Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Evidence

1988

Institution
Keyword
Publication
Publication Type

Articles 31 - 49 of 49

Full-Text Articles in Law

Should Tennessee Bury The Dead Man Statute As Arkansas Has, W. Dent Gitchel Jan 1988

Should Tennessee Bury The Dead Man Statute As Arkansas Has, W. Dent Gitchel

Faculty Scholarship

No abstract provided.


Annual Survey Of Virginia Law: Evidence, Charles E. Friend Jan 1988

Annual Survey Of Virginia Law: Evidence, Charles E. Friend

University of Richmond Law Review

In terms of evidence legislation, the most significant development of the past year may be what did not happen in Virginia. In late 1987 the Supreme Court of Virginia, following a long period of careful study, recommended against the adoption of a statutory code of evidence for Virginia. In announcing the court's conclusion, Chief Justice Carrico cited a passage from the 1987 Annual Survey of VirginiaLaw, which stated: "When it comes to the formulation of rules of evidence, the common-law system of judge-made rules, supplemented by a steady flow of case opinions from competent appellate courts, is far superior to …


The Admissibility Of Tape Recorded Evidence Produced By Private Individuals Under Title Iii Of The Omnibus Crime Control Act Of 1968 Jan 1988

The Admissibility Of Tape Recorded Evidence Produced By Private Individuals Under Title Iii Of The Omnibus Crime Control Act Of 1968

Washington and Lee Law Review

No abstract provided.


The Applicability Of Evidentiary Privileges For Confidential Communications Before Congress, 21 J. Marshall L. Rev. 309 (1988), Thomas Millet Jan 1988

The Applicability Of Evidentiary Privileges For Confidential Communications Before Congress, 21 J. Marshall L. Rev. 309 (1988), Thomas Millet

UIC Law Review

No abstract provided.


Breath Alcohol Machines: Evidence Foundation Requirements In Illinois, 22 J. Marshall L. Rev. 1 (1988), Gil Sapir, Mark Giangrande, Angela Peters Jan 1988

Breath Alcohol Machines: Evidence Foundation Requirements In Illinois, 22 J. Marshall L. Rev. 1 (1988), Gil Sapir, Mark Giangrande, Angela Peters

UIC Law Review

No abstract provided.


Confrontation In The Balance: The Protection Of Child Witnesses In West Virginia, Tamara J. Defazio Jan 1988

Confrontation In The Balance: The Protection Of Child Witnesses In West Virginia, Tamara J. Defazio

West Virginia Law Review

No abstract provided.


The Rationale Of Personal Admissions, Roger C. Park Jan 1988

The Rationale Of Personal Admissions, Roger C. Park

Faculty Scholarship

No abstract provided.


The Best Evidence Principle, Dale A. Nance Jan 1988

The Best Evidence Principle, Dale A. Nance

Faculty Publications

This Article challenges the premises underlying the reasoning in decisions like Gonzales-Benitez. The point is not that the appellants in that case should have prevailed, but simply that the court's treatment of their argument was inadequate. The court should have considered whether the trial court had and abused a discretion to deny admission of the testimony pursuant to a general best evidence principle. At the very least, the court should have justified its implicit assumption that the phrase ‘best evidence’ could only refer, in the context of this case, to the original document rule.


The Admissibility Of Laboratory Reports In Criminal Trials: The Reliability Of Scientific Proof, Paul C. Giannelli Jan 1988

The Admissibility Of Laboratory Reports In Criminal Trials: The Reliability Of Scientific Proof, Paul C. Giannelli

Faculty Publications

No abstract provided.


Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich Jan 1988

Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich

Touro Law Review

No abstract provided.


