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- Evidence (6)
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Articles 31 - 49 of 49
Full-Text Articles in Law
Should Tennessee Bury The Dead Man Statute As Arkansas Has, W. Dent Gitchel
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
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
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
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
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
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
The Rationale Of Personal Admissions, Roger C. Park
Faculty Scholarship
No abstract provided.
The Best Evidence Principle, Dale A. Nance
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
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
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
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
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
Don't Be Cowed By Scientific Evidence: A Pretrial Primer For Prosecutors And Defense Attorneys, F. Thomas Schornhorst
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
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
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
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.
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
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 …