Media Framing of the Duke Lacrosse Rape Scandal Emory Stephen Daniel Jr. Thesis Submitted to the Facu
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The Legal Profession's Failure to Discipline
THE LEGAL PROFESSION’S FAILURE TO DISCIPLINE UNETHICAL PROSECUTORS Angela J. Davis* I. INTRODUCTION White students at Jena High School in Jena, Louisiana, hung nooses from a tree at the high school, provoking a series of fights between groups of black and white students. Punches were thrown on both sides, and both black and white students were injured. However, the prosecutor, Reed Walters, charged one white student with a misdemeanor while charging six black students with serious felonies in adult court. In Douglasville, Georgia, a seventeen-year-old boy named Genarlow Wilson had consensual oral sex with a fifteen-year-old girl. The prosecutor charged him with aggravated child molestation and other sex offenses. Oral sex with a person under fifteen years old is aggravated child molestation in the state of Georgia, and consent is no defense. Wilson was acquitted of all charges except the child molestation offense, which at the time carried a mandatory sentence of ten years in prison. A judge later found that Wilson’s sentence constituted cruel and unusual punishment and ordered him released. But the prosecutor appealed the judge’s decision, and Wilson remained in prison for over two years until the Georgia Supreme Court ordered his release on October 26, 2007.1 Delma Banks was charged with capital murder in the state of Texas. The prosecutor in his case withheld exculpatory evidence and repeatedly coached the main witness on what his testimony should be. The prosecutor even threatened to prosecute this witness if he did not conform his testimony to the prosecutor’s version of the case. -
How a Confluence of Social Movements Convinced North Carolina to Go Where the Mccleskey Court Wouldn╎t
Michigan State University College of Law Digital Commons at Michigan State University College of Law Faculty Publications 1-1-2011 Confronting Race: How a Confluence of Social Movements Convinced North Carolina to Go where the McCleskey Court Wouldn’t Barbara O'Brien Michigan State University College of Law, [email protected] Catherine M. Grosso Michigan State University College of Law, [email protected] Follow this and additional works at: http://digitalcommons.law.msu.edu/facpubs Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, and the Other Law Commons Recommended Citation Barbara O'Brien & Catherine M. Grosso, Confronting Race: How a Confluence of Social Movements Convinced North Carolina to Go where the McCleskey Court Wouldn’t, 2011 Mich. St. L. Rev. 463 (2011). This Article is brought to you for free and open access by Digital Commons at Michigan State University College of Law. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Digital Commons at Michigan State University College of Law. For more information, please contact [email protected]. CONFRONTING RACE: HOW A CONFLUENCE OF SOCIAL MOVEMENTS CONVINCED NORTH CAROLINA TO GO WHERE THE MCCLESKEY COURT WOULDN’T Barbara O’Brien & Catherine M. Grosso∗ 2011 MICH. ST. L. REV. 463 TABLE OF CONTENTS INTRODUCTION ........................................................................................... 463 I. THE LONG STRUGGLE TO CONFRONT RACE IN CAPITAL PUNISHMENT ........................................................................................... 467 A. The Constitutional Litigation Strategy Disappoints When the Court Won’t Bite .................................................................... 467 B. Back to Basics: A More Incremental Approach to Reform ......... 472 II. A CONFLUENCE OF SOCIAL MOVEMENTS ............................................ -
Nancy Grace on Her Third Crimecon and Why She's Driven to Catch Criminals
