Tyrell Williams Memorial Lecture
The Criminal Prosecution: Sporting Event or Quest for Truth? A Progress Report
William J. Brennan Jr.
The subject of my lecture in 1963 was discovery in criminal cases: whether we should extend to criminal prosecutions the civil pretrial discovery techniques that force the parties to a civil lawsuit to put all their cards on the table before trial, and that tend to reduce the chance that surprise or maneuver-rather than truth-may determine the outcome of the trial. A long tenure on the bench and the indulgence…
Symposium
The Application of the Attorney-Client Privilege to Non-Testifying Experts: Reestablishing the Boundaries Between the Attorney-Client Privilege and the Work Product Protection
Edward J. Imwinkelried
The first part of the Article analyzes the client’s direct communications with the expert, acknowledging that, at least in some circumstances, those communications should be protected absolutely under the attorney-client privilege. The balance of the Article, however, differentiates between the client’s communications and the rest of the expert’s information, including the expert’s conclusions and reasoning process. The Article asserts that one can draw a principled distinction between the client’s communications…
Symposium
The Discovery Process in Criminal Prosecutions: Toward Fair Trials and Just Verdicts
Edward S. G. Dennis Jr.
Symposium
Protecting Defense Evidence from Prosecutorial Discovery
Richard W. Beckler, Wendy Sue Morphew and Frederick Robinson
Article
Peters v. Kiff and the Debate About the Standing of White Defendants to Object to the Exclusion of Black Jurors After Batson: The Nonuse and Abuse of Precedent
Stanton D. Krauss
In Batson v. Kentucky, the Supreme Court held that the racially based use of the prosecution’s peremptory challenges to exclude blacks from a black defendant’s jury violates the defendant’s rights under the Equal Protection Clause of the fourteenth amendment. In addition, the Court noted that “denying a person participation in jury service on account of his race” in this manner violates the excluded juror’s rights under that Clause. As might…
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