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Articles 1 - 30 of 32
Full-Text Articles in Law
Prosecutorial Discovery: An Overview, Harry G. Deitzler, Susan Klimas, Walt Auvil
Prosecutorial Discovery: An Overview, Harry G. Deitzler, Susan Klimas, Walt Auvil
West Virginia Law Review
No abstract provided.
Survey Of Developments In West Virginia Law: 1980
Survey Of Developments In West Virginia Law: 1980
West Virginia Law Review
No abstract provided.
Evidence, Hardy Gregory Jr.
Evidence, Hardy Gregory Jr.
Mercer Law Review
There are a number of devices and techniques commonly used for the purpose of producing information to be used as evidence. These devices and techniques are the tools of investigators. The appellate courts of Georgia dealt in an interesting way with several of these tools in the past year, namely, polygraph tests, bloodhounds and blood alcohol tests.
Georgia's Witness Immunity Statute: Explication And Recommendations For Judicial Development, Roald Mykkeltvedt
Georgia's Witness Immunity Statute: Explication And Recommendations For Judicial Development, Roald Mykkeltvedt
Mercer Law Review
In 1975 the Georgia General Assembly enacted a comprehensive witness immunity statute' providing for a procedure to obtain the testimony of persons who refuse to testify on self-incrimination grounds. That procedure is summarized in the following excerpt from the act:
Whenever in the judgment of the Attorney General or any district attorney, the testimony of any person or the production of evidence of any kind by any person in any criminal proceeding before a court or grand jury is necessary to the public interest, then the Attorney General or the district attorney may request the superior court, in writing, to …
Federal Evidence. David W. Louisell & Christopher B. Mueller, Charles R. Coleman
Federal Evidence. David W. Louisell & Christopher B. Mueller, Charles R. Coleman
North Carolina Central Law Review
No abstract provided.
Pillow Talk, Grimgribbers And Connubial Bliss: The Marital Communication Privilege, Anne N. Deprez
Pillow Talk, Grimgribbers And Connubial Bliss: The Marital Communication Privilege, Anne N. Deprez
Indiana Law Journal
No abstract provided.
Inculpatory Declarations Against Penal Interest And The Coconspirator Rule Under The Federal Rules Of Evidence, Diane M. Frye
Inculpatory Declarations Against Penal Interest And The Coconspirator Rule Under The Federal Rules Of Evidence, Diane M. Frye
Indiana Law Journal
No abstract provided.
Evidentiary Requirements To Prove A Claim For Black Lung Benefits: Impact Of The Black Lung Benefits Reform Act Of 1977, F. Thomas Rubenstein
Evidentiary Requirements To Prove A Claim For Black Lung Benefits: Impact Of The Black Lung Benefits Reform Act Of 1977, F. Thomas Rubenstein
West Virginia Law Review
No abstract provided.
Trammel V. United States, 100 S. Ct. 906 (1980), M. J. Lord
Trammel V. United States, 100 S. Ct. 906 (1980), M. J. Lord
Florida State University Law Review
Evidence-LIMITATION OF THE FEDERAL HUSBAND-WIFE EVIDENTIARY PRIVILEGE
The Myth Of Conditional Relevancy, Vaughn C. Ball
The Myth Of Conditional Relevancy, Vaughn C. Ball
Scholarly Works
[This article is intended to supersede and replace an article with the same title published by the Arizona State Law Journal. That article, in its printed form, was disapproved by me prior to publication, and did not correctly state my views on the subject.] It is the thesis of this article, which may as well be stated first as last, that: (1) the received learning of the doctrine of conditional relevancy is erroneous, being based from the start on an incorrect analysis of relevancy; (2) the doctrine is inconsistent with the definitions of relevancy adopted in the Model Code, the …
Survey Of Developments In West Virginia Law: 1979
Survey Of Developments In West Virginia Law: 1979
West Virginia Law Review
No abstract provided.
State V. Frazier, Lucinda Masterton
Mathematical Models And Legal Realities: Some Comments On The Poisson Model Of Jury Behavior, David H. Kaye
Mathematical Models And Legal Realities: Some Comments On The Poisson Model Of Jury Behavior, David H. Kaye
Journal Articles
While a mathematical model cannot reflect all the elements of reality, modeling involves drastic simplifications, and those expounding the mathematical model would recognize the complexity of the elements. This article illuminates this cause with a mathematical model that seems to be in vogue, developed by the renowned mathematician Simeon Poisson. It reviews the Poisson model in order to enucleate its many assumptions. It also explains why these assumptions may introduce serious errors into the probabilities calculated according to the model. It also indicates one reason that even a relatively error free model would have limited usefulness in resolving the constitutional …
The Ohio Rules Of Evidence: Part I, Paul C. Giannelli
The Ohio Rules Of Evidence: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Status Of The Third Party Confession In Virginia: In Search Of A Trustworthiness Standard, Donna J. Katos
The Status Of The Third Party Confession In Virginia: In Search Of A Trustworthiness Standard, Donna J. Katos
University of Richmond Law Review
The issue of third party confessions generates great controversy. The basic inquiry is, should confessions allegedly uttered by persons other than the defendant be admitted into evidence in a criminal trial? If so, under what conditions? How much discretion should a trial judge be afforded in determining whether this evidence should be admitted to exculpate a person charged with murder, armed robbery, or rape? Should the trial judge or the jury determine the reliability of the witness, the declarant, or the content of the confession itself? These considerations, in addition to due process arguments, have troubled criminal courts, legislators, and …
Exploring The Limits Of Brady V. Maryland: Criminal Discovery As A Due Process Right In Access To Police Investigations And State Crime Laboratories, Walter H. Ohar
University of Richmond Law Review
Why not criminal discovery? This question has been posited by legal scholars and learned jurists alike since the liberalization of discovery methods under the modern codes of civil procedure. As inexact as the term criminal discovery may be and, according to its critics, as inapplicable as discovery may be in the criminal context, there is little doubt that the current trend is the expansion of that which is discoverable by either side prior to a criminal trial. In fact, criminal discovery has developed into something more than a problem of procedure to be resolved by the individual jurisdictions in piecemeal …
Custodial Seizures And The Poison Tree Doctrine: Dunaway V. New York And Its Aftermath, 13 J. Marshall L. Rev. 733 (1980), Rosanne J. Faraci
Custodial Seizures And The Poison Tree Doctrine: Dunaway V. New York And Its Aftermath, 13 J. Marshall L. Rev. 733 (1980), Rosanne J. Faraci
UIC Law Review
No abstract provided.
