NCJ Number
39762
Journal
Journal of Criminal Law & Criminology Volume: 67 Issue: 3 Dated: (SEPTEMBER 1976) Pages: 273-286
Date Published
1976
Length
14 pages
Annotation
ARTICLE EXAMINES CASE LAW ON RULES GOVERNING RECANTATION OF PERJURED TESTIMONY.
Abstract
THE ARTICLE FOCUSES ON THE SO-CALLED COMPLETED CRIME RULE. IT EXAMINES WHAT THE AUTHOR BELIEVES ARE INHERENT WEAKNESSES THAT RENDER THE RULE UNACCEPTABLE AS AN ANSWER TO THE PERJURY PROBLEM. BECAUSE THE RULE HAS AN EMPHASIS ON THE DETERRENCE OF INITIAL FALSEHOOD, IT IS OF QUESTIONABLE UTILITY BECAUSE OF THE POTENTIAL THREAT IT POSES TO A DEFENDANT'S PRESUMPTION OF INNOCENCE. THE AUTHOR BELIEVES THAT THE 1970 FEDERAL RECANTATION STATUE SHOULD BE USED BY THOSE STATES THAT STILL CLING TO THE COMPLETED CRIME RULE....BS