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Articles 91 - 120 of 187
Full-Text Articles in Law
Expert Qualifications: Traps For The Unwary, Paul C. Giannelli
Expert Qualifications: Traps For The Unwary, Paul C. Giannelli
Faculty Publications
No abstract provided.
New Developments In Scientific Evidence, Paul C. Giannelli
New Developments In Scientific Evidence, Paul C. Giannelli
Faculty Publications
No abstract provided.
Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal
Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal
Faculty Publications
Once a prosecutor determines to employ an expert, a number of distinct decisions must be confronted-from choosing the expert, to complying with discovery obligations, to presenting the testimony at trial. Part I of this essay considers the selection of experts. Although improper selection of experts can be viewed as merely another aspect of presenting misleading testimony, we treat it separately in this essay because the literature typically ignores it. Part 1I examines the pretrial disclosure of scientific evidence. The issues that have arisen in this context include late disclosure, omitting information from laboratory reports, declining to have a report prepared, …
Impeachment: Evidence Amendments, Paul C. Giannelli
Impeachment: Evidence Amendments, Paul C. Giannelli
Faculty Publications
No abstract provided.
Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer
Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer
Faculty Publications
No abstract provided.
Daubert In The States, Paul C. Giannelli
Hearsay: Traps & Problem Issues, Paul C. Giannelli
Hearsay: Traps & Problem Issues, Paul C. Giannelli
Faculty Publications
No abstract provided.
Rape Trauma Syndrome, Paul C. Giannelli
Rape Trauma Syndrome, Paul C. Giannelli
Faculty Publications
Article discusses use of rape trauma syndrom in litigation.
Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno
Faculty Publications
No abstract provided.
A Bludgeon By Any Other Name: The Misuse Of Ethical Rules Against Prosecutors To Control The Law Of The State, Frank O. Bowman Iii
A Bludgeon By Any Other Name: The Misuse Of Ethical Rules Against Prosecutors To Control The Law Of The State, Frank O. Bowman Iii
Faculty Publications
My objective here is threefold: (1) to explain these ethical rules and demonstrate how each is in conflict with longstanding principles of federal criminal law; (2) to explain why these rules are illegitimate, both as rules of ethics and as rules of positive law; and (3) to offer some observations on how the dispute over these rules can sharpen our thinking about the nature and proper limits of ethical rules governing lawyers.
The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman
The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman
Faculty Publications
No abstract provided.
Chain Of Custody, Paul C. Giannelli
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Faculty Publications
No abstract provided.
Conditional Probative Value And The Reconstruction Of The Federal Rules Of Evidence, Dale A. Nance
Conditional Probative Value And The Reconstruction Of The Federal Rules Of Evidence, Dale A. Nance
Faculty Publications
In a recent article, Richard Friedman articulates a modified and generalized version of the doctrine of conditional relevance, which he calls "conditional probative value."1 This version comes in response to a substantial body of academic criticism of the traditional doctrine.2 As one of the critics to whom Professor Friedman responds, I offer this reply with two purposes in mind: (1) to clarify the relationship between Friedman's analysis and my earlier reinterpretation of the conditional relevance doctrine; and (2) to ad- dress Friedman's specific proposals with regard to the Federal Rules of Evidence. I conclude that Friedman's articulation helps clarify the …
Seizing Evidence From Suspects For Forensic Analysis, Paul C. Giannelli
Seizing Evidence From Suspects For Forensic Analysis, Paul C. Giannelli
Faculty Publications
No abstract provided.
A Theory Of Verbal Completeness, Dale A. Nance
A Theory Of Verbal Completeness, Dale A. Nance
Faculty Publications
In this Article I will endorse the view that the most important modem function of the completeness rule is to trump otherwise applicable exclusionary rules, though not every rule in every instance. I will also offer the general proposition that it should almost always trump one large and important class of exclusionary rules, those based upon the "best evidence" principle, that is, the principle that parties should present to the tribunal the epistemically best evidence available to them on a given litigated issue.
Technology Comes To The Courtroom, And . . ., Fredric I. Lederer
Technology Comes To The Courtroom, And . . ., Fredric I. Lederer
Faculty Publications
No abstract provided.
Foreword: Do We Really Want To Know The Defendant?, Dale A. Nance
Foreword: Do We Really Want To Know The Defendant?, Dale A. Nance
Faculty Publications
Forward to the Symposium on the Admission of Prior Offense Evidence in Sexual Assualt Cases, Chicago, Illinois, 1994.
Polygraph Evidence: Part I, Paul C. Giannelli
Polygraph Evidence: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
Confrontation Issues In Child Abuse Cases, Paul C. Giannelli
Confrontation Issues In Child Abuse Cases, Paul C. Giannelli
Faculty Publications
No abstract provided.
Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli
Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli
Faculty Publications
No abstract provided.
Polygraph Evidence: Part Ii, Paul C. Giannelli
Polygraph Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff
Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff
Faculty Publications
This article first explores the Allen decision and the extent to which Allen changed the law of criminal discovery in Oklahoma. Next, the article examines some of the theoretical and practical problems with the Allen procedures as well as the efforts of the Oklahoma Court of Criminal Appeals to address some of the troublesome questions generated by Allen. Finally, the article discusses the need to replace the Allen provisions with a legislative framework that facilitates pretrial access to information and minimizes “trial ambush,” but without compromising the fair and efficient operation of the adversary system.
“Junk Science”: The Criminal Cases, Paul C. Giannelli
“Junk Science”: The Criminal Cases, Paul C. Giannelli
Faculty Publications
No abstract provided.
Chain Of Custody, Paul C. Giannelli
Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli
Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli
Faculty Publications
No abstract provided.
Understanding Responses To Hearsay: An Extension Of The Comparative Analysis, Dale A. Nance
Understanding Responses To Hearsay: An Extension Of The Comparative Analysis, Dale A. Nance
Faculty Publications
Response to Professor Damaska's presentation at the Hearsay Reform Conference, Minneapolis, Minnesota, 1992.
Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli
Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli
Faculty Publications
No abstract provided.
"Other Acts” & Character Evidence: Part I, Paul C. Giannelli
"Other Acts” & Character Evidence: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli
"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.