Law Commons^™

Evidence, William H. Agnor

Mercer Law Review

No abstract provided.

Compulsory Process Ii, Peter Westen

Michigan Law Review

This Article examines the validity of the conventional wisdom. It draws support for its analysis from the constitutional principles of compulsory process, and, in their absence, from related doctrine in the areas of a defendant's right to confront witnesses against him and his right to a fair trial. Part I of the article defines the constitutional standard that governs the simple case of a nonindigent defendant who makes a timely application to produce a witness from within the territory of the jurisdiction. Parts II through IV, in turn, examine that standard in the light of complicating factors such as the …

Liquidated Damages As Prima Facie Evidence, James Patrick Fenton

Indiana Law Journal

No abstract provided.

Evidence—Credibility Impeachment And The Drug-Using Witness—State V. Renneberg, 83 Wn. 2d 735, 522 P.2d 835 (1974), Randall A. Peterman

Washington Law Review

In chambers before the grand larceny trial of Milton and Virginia LaVanway, the court apparently ruled that testimony about the defendants' prior drug use' was inadmissible in the state's case. When the defendants subsequently testified to their good character, however, the trial court admitted such evidence for purposes of impeachment. On appeal of their convictions defendants challenged the admission of the evidence. The Washington Supreme Court affirmed the convictions, holding that once a defendant's character has been placed in issue, evidence of drug use is admissible to attack his or her character on cross-examination. The plurality opinion also stated in …

Constitutional Restraints On The Exclusion Of Evidence In The Defendant's Favor: The Implications Of Davis V. Alaska, Michigan Law Review

Michigan Law Review

This Note, first, examines the Davis methodology for determining whether a foreclosed line of cross-examination warrants protection by the confrontation clause, and suggests a test employable by reviewing courts for making that determination. Then, the Note sketches the contours of the clash, prefigured by Davis, between the right of confrontation and the limitations on cross-examination that result from both the assertion of testimonial privileges and trial court relevance rulings.

The Federal Rules Of Evidence And Florida Evidence Law Compared, David K. Miller

Florida State University Law Review

No abstract provided.

Symposium: The Use Of Videotape In The Courtroom, Tom C. Clark

BYU Law Review

No abstract provided.

The Effects Of Videotape Testimony In Jury Trials: Studies On Juror Decision Making, Information Retention, And Emotional Arousal, Gerald R. Miller, David C. Bender, Frank Boster, B. Thomas Florence, Norman Fontes, John Hocking, Henry Nicholson

BYU Law Review

Summary of Contents

I. Introduction: The Nature of the Research

II. Group I : The Nugent u. Clark Studies

A. Background

1. Selecting the stimulus trial

2. Editing the transcript

3. Preparing the trial

a. Casting

b. Equipment

B. Nugent u. Clark Study

1 : live v. videotape trials 1. Questions examined

2. Procedures

a. The live presentation

b. The videotape presentation

c. The questionnaire

3. Results and discussion

a. Negligence verdicts and mean awards

b. Juror perception of attorney credibility

c. Juror information retention

d. Juror interest and motivation

4. Conclusions from Study 1

C. Nugent u. Clark Study …

Evidence Of Indictment Is Admissible To Show Motive, Bias Or Interest Of A Witness Not A Party To The Prosecution., Jess C. Rickman

St. Mary's Law Journal

Abstract Forthcoming.

An Assessment Of Videotape In The Criminal Courts, Ernest H. Short, B. Thomas Florence, Mary Alice Marsh

BYU Law Review

Summary of Contents

I. Introduction

A. A brief history of television and videotape in the justice system

B. Recent studies of videotape technology in the justice system

C. Overview of the goals and methodology of the present study

II. The Videotape System

A. The recording environment

1. Lighting

2. Spatial arrangement

3. Participant mobility

4. Acoustics

5. Electrical power

B. Production techniques

1. Video source location

2. Audio source location

3. Picture composition

a. Zooms

b. Varying video sources

c. Special effects

C. Alternative equipment combinations

1. System 1 : the single camera

2. System 2: the single camera with …

Due Process And Lay Judges, Julian T. Pierce

North Carolina Central Law Review

No abstract provided.

Olds V. State, 302 So. 2d 787 (Fla. 4th Dist. Ct. App. 1974), Henry E. Davis

Florida State University Law Review

Evidence- ATTORNEY-CLIENT PRIVILEGE- PUBLIC DEFENDER NOT AUTOMATICALLY DISQUALIFIED BY ATTORNEY-CLIENT PRIVILEGE FROM EXAMINING WITNESS WHO NEGOTIATES PLEA AND TESTIFIES AGAINST FORMER CODEFENDANT.

