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University of Tennessee, Knoxville

Evidence

Articles 1 - 7 of 7

Full-Text Articles in Law

State V. Pierce: Refining The Standard For The Admission Of Polygraph Evidence, Anton L. Jackson May 2014

State V. Pierce: Refining The Standard For The Admission Of Polygraph Evidence, Anton L. Jackson

Tennessee Journal of Law and Policy

Although the inadmissibility of polygraph evidence in the course of a criminal trial has been well-established law in Tennessee for almost fifty years, the quandary presented itself two years ago in State v. Pierce.' This case forced the Tennessee Supreme Court to balance the need to protect state citizens against sexual predators with the wellestablished rules of evidence which hold that "polygraph evidence is inherently unreliable, and therefore irrelevant and inadmissible. ' In Pierce, the issue before the court was whether polygraph test results, which were performed as part of a sex offender risk assessment and encouraged by leading psychosexual analysts ...


Federal Rules Of Evidence 413, 414, And 415: Fifteen Years Of Hindsight And Where The Law Should Go From Here, Bryan C. Hathorn Apr 2014

Federal Rules Of Evidence 413, 414, And 415: Fifteen Years Of Hindsight And Where The Law Should Go From Here, Bryan C. Hathorn

Tennessee Journal of Law and Policy

In 1995, Congress added three rules, which governed the admissibility of "prior sexual misconduct" in federal trials, to the Federal Rules of Evidence. The procedure by which Congress added the rules was outside of the normal procedure for the creation of federal rules, it was highly controversial, and it was done over the objections of the judicial conference. The controversy surrounding the rules produced a flurry of scholarship on the rules, which continued for about five years. After this initial period, the storm quieted with a reduced amount of scholarship on the subject. It is now fifteen years since the ...


Post-Conviction Access To A State's Forensic Dna Evidence For Probative Testing: Not A Freestanding Constitutional Right, Dorothea Thompson Apr 2014

Post-Conviction Access To A State's Forensic Dna Evidence For Probative Testing: Not A Freestanding Constitutional Right, Dorothea Thompson

Tennessee Journal of Law and Policy

In District Attorney's Office v. Osborne, the United States Supreme Court addressed the central issue of whether Respondent William Osborne should have a "freestanding and far-reaching constitutional right of access" to the State's deoxyribonucleic acid ("DNA") evidence for the purpose of post-conviction relief. Osborne asserted this constitutional right of access under the federal civil rights statute, 42 U.S.C. § 1983, rather than proceeding through a writ of habeas corpus under 28 U.S.C. § 2254. The United States District Court for the District of Alaska initially dismissed the respondent's claims, holding that an application for habeas ...


Transcript: One Advocate's 'Junk Science' Is Another Advocate's Evidence: Forging New Paths In Forensic Science Apr 2014

Transcript: One Advocate's 'Junk Science' Is Another Advocate's Evidence: Forging New Paths In Forensic Science

Tennessee Journal of Law and Policy

No abstract provided.


A Short Primer On The Admissibility Of Forensic Science Evidence In Tennessee: A Checklist, Bernard A. Raum Apr 2014

A Short Primer On The Admissibility Of Forensic Science Evidence In Tennessee: A Checklist, Bernard A. Raum

Tennessee Journal of Law and Policy

For decades, aircraft pilots have been using preflight and approach-to-landing checklists rather than relying on their memory to ensure that everything has been done in its proper sequence. The use of this tool gives pilots the ability to fly their aircrafts safely and according to an established procedure. Similarly, most trial attorneys employ witness checklists during the in-court examination of their witnesses to ensure that all of the witnesses' evidence has been fully presented and their exhibits have been properly marked and received in evidence. It is the intent of this presentation to suggest the use of another evidentiary checklist ...


On The Admissibility Of Expert Testimony On Eyewitness Identification: A Legal And Scientific Evaluation, Tanja Rapus Benton, Stephanie A. Mcdonnell, Neil Thomas, David F. Ross, Nicholas Honerkamp Mar 2014

On The Admissibility Of Expert Testimony On Eyewitness Identification: A Legal And Scientific Evaluation, Tanja Rapus Benton, Stephanie A. Mcdonnell, Neil Thomas, David F. Ross, Nicholas Honerkamp

Tennessee Journal of Law and Policy

This article is a state-by-state and circuit-by-circuit analysis of judicial decisions on the admissibility of expert testimony on eyewitness identification problems. The basis for the admission of expert testimony is analyzed, and then the rationale used in those decisions is considered with regard to the current data from psychological studies. This article also addresses the apparent disregard of social science research by the judicial system.


Policy Changes Needed In The Federal Rules Of Evidence, Donald Paine Feb 2014

Policy Changes Needed In The Federal Rules Of Evidence, Donald Paine

Tennessee Journal of Law and Policy

Let's start with how federal sausage is made. Recently, I read that the chief policymaking body supervising rule drafting has 26 federal judges and no practicing lawyers. None. The committees voting on revisions have few practitioners and many judges, professors, and government employees. The legal geniuses in Congress made significant revisions in the evidence package sent over from the Court in 1972, delaying the effective date until January 2, 1975. It's little wonder that the Federal Rules of Evidence need changing. Here are some suggestions.