DRIVEN BY JUSTICE Nancy Grace on Her Third CrimeCon and Why She’s Driven to Catch Criminals Perennial fan-favorite Nancy coming to a family reunion. Grace returns for her third The people who are here are CrimeCon, and she’s bringing all like me — dedicated to crime the fire, emotion, and endearing and crime sleuthing,” she told Southern colloquialisms we’ve the Indy Star during CrimeCon come to expect from the pint- 2017. “It’s very invigorating to be sized powerhouse. Grace has around people who share the become a staple of CrimeCon same interest and the natural weekend, often found taking curiosity that I have.” selfies with fans (“The angle is key,” she says) or laughing with Grace has dedicated most of podcasters on Podcast Row. her life to finding answers to the questions that drive our When she takes the stage at fascination with true crime. CrimeCon, though, she is all Her fans are familiar with the business. Grace is famous for story of Grace’s fiance, Keith, her impassioned rhetoric and who was gunned down in boundless energy, and she has his vehicle when Grace was no trouble rousing a crowd nineteen years old. His death -- and CrimeCon is exactly her sparked a change in Grace, kind of crowd. “It felt like I was who promptly switched gears, dropped her literature major, and began studying for law school. She earned a reputation as an outspoken and energetic prosecutor in Atlanta before becoming a broadcaster and crime commentator on HLN and other cable networks. “Wherever I can best do the work I’m called to do, that’s where I’ll go,” Grace told the CrimeCon Informant in 2017. -
Pr-Sum-11.Pdf
Exam Memo, Professional Responsibility Professor Griffin, Summer 2011 I awarded grades according to the law school’s grading curve, which requires a class average between 2.9 and 3.1. The average for this class was 3.10. The curve was as follows, based on a total possible 100 points. The number in parentheses indicates the number of students who received that letter grade. 93 A (2) 86-88 A- (4) 80-85 B+ (19) 70-79 B (36) 65-68 B- (6) 60-63 C+ (3) You are welcome to pick up your exams and answers at the front desk of the Health Law & Policy Institute. You will need to know your exam number in order to get the exam. You must sign out your exam and you do not need to return it. Please read over this memo and your exam before asking me any questions about your grade. For Question I, it was important to read the question and both 1) identify what Norris should do now and 2) assess Keany and Peppers. If you just skipped Norris you missed a lot of points. A key part of your analysis of Norris should have involved the Bevill test, CB 517, 522, applied in the Grand Jury Subpoena case (Roe and Moe), CB 513. This was Norris’ chance to try to get back the documents that had been turned over to the S.E.C. Whenever you learn a multi-factor test, however, you must apply it to the facts in the question. The immigration and F.T.C. -
Thursday Morning, March 10
THURSDAY MORNING, MARCH 10 FRO 6:00 6:30 7:00 7:30 8:00 8:30 9:00 9:30 10:00 10:30 11:00 11:30 COM 4:30 KATU News This Morning (N) Good Morning America (N) (cc) AM Northwest Who Wants to Be The View Actress Michelle Rodri- Live With Regis and Kelly Talent 2/KATU 2 2 (cc) (Cont’d) (cc) a Millionaire guez. (N) (cc) (TV14) judge Jennifer Lopez. (N) (TVPG) KOIN Local 6 Early at 6 (N) (cc) The Early Show (N) (cc) Let’s Make a Deal (N) (cc) (TVPG) The Price Is Right (N) (cc) (TVG) The Young and the Restless (N) (cc) 6/KOIN 6 6 (TV14) Newschannel 8 at Sunrise at 6:00 Today Aaron Eckhart; Avril Lavigne performs. (N) (cc) The Nate Berkus Show Do-it-your- 8/KGW 8 8 AM (N) (cc) self projects. (cc) (TVPG) Sit and Be Fit Between the Curious George Cat in the Hat Super Why! (cc) Dinosaur Train Sesame Street Search for the Sid the Science Clifford the Big Martha Speaks WordWorld (TVY) 10/KOPB 10 10 (cc) (TVG) Lions (TVY) (TVY) Knows a Lot (TVY) (TVY) Blue Bar Pigeon. (TVY) Kid (TVY) Red Dog (TVY) (TVY) Good Day Oregon-6 (N) Good Day Oregon (N) Better (cc) (TVPG) The 700 Club (cc) (TVPG) 12/KPTV 12 12 Portland Public Affairs Paid Paid The Magic School Willa’s Wild Life Through the Bible Zola Levitt Pres- Paid Paid Paid 22/KPXG 5 5 Bus (TVY7) ents (TVG) Changing Your John Hagee Rod Parsley (cc) This Is Your Day Kenneth Cope- Unfolding Majesty Life Change Cafe John Bishop TV Changing Your John Hagee Rod Parsley (cc) This Is Your Day 24/KNMT 20 20 World (TVG) Today (cc) (TVG) (TVG) (cc) (TVG) land (TVG) (cc) World (TVG) Today (cc) (TVG) (TVG) (cc) (TVG) George Lopez George Lopez The Young Icons Just Shoot Me My Name Is Earl My Name Is Earl Maury (cc) (TV14) Swift Justice- Swift Justice- The Steve Wilkos Show Abuse of a 32/KRCW 3 3 (cc) (TVPG) (cc) (TVPG) (TVG) (cc) (TVPG) (TV14) (TV14) Nancy Grace Nancy Grace young boy. -