Proving The Defendant's Bad Character, Bennett L. Gershman Jan 1988

Proving The Defendant's Bad Character, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The classic study of the American jury shows that when a defendant's criminal record is known and the prosecution's case has weaknesses, the defendant's chances of acquittal are thirty-eight percent, compared to sixty-five percent otherwise. Because of the danger that jurors will assume that the defendant is guilty based on proof that his bad character predisposes him to an act of crime, the courts and legislatures have attempted to circumscribe the use of such evidence. Some prosecutors, however, although well aware of the insidious effect such prejudicial evidence can have on jurors, violate the rules of evidence, as well as …


The Doctrine Of Inevitable Discovery: A Plea For Reasonable Limitations, Steven P. Grossman Jan 1988

The Doctrine Of Inevitable Discovery: A Plea For Reasonable Limitations, Steven P. Grossman

All Faculty Scholarship

In reinstating the Iowa murder conviction of Robert Williams, the Supreme Court accepted explicitly for the first time the doctrine of inevitable discovery. Applied for some time by state and federal courts, the doctrine of inevitable discovery is a means by which evidence obtained illegally can still be admitted against defendants in criminal cases. Unfortunately, the Court chose to adopt the doctrine without any of the safeguards necessary to insure that the deterrent impact of the exclusionary rule would be preserved, and in a form that is subject to and almost invites abuse.

This article warns of the danger to …


Prior Inconsistent Statements, H. Patrick Furman Jan 1988

Prior Inconsistent Statements, H. Patrick Furman

Publications

No abstract provided.


Don't Be Cowed By Scientific Evidence: A Pretrial Primer For Prosecutors And Defense Attorneys, F. Thomas Schornhorst Jan 1988

Don't Be Cowed By Scientific Evidence: A Pretrial Primer For Prosecutors And Defense Attorneys, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.


Res Gestae, The Present Sense Impression Exception And Extrinsic Corroboration Under Federal Rules Of Evidence 803(1) And Its State Counterparts, William Gorman Passannante Jan 1988

Res Gestae, The Present Sense Impression Exception And Extrinsic Corroboration Under Federal Rules Of Evidence 803(1) And Its State Counterparts, William Gorman Passannante

Fordham Urban Law Journal

This Note presents an overview of the hearsay rule and its general historical development, as well as background on the history of the res gestae doctrine to provide a clearer understanding of the Federal Rules discussed. It examines the current analysis of the three Rule 803 hearsay exceptions, and compares the requirements of external corroboration of hearsay statements under each of Rules 803(1), (2) and (3) to illustrate some inconsistencies in the application of these rules. The author concludes that it is essential that a concise and historically consistent method of applying the present sense impression exception be used, and …


Evidence, Leonard L. Cavise Prof., Bradley J. Martin Jan 1988

Evidence, Leonard L. Cavise Prof., Bradley J. Martin

Loyola University Chicago Law Journal

No abstract provided.


Discovery In Complex Litigation: The Dilemma Faced By The Judiciary, Brian Havey Jan 1988

Discovery In Complex Litigation: The Dilemma Faced By The Judiciary, Brian Havey

Loyola University Chicago Law Journal

No abstract provided.


The Newsman's Confidential Source Privilege In Virginia, Phillip Randolph Roach Jr. Jan 1988

The Newsman's Confidential Source Privilege In Virginia, Phillip Randolph Roach Jr.

University of Richmond Law Review

The two hundredth anniversary celebration of the United States Constitution in 1987 provided an excellent opportunity to reflect upon how we now interpret the political doctrines that influenced the founding fathers in forming our government. At the time of the American Revolution, the basic tenets and freedoms that were written into the Declaration of Independence, and later incorporated into the Bill of Rights through the efforts of James Madison and George Mason of Virginia were considered essential human rights.


The Collision Between New Discovery Amendments And Expert Testimony Rules, Paul F. Rothstein Jan 1988

The Collision Between New Discovery Amendments And Expert Testimony Rules, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The young litigator's nightmare was always the same. He was in medieval Europe, ready to engage in a sword fight with the expert swordsman representing his arch rival. After countless hours of preparation, he felt confident that he would be able to hold his own against the swordsman. But when the swordsman drew his lengthy rapier from its sheath, the young attorney pulled only a short dagger from his scabbard. Realizing that he was doomed to defeat, he tossed his dagger into the air and ran from the scene with the laughter of the onlookers ringing in his ears.

The …