is totally different from my & @WillSOrtman's "Defender General." This reform helps w/ problems we identified and resembles our proposal even if it doesn't go far enough.
Article here: https://t.co/Bykc7V4n4p
I’m thrilled that my new paper "Confession and Confrontation" will be published in the California Law Review (@CalifLRev). #newlawrevarticles /1
The draft is on SSRN here: https://t.co/p0ncuwGf6l
... test for the admissibility of confessions.) This rule would imperil many of the manipulative interrogation tactics that produce false confessions. It’d give police departments a push to trade unreliable interrogation practices for ones aiming for accurate information. 5/5
Courts should admit a criminal defendant’s confession to the police at trial only if (i) the defendant voluntarily testifies, or (ii) the police scrupulously avoided interrogation tactics that induce hope or fear. (The “hope or fear” bit is from the historical common law ... /4
@danepps Not sure if Midjourney has the "no real people" restriction like Dall-E--I asked midjourney for a picture of the chief justice and it gave me back with something vaguely resembling him
@lee_kovarsky But a stay would prevent the state court from entering a conviction while the removal appeal is pending at the 11th Cir, right? Seems like that's the scenario the stay motion is seeking to avoid.
@JohnFPfaff@SLandP Fair point--if judges understand the ceilings as de facto floors (or close to), then you just have jury sentencing.
I'd *like* to think that you could convince judges that ceiling means ceiling, but true that selection/retention incentives could get in the way of that.