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Articles 1 - 4 of 4
Full-Text Articles in Law
Eliminating Rule 609 To Provide A Fair Opportunity To Defend Against Criminal Charges: A Proposal To The Advisory Committee On The Federal Rules Of Evidence, Jeffrey Bellin
Faculty Publications
Federal Rule of Evidence 609 authorizes the admission of prior convictions to impeach criminal defendants who testify. And in this important and uniquely damaging application, the [r]ule’s logic fails, distorting American trials and depriving defendants of a fair opportunity to defend against the charges. The Advisory Committee [on Evidence Rules (the “Advisory Committee”)] should propose the elimination of Rule 609 and prohibit cross-examination with specific instances of a criminal defendant’s past conduct when those instances are unrelated to the defendant’s testimony and unconnected to the case.
This short essay begins by setting out the proposed rule change alongside a proposed …
The Precarious Art Of Classifying Facts, Allison Orr Larsen
The Precarious Art Of Classifying Facts, Allison Orr Larsen
Faculty Publications
In their terrific new article, Fact Stripping, Joseph Blocher and Brandon Garrett bring formidable expertise from their respective fields to tackle the inscrutable puzzle of appellate fact review.
[...]
In this short reply I will add to Blocher and Garrett’s illuminating work by exploring a foundational confusion their article exposes. I will first explain why classifying facts as either suitable for trial or not is a very fraught endeavor; I will then argue that this difficulty allows for significant manipulation and the risk of unprincipled application. Finally, I will nod to prior work and forecast future work where I …
Ai-Based Evidence In Criminal Trials?, Sabine Gless, Fredric I. Lederer, Thomas Weigend
Ai-Based Evidence In Criminal Trials?, Sabine Gless, Fredric I. Lederer, Thomas Weigend
Faculty Publications
Smart devices are increasingly the origin of critical criminal case data. The importance of such data, especially data generated when using modern automobiles, is likely to become even more important as increasingly complex methods of machine learning lead to AI-based evidence being autonomously generated by devices. This article reviews the admissibility of such evidence from both American and German perspectives. As a result of this comparative approach, the authors conclude that American evidence law could be improved by borrowing aspects of the expert testimony approaches used in Germany’s “inquisitorial” court system.
Write Before You Watch: Policies For Police Body-Worn Cameras That Advance Accountability And Accuracy, Hillary B. Farber
Write Before You Watch: Policies For Police Body-Worn Cameras That Advance Accountability And Accuracy, Hillary B. Farber
Faculty Publications
In the wake of high-profile killings and abuse by police officers over the past few years, the public has come to expect that officers will be equipped with body-worn cameras (BWCs). These cameras capture and preserve encounters between police and civilians, and the footage they record often becomes critical evidence in criminal, civil, or administrative proceedings. Reformers believe BWCs can improve police accountability, build public trust in police, and potentially reform police behavior.
Considering the reliance on BWCs, a key question has emerged: should officers be allowed to review BWC footage before preparing a report or giving a statement, or …