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Full-Text Articles in Law

Why New Hampshire Must Update Rape Shield Laws, Amy Vorenberg May 2017

Why New Hampshire Must Update Rape Shield Laws, Amy Vorenberg

Law Faculty Scholarship

[Excerpt] “Recent research indicates that New Hampshire has some of the highest rates of sexual assault in the nation; nearly one in four New Hampshire women and one in 20 New Hampshire men will experience sexual assault. Although reporting a crime can be hard for anyone, sexual assault victims have particular reasons for not reporting. After an assault, a rape victim typically feels embarrassment, shame and fears reprisal (most of these crimes are committed by an acquaintance). The deeply personal nature of rape makes it uniquely traumatizing and confusing.”


Illegal Stops And The Exclusionary Rule: The Consequences Of Utah V. Strieff, Emily Sack Jan 2017

Illegal Stops And The Exclusionary Rule: The Consequences Of Utah V. Strieff, Emily Sack

Law Faculty Scholarship

No abstract provided.


Introduction To The Symposium On Child Witnesses In Sexual Abuse Cases, Carl T. Bogus Apr 2014

Introduction To The Symposium On Child Witnesses In Sexual Abuse Cases, Carl T. Bogus

Law Faculty Scholarship

No abstract provided.


Genetic Privacy And The Fourth Amendment: Unregulated Surreptitious Dna Harvesting, Albert E. Scherr Jan 2013

Genetic Privacy And The Fourth Amendment: Unregulated Surreptitious Dna Harvesting, Albert E. Scherr

Law Faculty Scholarship

Genetic privacy and police practices have come to the fore in the criminal justice system. Case law and stories in the media document that police are surreptitiously harvesting the DNA of putative suspects. Some sources even indicate that surreptitious data banking may also be in its infancy. Surreptitious harvesting of out-of-body DNA by the police is currently unregulated by the Fourth Amendment. The few courts that have addressed the issue find that the police are free to harvest DNA abandoned by a putative suspect in a public place. Little in the nascent surreptitious harvesting case law suggests that surreptitious data …


Prosecutors' New Ethical Duty Relating To Wrongful Convictions, Niki Kuckes Oct 2008

Prosecutors' New Ethical Duty Relating To Wrongful Convictions, Niki Kuckes

Law Faculty Scholarship

No abstract provided.


Who Knew? Admissibility Of Subsequent Remedial Measures When Defendants Are Without Knowledge Of The Injuries, Mark G. Boyko, Ryan G. Vacca Jan 2007

Who Knew? Admissibility Of Subsequent Remedial Measures When Defendants Are Without Knowledge Of The Injuries, Mark G. Boyko, Ryan G. Vacca

Law Faculty Scholarship

Federal Rule of Evidence 407 prohibits the introduction of subsequent remedial measures for the purposes of demonstrating negligence, culpable conduct, or product defect. But the rule breaks down, in application and purpose, when a defendant undertakes the new safety measure after the plaintiff's injury, but before the defendant had knowledge of the loss. Such a situation is not uncommon. Would-be defendants frequently improve their products and product safety for a variety of reasons. Toxic exposure cases, where exposure often predates diagnosis of the injury by a decade or more, represent a prime example of cases where defendants are likely to …


Everything New Is Old Again: Brain Fingerprinting And Evidentiary Analogy, Alexandra J. Roberts Jan 2007

Everything New Is Old Again: Brain Fingerprinting And Evidentiary Analogy, Alexandra J. Roberts

Law Faculty Scholarship

Brain Fingerprinting uses electroencephalography to ascertain the presence or absence of information in a subject's brain based on his reaction to particular stimuli. As a new forensic tool, Brain Fingerprinting technology stands poised to exert a tremendous impact on the presentation and outcome of selected legal cases in the near future. It also provides a fertile case study to examine the role of analogical reasoning in the process by which lawyers, experts, judges, and the media influence how factjinders perceive and evaluate unfamiliar types of proof When juridical metaphor disguises, distorts, or destroys ideas, it ceases to serve as an …


Using Suppression Hearing Testimony To Prove Good Faith Under United States V. Leon, John E. Taylor Oct 2005

Using Suppression Hearing Testimony To Prove Good Faith Under United States V. Leon, John E. Taylor

Law Faculty Scholarship

No abstract provided.


Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz Jan 1998

Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.


Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle Jan 1983

Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.