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Full-Text Articles in Law
Child Witness Policy: Law Interfacing With Social Science, Louise E. Graham, Dorothy F. Marsil, Jean Montoya, David Ross
Child Witness Policy: Law Interfacing With Social Science, Louise E. Graham, Dorothy F. Marsil, Jean Montoya, David Ross
Law Faculty Scholarly Articles
The number of children testifying in court has posed serious practical and legal problems for the judicial system. One problem confronting the courts is how to protect children from experiencing the psychological trauma resulting from a face-to-face confrontation with a defendant who may have physically harmed the child or threatened future harm to the child. Another concern is that this trauma may impair children's memory performance and their willingness to disclose the truth. In response to these concerns, child witness innovations proliferated throughout the United States in the 1980s and 1990s. Among the innovations were: placing a screen between child …
Kentucky Law Survey: Evidence, Richard H. Underwood
Kentucky Law Survey: Evidence, Richard H. Underwood
Law Faculty Scholarly Articles
Kentucky courts faced a number of significant issues in evidence law during the Survey period. Several decisions dealt with character evidence and problems arising from the admission of evidence of prior criminal acts of the accused, either as substantive evidence or for impeachment. This Survey will highlight these cases and to a lesser degree discuss cases on hearsay admissions, opinion, the Kentucky Dead Man Statute and privilege, which also were decided during the Survey period.
Kentucky Law Survey: Evidence, Robert G. Lawson
Kentucky Law Survey: Evidence, Robert G. Lawson
Law Faculty Scholarly Articles
This article is a survey of Kentucky law on evidence. Almost as often as not the government's case in criminal litigation will contain evidence indicating that the accused committed some offense other than the one for which he is being tried. Consequently a set of rules to control the use of evidence of "other crimes" has evolved. In most jurisdictions it consists of a single rule that prohibits the use of such evidence against a defendant along with a group of exceptions that virtually engulfs the prohibition against admissibility. Kentucky law is so structured. As all lawyers who engage in …
Kentucky Law Survey: Evidence, Robert G. Lawson
Kentucky Law Survey: Evidence, Robert G. Lawson
Law Faculty Scholarly Articles
This article provides a survey of Kentucky case law on evidence. The author discusses: the “Cotton” doctrine, hearsay and the reported testimony exception, learned treatises, and the best evidence rule.