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文章基本信息

  • 标题:I Cannot Tell a Lie: The Standard for New Trial in False Testimony Cases
  • 本地全文:下载
  • 作者:Wolf, Daniel
  • 期刊名称:Michigan Law Review
  • 印刷版ISSN:0026-2234
  • 出版年度:1985
  • 卷号:83
  • 期号:8
  • 页码:1925-1949
  • 出版社:University of Michigan Law School
  • 摘要:This Note examines the question of what standard should be used for granting a new trial when a defendant's conviction is alleged to have been based, at least in part, on false testimony. Part I demonstrates the failure of the existing standards to strike a satisfactory balance between defendants' rights and the efficient administration of the criminal justice system. Part II argues that motions for retrial based upon false testimony should be governed by a standard drawn not only from newly discovered evidence cases generally, but also from cases involving prosecutorial misconduct. Finally, Part III suggests that the proper test for new trial based upon newly discovered evidence of false testimony is whether there is a significant chance that a jury with knowledge of false testimony would avoid conviction. This test both guards against convictions based upon false testimony and preserves the finality of judgments necessary for the sound and efficient administration of criminal justice. A proper balance between these often competing goals will enhance the interests of justice that rule 33 is designed to protect.
  • 关键词:Federal Rules of Criminal Procedure; False testimony; Testimony; Justice; Retrials; New evidence; Witnesses; Trials; Larrison v. United States; Perjury
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