Scientific Evidence and Prosecutorial Misconduct in the Duke Lacrosse Rape Case Paul Giannelli* the Need for Pretrial Discovery in Criminal Cases Is Critical
Case Western Reserve University School of Law Scholarly Commons Faculty Publications 2009 Scientific videnceE and Prosecutorial Misconduct in the Duke Lacrosse Rape Case Paul C. Giannelli Case Western University School of Law, [email protected] Follow this and additional works at: https://scholarlycommons.law.case.edu/faculty_publications Part of the Evidence Commons, and the Litigation Commons Repository Citation Giannelli, Paul C., "Scientific videnceE and Prosecutorial Misconduct in the Duke Lacrosse Rape Case" (2009). Faculty Publications. 95. https://scholarlycommons.law.case.edu/faculty_publications/95 This Article is brought to you for free and open access by Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Forensic Science: Scientific Evidence and Prosecutorial Misconduct in the Duke Lacrosse Rape Case Paul Giannelli* The need for pretrial discovery in criminal cases is critical. 1 An advisory note to the federal discovery rule states: "[l]t is difficult to test expert testimony at trial without advance notice and preparation." 2 A defendant's right to confrontation, effective assistance of counsel, and due process often turns on pretrial disclosure. This essay discusses a case that demonstrates this point. What came to be known as the "Duke Lacrosse Case" began with a student party and a false accusation of rape. 3 On March 14, 2006, Crystal Mangum claimed that she had been sexually assaulted at the party. As is common in rape cases, a Sexual Assault Nurse Examiner (SANE) used what is known as a "rape kit" to collect evidence. -
Fortis SE-S2642ACD.MAG
STATE OF NORTH CAROL OF THE WAKE COUNTY CAROLINA STATE BA Plaintiff, AMENDED FINDINGS OF FACT, v. CONCLUSIONS OF LAW AND ORDER OF DISCIPLINE MICHAEL B. NIFONG, Attorney, Defendant. The Hearing Committee on its own motion pursuant to Rule of Civil Procedure 60(a) enters the following Amended Findings of Fact, Conclusions of Law and Order of Discipline in order to correct a factual mistake in Findings of Fact Paragraph 43 of its original Order in this cause, and to add an additional Conclusion of Law (b): A hearing in this matter was conducted on June 12 through June 16, 2007, before a Hearing Committee composed of F. Lane Williamson, Chair, and members Sharon B. Alexander and R. Mitchel Tyler. Plaintiff, the North Carolina State Bar, was represented by Katherine E. Jean, Douglas J. Brocker, and Carmen K. Hoyme. Defendant, Michael 3. Nifong, was represented by attorneys David B. Freedman and Dudley A. Witt. Based upon the admissions contained in the pleadings and upon the evidence presented at the hearing, this Hearing Committee makes, by clear, cogent and convincing evidence, the following FINDINGS OF FACT 1. Plaintiff, the North Carolina State Bar, is a body duly organized under the laws of North Carolina and is the proper party to bring this proceeding under the authority granted it in Chapter 84 of the General Statutes of North Carolina, and the Rules and Regulations of the North Carolina State Bar (Chapter 1 of Title 27 of the North Carolina Administrative Code). 2. Defendant, Michael B. Nifong, (hereinafter "Nifong"), was admitted to the North Carolina State Bar on August 19, 1978, and is, and was at all times referred to herein, an attorney at law licensed to practice in North Carolina, subject to the laws of the State of North Carolina, the Rules and Regulations of the North Carolina State Bar and the Revised Rules of Professional Conduct. -
In the Supreme Court of the United States
