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Evidence

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Articles 1 - 8 of 8

Full-Text Articles in Law

What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone Sep 2019

What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone

Linda A. Malone

No abstract provided.

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Scientific Evidence - An Introduction, Fredric I. Lederer Sep 2019

Scientific Evidence - An Introduction, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

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Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer Sep 2019

Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

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Legal Burdens Of Proof Under U.S. Law, Tsion Chudnovsky Feb 2019

Legal Burdens Of Proof Under U.S. Law, Tsion Chudnovsky

Tsion Chudnovsky, JD

US laws defines that the legal burden of proof standard becomes more strict as potential consequences become higher. So for criminal matters, since they include the possible loss of freedom, the strictest standard applies: Beyond a reasonable doubt.

Defense has to merely illuminate a reasonable doubt about any of the required elements that have to be proven to prevail in a court trial. Criminal jury instructions require jurors unanimously find that the defendant is guilty with moral certainty. There can be no doubt amongst any jurors that the defendant is guilty.

This strict burden benefits the defendant. You can …

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The Hearsay Rule At Work: Has It Been Abolished De Facto By Judicial Decision, Eleanor Swift Dec 2015

The Hearsay Rule At Work: Has It Been Abolished De Facto By Judicial Decision, Eleanor Swift

Eleanor Swift

No abstract provided.

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Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett Oct 2015

Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett

John Ehrett

I evaluate the dimensions of courts’ current interpretive dilemma, and subsequently sketch a possible framework for extending traditional statutory interpretation principles into this new domain: throughout the following analysis, I describe the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and propose a normative way forward for those tasked with deriving meaning from emoji-laden communications.

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Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett Dec 2014

Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett

John Ehrett

This Essay evaluates the dimensions of courts’ current interpretive dilemma, and subsequently sketches a possible framework for extending traditional statutory interpretation principles into this new domain. Throughout the analysis, the Essay describes the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and proposes a normative way forward for those tasked with deriving meaning from emoji-laden communications.

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A Criminal Moment In Time, Bethel G.A Erastus-Obilo Jul 2011

A Criminal Moment In Time, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

Criminal law jurisprudence considers the concepts of motive, intent and the forbidden act integral to the justice process. Throughout the common law jurisdictions, this trio overshadows a central theme that is a precursor to all criminal acts – the idea of a social responsibility continuum or cognitive dependency. While motive is dispositional on a wider application, intent is situational and is a product of one’s socio-cultural experience. The forbidden act, though central to the process, constitutes ‘a faithful mirror of thought’ – the consummation of a deliberate and manipulated cognition. The nexus between the three subjects extends beyond the Cartesan …

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