Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in Entire DC Network
Protecting Restorative Justice Participants: The Implications Of Implementing Restorative Justice Practices Without Proper Safeguards For Participants, Abigail Young
University of Miami Race & Social Justice Law Review
No abstract provided.
The (Mis)Application Of Rule 404(B) Heuristics, Dora W. Klein
The (Mis)Application Of Rule 404(B) Heuristics, Dora W. Klein
University of Miami Law Review
In all of the federal circuit courts of appeals, application of Rule 404(b) of the Federal Rules of Evidence has been distorted by judicially-created “tests” that, while intended to assist trial courts in properly admitting or excluding evidence, do not actually test for the kind of evidence prohibited by this rule. Rule 404(b) prohibits evidence of “crimes, wrongs, or other acts” if the purpose for admitting the evidence is to prove action in accordance with a character trait. This evidence is commonly referred to as “propensity” evidence, or “once a drug dealer, always a drug dealer” evidence.
This Article examines …
Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein
Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein
Articles
In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on …
Trials And Tribulations: Science In The Law, Susan Haack
Trials And Tribulations: Science In The Law, Susan Haack
Articles
No abstract provided.
Inadequate Interpreting Services In Courts And The Rules Of Admissibility Of Testimony On Extrajudicial Interpretations, Beth G. Lindie
Inadequate Interpreting Services In Courts And The Rules Of Admissibility Of Testimony On Extrajudicial Interpretations, Beth G. Lindie
University of Miami Law Review
No abstract provided.
Restricting The Admissibility Of Expert Testimony In Child Sexual Abuse Prosecutions: Pennsylvania Takes It To The Extreme, Lisa R. Askowitz
Restricting The Admissibility Of Expert Testimony In Child Sexual Abuse Prosecutions: Pennsylvania Takes It To The Extreme, Lisa R. Askowitz
University of Miami Law Review
No abstract provided.
Idaho V. Wright: The Defenestration Of Corroborating Evidence, John Clairborne Koski
Idaho V. Wright: The Defenestration Of Corroborating Evidence, John Clairborne Koski
University of Miami Law Review
No abstract provided.