Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 42
Full-Text Articles in Entire DC Network
Changing The Culture Of Disclosure And Forensics, Valena Beety
Changing The Culture Of Disclosure And Forensics, Valena Beety
Washington and Lee Law Review Online
This Essay responds to Professor Brandon Garrett’s Constitutional Regulation of Forensic Evidence, and, in particular, his identification of the dire need to change the culture of disclosing forensic evidence. My work on forensics is—similarly to Garrett’s—rooted in both scholarship and litigation of wrongful convictions. From this perspective, I question whether prosecutors fully disclose forensics findings and whether defense attorneys understand these findings and their impact on a client’s case. To clarify forensic findings for the entire courtroom, this Essay suggests increased pre-trial discovery and disclosure of forensic evidence and forensic experts. Forensic analysts largely work in police-governed labs; therefore, …
Reply To Miriam Baer And Michael Doucette’S Reviews Of Two Models Of Pre-Plea Discovery In Criminal Cases, Jenia I. Turner, Allison D. Redlich
Reply To Miriam Baer And Michael Doucette’S Reviews Of Two Models Of Pre-Plea Discovery In Criminal Cases, Jenia I. Turner, Allison D. Redlich
Washington and Lee Law Review Online
No abstract provided.
Virginia Prosecutors’ Response To Two Models Of Pre-Plea Discovery In Criminal Cases: An Empirical Comparison, Michael R. Doucette
Virginia Prosecutors’ Response To Two Models Of Pre-Plea Discovery In Criminal Cases: An Empirical Comparison, Michael R. Doucette
Washington and Lee Law Review Online
No abstract provided.
Constitutional Regulation Of Forensic Evidence, Brandon L. Garrett
Constitutional Regulation Of Forensic Evidence, Brandon L. Garrett
Washington and Lee Law Review
No abstract provided.
Epigenetics And Toxic Torts: How Epidemiological Evidence Informs Causation, Kerriann Laubach
Epigenetics And Toxic Torts: How Epidemiological Evidence Informs Causation, Kerriann Laubach
Washington and Lee Law Review
No abstract provided.
How Sound Is The Science? Applying Daubert To Biomechanical Experts’ Injury Causation Opinions, Loren Peck
How Sound Is The Science? Applying Daubert To Biomechanical Experts’ Injury Causation Opinions, Loren Peck
Washington and Lee Law Review
No abstract provided.
Criminal Adjudication, Error Correction, And Hindsight Blind Spots, Lisa Kern Griffin
Criminal Adjudication, Error Correction, And Hindsight Blind Spots, Lisa Kern Griffin
Washington and Lee Law Review
Concerns about hindsight in the law typically arise with regard to the bias that outcome knowledge can produce. But a more difficult problem than the clear view that hindsight appears to provide is the blind spot that it actually has. Because of the conventional wisdom about error review, there is a missed opportunity to ensure meaningful scrutiny. Beyond the confirmation biases that make convictions seem inevitable lies the question whether courts can see what they are meant to assess when they do look closely for error. Standards that require a retrospective showing of materiality, prejudice, or harm turn on what …
Ultracrepidarianism In Forensic Science: The Hair Evidence Debacle, David H. Kaye
Ultracrepidarianism In Forensic Science: The Hair Evidence Debacle, David H. Kaye
Washington and Lee Law Review Online
For over 130 years, scientific sleuths have inspected hairs under microscopes. Late in 2012, the FBI, the Innocence Project, and the National Association of Criminal Defense Lawyers joined forces to review thousands of microscopic hair comparisons performed by FBI examiners over several of those decades. The results have been astounding. Based on the first few hundred cases in which hairs were said to match, it appears that examiners exceeded the limits of science in over 90% of their reports or testimony. The disclosure of this statistic has led to charges that the FBI faked an entire field of forensic science, …
Contents May Have Shifted: Disentangling The Best Evidence Rule From The Rule Against Hearsay, Colin Miller
Contents May Have Shifted: Disentangling The Best Evidence Rule From The Rule Against Hearsay, Colin Miller
Washington and Lee Law Review Online
The rule against hearsay covers a statement offered to prove the truth of the matter asserted but does not cover a statement offered for another purpose. Meanwhile, the Best Evidence Rule states that a party seeking to prove the content of a writing, recording, or photograph must produce the original or account for its nonproduction. Does this mean that the Rule is inapplicable when a party seeks to prove something other than the truth of the matter asserted in a writing, recording or photograph? Most courts have answered this question in the affirmative. This essay argues these courts are wrong.