No. In the Supreme Court of the United States DAVID F. EVANS; COLLIN FINNERTY; READE SELIGMANN, PETITIONERS v. CITY OF DURHAM, NORTH CAROLINA, ET AL. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT PETITION FOR A WRIT OF CERTIORARI DAVID S. RUDOLF KANNON K. SHANMUGAM RUDOLF WIDENHOUSE Counsel of Record & FIALKO CHRISTOPHER N. MANNING 225 East Worthington JAMES M. MCDONALD Avenue #200 LUKE MCCLOUD Charlotte, NC 28203 WILLIAMS & CONNOLLY LLP 725 Twelfth Street, N.W. RICHARD D. EMERY Washington, DC 20005 ILANN M. MAAZEL (202) 434-5000 EMERY CELLI [email protected] BRINCKERHOFF & ABADY LLP 75 Rockefeller Plaza, 20th Floor New York, NY 10019 QUESTION PRESENTED Whether police officers who conspire with a prosecu- tor to fabricate evidence for subsequent use are immune from liability as a matter of law by virtue of the conspir- ing prosecutor’s decision to use the evidence. (I) PARTIES TO THE PROCEEDING Petitioners are David F. Evans; Collin Finnerty; and Reade Seligmann. Respondents are the City of Durham, North Carolina; David Addison; Patrick Baker; Steven W. Chalmers; Beverly Council; Mark Gottlieb; Benjamin Himan; Ronald Hodge; Jeff Lamb; Michael Ripberger; and Lee Russ. (II) TABLE OF CONTENTS Page Opinions below ................................................................................ 1 Jurisdiction ...................................................................................... 1 Statement ........................................................................................ -
Study Guide Are 1 in 5 Women Raped at College?
STUDY GUIDE ARE 1 IN 5 WOMEN RAPED AT COLLEGE? KEY TERMS: rape assault feminist activist cultural norm epidemic evidence affirmative consent NOTE-TAKING COLUMN: Complete this section during the CUE COLUMN: Complete this section after video. Include definitions and key terms. the video. What is happening to the rate of rape crime in the U.S.? What is the truth about rape culture on college campuses? In the unscientific survey that Vice President Biden cited, who determined the number of respondents that had been victimized? What contributes to the deceptions regarding the topic of a rape culture on college campuses? According the BJS data, who is safer from rape: women in college or women not attending college? WWW.PRAGERU.COM DISCUSSION & REVIEW QUESTIONS: • At the beginning of the video, Miss Kitchens asks, “Are American college campuses “rape cultures?” Are they dangerous places where sexual assaults against women are happening at an alarming rate? According to many feminist activists, academics and politicians, the answer is yes.” How would you answer her questions? What is the evidence to support your answer? Where do you think that activists and the like are getting such an idea that this fictitious problem is real? • To the contrary, Miss Kitchens then states, “…while rape is certainly a serious problem, there is simply no evidence of a national campus rape epidemic, and there’s certainly no evidence that sexual violence is a “cultural norm” in 21st century America. In fact, rates of rape in the US are very low and have been declining for decades.” Considering the glaring lack of evidence for such claims of a rape epidemic, etc…, why do you think that some groups are attempting to promote such a deception? How do you think that such a false narrative fits into their political agenda? • We learn in the video that one result of some ill-informed and misguided people on the subject was that, “At Scripps College, Pulitzer-Prize winning commentator George Will was disinvited from giving a speech. -
'HAILEY DEAN MYSTERIES: a WILL to KILL' Cast Bios NANCY