Administrative Law - Internal Revenue Service (Irs) Summons Enforcement - When An Irs Investigation Has Been Coordinated By A Justice Department Strike Force, The District Court Must Determine That Each Summons Issued Was Not Used For An Improper Criminal Investigation Purpose, Angela Baker
Villanova Law Review
No abstract provided.
Evidence - Hearsay - Prior Inconsistent Statements, Stephanie G. Spaulding
Evidence - Hearsay - Prior Inconsistent Statements, Stephanie G. Spaulding
Duquesne Law Review
The Pennsylvania Superior Court has held that prior inconsistent statements may be used substantively as well as for impeachment purposes.
Commonwealth v. Loar, 399 A.2d 1110 (Pa. Super. Ct.), allocatur denied (1979).
The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson
The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson
Publications
No abstract provided.
New York Proposed Code Of Evidence: Article V, The Symposium: The New York Proposed Code Of Evidence, Michael M. Martin
New York Proposed Code Of Evidence: Article V, The Symposium: The New York Proposed Code Of Evidence, Michael M. Martin
Faculty Scholarship
Article V of the New York Proposed Code of Evidence sets forth the rules of evidentiary privilege. Unlike other articles of the Proposed Code, it differs significantly from its federal counterpart. Article V of the Federal Rules of Evidence consists of only rule 501, which provides that, unless otherwise required by the constitution or federal statute, privileges in federal courts are governed by "the principles of the common law as they may be interpreted... in the light of reason and experience." Rule 501 further provides, however, that questions of privilege in civil cases as to which state law supplies the …
United States Of America V. Herman Raddatz, Preview Of United States Supreme Court Cases, Leroy Pernell
United States Of America V. Herman Raddatz, Preview Of United States Supreme Court Cases, Leroy Pernell
Journal Publications
No abstract provided.
Investigative Stops In High Crime Areas, Richard A. Gonzales
Investigative Stops In High Crime Areas, Richard A. Gonzales
Faculty Scholarship
This article questions what constitutes reasonable suspicion of criminal activity particularly within high crime area. Some of the referenced cases:
- People v. Cantor, 36 N.Y.2d 106, 365 N.Y.S.2d 509, 324 N.E.2d 872 (1975)
- U.S. v. Magda, 409 F.Supp. 734,740 (S.D. N.Y. 1976)
- Terry v. Ohio, 392 U.S. 1 ( 1968)
- Sibron v. New York, 392 U.S. 40 ( 1968)
- U.S. v. Brignoni-Ponce, 422 U.S. 873 (1975)
- U.S. v. Flores, 462 F. Supp. 702 (E.D. NS. 1978)
- U.S. v. Oates, 560 F.2d 45, 49 (2d Cir. 1977)
- U.S. v. Constantine, 567 F.2d 266 ( 4th Cir. 1977)
- People v. Bower, 24 …
Scientific Evidence - Part Ii, Paul C. Giannelli
Scientific Evidence - Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Scientific Evidence - Part I, Paul C. Giannelli
Scientific Evidence - Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces
Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces
Faculty Publications
No abstract provided.
Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino
Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino
Articles by Maurer Faculty
No abstract provided.
Kentucky Law Survey: Evidence, Winifred Bryant
Kentucky Law Survey: Evidence, Winifred Bryant
Kentucky Law Journal
No abstract provided.
The Adversary Model Is Bent, William T. Pizzi, Phillip S. Figa, Kenneth E. Barnhill, Jr.
The Adversary Model Is Bent, William T. Pizzi, Phillip S. Figa, Kenneth E. Barnhill, Jr.
Publications
No abstract provided.
The Law Office Search: An Emerging Problem And Some Suggested Solutions, Lackland H. Bloom Jr.
The Law Office Search: An Emerging Problem And Some Suggested Solutions, Lackland H. Bloom Jr.
Faculty Journal Articles and Book Chapters
A law office search threatens the attorney-client relationship by jeopardizing values protected by the fourth, fifth, and sixth amendments. After reviewing recent developments that underlie the sudden emergence of the law office search, Professor Bloom examines the nature of this threat and suggests that the values of the attorney-client relationship can be reconciled with the needs of law enforcement by requiring the police to use a subpoena rather than a search warrant when seeking documentary evidence from an attorney. Professor Bloom considers whether this "subpoena preference rule" either is required by the fourth amendment or can be implemented by nonconstitutional …