The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock
The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock
Washington and Lee Law Review
Statistical analyses play an important role in employment discrimination cases, as the Supreme Court has long recognized. Regression analysis can help a plaintiff establish a claim of discrimination under Title VII of the Civil Rights Act of 1964 by showing that, even when controlling for relevant characteristics, individuals of a certain class were treated differently than other employees or applicants. It can also help a defendant rebut such a claim by showing that differential treatment was due to characteristics other than being a member of a protected class. Yet, too often, opposing experts present invalid rebuttal evidence that the jury …
A Return To The Grand Jury To Promote A Zen Zeal In Prosecutors, Melanie D. Wilson
A Return To The Grand Jury To Promote A Zen Zeal In Prosecutors, Melanie D. Wilson
Scholarly Articles
DNA evidence has freed at least 209 convicted people. Sometimes DNA evidence exonerates a person. Other times, it does not. When it does not exonerate, a prosecutor must decide whether to persist in further prosecution of the defendant. I propose a fresh, but simple, solution for prosecutors who face such choices. To protect the interests of defendants and victims, and to assuage society’s need for fair and accurate outcomes, prosecutors should represent these cases to a grand jury. The grand jury is an easily convened neutral party that can dispassionately evaluate the evidence, old and new, and determine whether a …
A Non-Romantic View Of Expert Testimony, Lewis H. Larue, David S. Caudill
A Non-Romantic View Of Expert Testimony, Lewis H. Larue, David S. Caudill
Scholarly Articles
The Daubert trilogy as a whole deflects attention away from abstract identifications of scientific validity (including the demarcation controversy aimed at rooting out allegedly junk science from the courtroom), and toward the application of expertise to the particular case at hand. That emphasis on application is reflected as well in post-trilogy scholarship, wherein we see three patterns or contours that both help quiet the debates and provide useful guidance to judges and lawyers. First, there is a pragmatic recognition, in various forms, that the focus should be on how science is being used rather than on science in the abstract. …
Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical -- And Not Just The Methodological Aspects Of Science, Lewis H. Larue, David S. Caudill
Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical -- And Not Just The Methodological Aspects Of Science, Lewis H. Larue, David S. Caudill
Scholarly Articles
In response to the claim that many judges are deficient in their understanding of scientific methodology, this Article identifies in recent cases (i) a pragmatic perspective on the part of federal appellate judges when they reverse trial judges who tend to idealize science (i.e., who do not appreciate the local and practical goals and limitations of science), and (ii) an educational model of judicial gatekeeping that results in reversal of trial judges who defer to the social authority of science (i.e., who mistake authority for reliability). Next, this Article observes that courts (in the cases it analyzes) are not interested …
United States V. Leon, Lewis F. Powell Jr.
United States V. Leon, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Bose Corp. V. Consumers Union Of United States, Inc., Lewis F. Powell Jr.
Bose Corp. V. Consumers Union Of United States, Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Statistics In The Potential Problems In The Presentation Of Statistical Evidence
Statistics In The Potential Problems In The Presentation Of Statistical Evidence
Washington and Lee Law Review
No abstract provided.
A Judicial Perspective On Opinion Evidence Under The Federal Rules, George C. Pratt
A Judicial Perspective On Opinion Evidence Under The Federal Rules, George C. Pratt
Washington and Lee Law Review
No abstract provided.
Forensic Hair Analysis: The Case Against The Underemployment Of Scientific Evidence, Edward J. Imwinkelried
Forensic Hair Analysis: The Case Against The Underemployment Of Scientific Evidence, Edward J. Imwinkelried
Washington and Lee Law Review
No abstract provided.
Grand Jury: A Prosecutor Need Not Present Exculpatory Evidence
Grand Jury: A Prosecutor Need Not Present Exculpatory Evidence
Washington and Lee Law Review
No abstract provided.
United States V. Payner, Lewis F. Powell Jr.
United States V. Payner, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
North Carolina V. Butler, Lewis F. Powell Jr.
North Carolina V. Butler, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Parker V. Randolph, Lewis F. Powell Jr.
Parker V. Randolph, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Commonwealth Of Massachusetts V. White, Lewis F. Powell Jr.
Commonwealth Of Massachusetts V. White, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Oregon V. Hass, Lewis F. Powell Jr.
The Admissibility Of Prior-Crimes Evidence In Prosecutions For Child Abuse
The Admissibility Of Prior-Crimes Evidence In Prosecutions For Child Abuse
Washington and Lee Law Review
No abstract provided.
Schneble V. Florida, Lewis F. Powell Jr.
Schneble V. Florida, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Proposed Federal Rules Of Evidence-How Will They Affect The Trial Of Cases?, Charles B. Blackmar
The Proposed Federal Rules Of Evidence-How Will They Affect The Trial Of Cases?, Charles B. Blackmar
Washington and Lee Law Review
No abstract provided.
An Attorney In Possession Of Evidence Incriminating His Client
An Attorney In Possession Of Evidence Incriminating His Client
Washington and Lee Law Review
No abstract provided.
Opinion Evidence Or Facts, Lucile P. Lacy
Opinion Evidence Or Facts, Lucile P. Lacy
Washington and Lee Law Review
No abstract provided.
Derivative Evidence Under Mcnabb-Mallory
Derivative Evidence Under Mcnabb-Mallory
Washington and Lee Law Review
No abstract provided.