‘HAILEY DEAN MYSTERIES: A WILL TO KILL’ Cast Bios NANCY GRACE – An outspoken, tireless advocate for victims’ rights and one of television's most respected legal analysts, Nancy Grace headlines A&E’s all-new series “Grace vs. Abrams,” which premiered in March 2018, and appears regularly on ABC’s “Good Morning America.” She is the founder and publisher of CrimeOnline.com, a crime-fighting digital platform that investigates breaking crime news, spreads awareness of missing people and shines a light on cold cases. In addition, Crime Stories with Nancy Grace,” a daily show hosted by Grace, airs in SiriusXM’s Triumph Channel 132 and is downloadable as a podcast. Previously, she was the powerful force behind CNN Headline News’ (HLN) top-rated “Nancy Grace.” A former prosecutor with an unparalleled record of success, she has appeared on “The Oprah Winfrey Show,” “The View,” “The Today Show,” “Dr. Oz,” “Dr. Phil” and “Larry King Live,” among others, dispensing her firebrand take on the modern justice system. In addition, she was a highlight and fan favorite of “Dancing with the Stars,” finishing Season 13 in the competition’s coveted Top 5. All of her earnings from the show went to support the National Center for Missing and Exploited Children. In 2011, Grace was named one of the most impactful and powerful women in entertainment by both leading industry trade magazines, Variety and The Hollywood Reporter. In 2017, she began hosting a daily podcast called “Crime Stories with Nancy Grace.” Grace’s first book, Objection! was published in 2005, and became an instant New York Times bestseller. -
The Duke Lacrosse Case and the Blogosphere
07__JOHNSON__CONTRACT PROOF.DOC 11/18/2008 11:42:21 AM THE DUKE LACROSSE CASE AND THE BLOGOSPHERE KC JOHNSON* I INTRODUCTION On December 28, 2006, Durham County District Attorney Mike Nifong filed his initial response to the North Carolina State Bar grievance committee’s complaint that he had unethically withheld exculpatory DNA evidence in the Duke lacrosse case. Nifong concluded his missive with a swipe at the blogosphere: A well-connected and well-financed (but not, I would suggest, well-intentioned) group of individuals—most of whom are neither in nor from North Carolina—have taken it upon themselves to ensure that this case never reaches trial. (And if this seems like paranoid delusion to you, perhaps you should check out websites such as former Duke Law School graduate and current Maryland attorney Jason Trumpbour’s www.friendsofdukeuniversity.blogspot.com/, which has not only called for me to be investigated, removed from this case, and disbarred, but has also provided instructions on how to request such actions and to whom those requests should be sent.)1 A few months earlier, the District Attorney had similarly complained about the blogosphere. Asked in June 2006 by Newsweek reporter Susannah Meadows to comment on the mounting evidence of actual innocence, Nifong replied, “I have seen quite a bit of media speculation (and it is even worse on the blogs) that either starts from a faulty premise or builds to a demonstrably false conclusion. That is not my fault.”2 Nifong was hardly the only prominent figure associated with the case who read the blogs. -
The Duke Rape Case Five Years Later: Lessons for the Academy, the Media, and the Criminal Justice System Dan Subotnik
The University of Akron IdeaExchange@UAkron Akron Law Review Akron Law Journals June 2015 The Duke Rape Case Five Years Later: Lessons for the Academy, the Media, and the Criminal Justice System Dan Subotnik Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Follow this and additional works at: http://ideaexchange.uakron.edu/akronlawreview Part of the Criminal Law Commons, Criminal Procedure Commons, and the Legal Education Commons Recommended Citation Subotnik, Dan (2012) "The Duke Rape Case Five Years Later: Lessons for the Academy, the Media, and the Criminal Justice System," Akron Law Review: Vol. 45 : Iss. 4 , Article 4. Available at: http://ideaexchange.uakron.edu/akronlawreview/vol45/iss4/4 This Article is brought to you for free and open access by Akron Law Journals at IdeaExchange@UAkron, the institutional repository of The nivU ersity of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Review by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. Subotnik: The Duke Rape Case 10- SUBTONIK_MACRO.DOCM 10/12/2012 3:01 PM THE DUKE RAPE CASE FIVE YEARS LATER: LESSONS FOR THE ACADEMY, THE MEDIA, AND THE CRIMINAL JUSTICE SYSTEM Dan Subotnik∗ If engagement is the first step in healing, then the second is pure unadulterated struggle. We will never achieve racial healing if we do not confront one another, take risks. say all the things we are not supposed to say in mixed company.