The Admissibility Of Social Science Evidence In Person-Oriented Legal Adjudication, Ira P. Robbins

Indiana Law Journal

No abstract provided.

Criminal Procedure--Discovery--Movement Toward Full Disclosure, Richard B. Pyles

West Virginia Law Review

No abstract provided.

Evidence Admissible During The Punishment Stage Of A Criminal Trial., Joseph F. Smith

St. Mary's Law Journal

Abstract Forthcoming.

V. Evidence

Washington and Lee Law Review

No abstract provided.

Cases And Materials On Evidence, Charles W. Joiner

Florida State University Law Review

By Mason Ladd and Ronald L. Carlson. Chicago, Ill.: Callaghan & Co. 1972. Pp. xii, 1375. $18.50.

Expanding Defendant's Discovery: The Jencks Act At Pretrial Hearings, David B. Olney

Buffalo Law Review

No abstract provided.

A Practitioner's Guide To The Federal Rules Of Evidence

University of Richmond Law Review

On July 1, 1975, the Federal Rules of Evidence went into effect. President Ford's signature on Public Law 93-595 was the culmination of nearly twenty years of study, drafting, and debate. Obviously the decision to codify federal evidence law was not lightly made, but the desire for uniformity ultimately made the Rules possible. As with all major legislation, compromise was necessary and certain areas of the law were left untouched. Criminal presumptions represent one such area. In other areas, such as privilege, only minimal codification was possible. The final result is a good set of rules, but one which might …

Evidence-Defendant's Confession Following Confrontation With Illegally Seized Evidence Not Excluded Where Independent Motive Induced The Confession

University of Richmond Law Review

The "fruit of the poisonous tree" doctrine is a refinement of the exclusionary rule of evidence. This rule prevents the admission of secondary evidence (the fruit) discovered or derived from evidence obtained in an unlawful search (the poisonous tree). In this area of search and seizure, courts have excluded confessions made after the accused has been confronted with illegally seized evidence, once it was shown that the confes- sion was caused or induced by the confrontation.

The Voiceprint Dilemma: Should Voices, Be Seen And Not Heard?

Maryland Law Review

No abstract provided.

The Prosecution At A Lohss: Time For Statutory Revision

Maryland Law Review

No abstract provided.

Kentucky Law Survey: Evidence, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

Substantive Use Of Prior Inconsistent Statements Under The Federal Rules Of Evidence, Walker Jameson Blakey

Kentucky Law Journal

No abstract provided.

Pretrial Discovery Of Government Informers In Federal Narcotics Cases: A Defense Tool, 9 J. Marshall J. Prac. & Proc. 221 (1975), Richard F. Walsh

UIC Law Review

No abstract provided.

Res Gestae And The Excited Utterance: An Explanation Of The Kentucky Approach, Henry L. Stephens

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Evidence, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

The Psychological Stress Evaluator: Yesterday's Dream - Tomorrow's Nightmare, Deborah Lewis Hiller

Cleveland State Law Review

This note will examine the manner in which the Psychological Stress Evaluator functions and explore the legal implications stemming from its use as a lie detector. More specifically, three issues which arise in connection with the use of the PSE will be discussed: first, the validity and reliability of the PSE; second, the admissibility of PSE test results in evidence; and third, the potential remedies for subjects of PSE tests who have occasion to object.

Juvenile Delinquency Proceedings In Ohio: Due Process And The Hearsay Dilemma, Sara E. Strattan

Cleveland State Law Review

This comment will explore the extent to which the exclusion of hearsay evidence in a delinquency proceeding is a practical reality in the Ohio system. In so doing, the possibilities for abuse will be highlighted and suggestions for their elimination will be made, all in the spirit of the Supreme Court's mandate to provide fundamental due process safeguards to this procedure.

The Effects Of Tucker On The Fruits Of Illegally Obtained Statements, Jeffery P. Reinhard

Cleveland State Law Review

Although the Court has been careful to point out that illegally obtained statements are not admissible in the prosecution's case in chief, Michigan v. Tucker has done much to erode even that principle. In Tucker, the Court found admissible the testimony of a witness whose identity was learned solely on the basis of a statement obtained from the defendant in violation of the guidelines set forth in Miranda. Despite the Court's statement that it was significant that the interrogation preceded Miranda, and notwithstanding its reiteration of the principle that the defendant's statements would not have been admissible in the prosecution's …