Law Commons^™

Improving The Reliability Of Criminal Trials Through Legal Rules That Encourage Defendants To Testify, Jeffrey Bellin

Faculty Publications

Reflecting a traditional bias against defendants' trial testimony, the modern American criminal justice system, which now recognizes a constitutional right to testify at trial, unabashedly encourages defendants to waive that right and remain silent. As a result, a large percentage of criminal defendants decline to testify, forcing juries to decide the question of the defendant's guilt without ever hearing from the person most knowledgeable on the subject.

This Article contends that the inflated percentage of silent defendants in the American criminal trial system is a needless, self-inflected wound, neither required by the Constitution nor beneficial to the search for truth. …

Exculpatory Evidence, Ethics, And The Road To The Disbarment Of Mike Nifong: The Critical Importance Of Full Open-File Discovery, Robert P. Mosteller

Faculty Publications

No abstract provided.

Pretrial Discovery Of Expert Testimony, Paul C. Giannelli

Faculty Publications

No abstract provided.

Nontestimonial Identification Orders For Dna Testing, Paul C. Giannelli

Faculty Publications

No abstract provided.

An Uncertain Privilege: Implied Waiver And The Eviseration Of The Psychotherapist Patient Privilege In The Feral Courts, Deirdre M. Smith

Faculty Publications

Twelve years ago in Jaffee v. Redmond, 518 U.S. 1 (1996), the United States Supreme Court first recognized a federal common law psychotherapist-patient privilege and held that federal courts must protect confidential communications arising in psychotherapy despite the "likely evidentiary benefit" of such communications. This article examines the sharply conflicting authority in the federal courts that has developed since that landmark decision on the question of whether a plaintiff to a civil lawsuit waives the psychotherapist-patient privilege merely by seeking emotional distress damages. The federal courts' inconsistent and unprincipled approaches to this question renders the privilege itself nearly illusory and …

Confrontation As Constitutional Criminal Procedure: Crawford'S Birth Did Not Require That Roberts Had To Die, Robert P. Mosteller

Faculty Publications

No abstract provided.

Police Deception Before Miranda Warnings: The Case For Per Se Prohibition Of An Entirely Unjustified Practice At The Most Critical Moment, Robert P. Mosteller

Faculty Publications

No abstract provided.

Softening Of The Formality And Formalism Of The "Testimonial" Statement Concept, Robert P. Mosteller

Faculty Publications

No abstract provided.

Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller

Faculty Publications

No abstract provided.

Brady And Jailhouse Snitches, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To "Do Justice", Robert P. Mosteller

Faculty Publications

No abstract provided.

Daubert Challenges To Firearms (“Ballistics”) Identifications, Paul C. Giannelli

Faculty Publications

No abstract provided.

Davis V. Washington And Hammon V. Indiana: Beating Expectations, Robert P. Mosteller

Faculty Publications

No abstract provided.

Evidence History, The New Trace Evidence, And Rumblings In The Future Of Proof, Robert P. Mosteller

Faculty Publications

No abstract provided.

Detector Dogs And Probable Cause, Richard E. Myers Ii

Faculty Publications

No abstract provided.

Using Graphics To Teach Evidence, Kevin C. Mcmunigal

Faculty Publications

As an Assistant United States Attorney in the general crimes unit of a metropolitan United States Attorney's Office, I regularly tried a variety of cases ranging from bank robberies and drug offenses to white collar crimes. Regardless of the type of crime, I frequently found various types of graphics useful in presenting the case. Examples included a chart providing a point by point comparison of modus operandi in two armed bank robberies and a map of the scene of a controlled purchase of cocaine showing the locations and movements of multiple defendants, an informant, and federal agents. Such graphics helped …

Daubert Challenges To Fingerprints, Paul C. Giannelli

Faculty Publications

No abstract provided.

Testimonial And The Formalistic Definition -- The Case For An "Accusatorial" Fix, Robert P. Mosteller

Faculty Publications

No abstract provided.

Crawford V. Washington: Encouraging And Ensuring The Confrontation Of Witnesses, Robert P. Mosteller

Faculty Publications

No abstract provided.

Crawford's Impact On Hearsay Statements In Domestic Violence And Child Sexual Abuse Cases, Robert P. Mosteller

Faculty Publications

No abstract provided.

Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Paul Marcus, Vicki Waye

Faculty Publications

At first glance the criminal justice systems of Australia and the United States look strikingly similar. With common law roots from England, they both emphasize the adversary system, the roleof the advocate, the presumption of innocence, and an appeals process. Upon closer reflection,however, they appear starkly different. From both Australian and U.S. perspectives, the authorsexplore those differences, examining important features such as the exclusion of evidence, rules regarding interrogation, the entrapment defense, and the open nature of trials. The Article concludes with an analysis of the reasons for those differences, reasons that heavily relate back to the founding of the …

Admissibility Of Fruits Of Breached Evidentiary Privileges: The Importance Of Adversarial Fairness, Party Culpability, And Fear Of Immunity, Robert P. Mosteller

Faculty Publications

No abstract provided.

Forfeiture By Wrongdoing And Those Who Acquiesce In Witness Intimidation: A Reach Exceeding Its Grasp And Other Problems With Federal Rule Of Evidence 804(B)(6), James F. Flanagan

Faculty Publications

This article is the first comprehensive and critical analysis of the new exception to the hearsay rule that permits prosecutors to admit hearsay statements of absent witnesses when the defendant causes their unavailability at trial. The article develops the problems with the rule's overbroad language, its potential to admit unreliable hearsay and its relationship to the Confrontation Clause. These issues are of increasing interest to lawyers, judges and justices now that it is a federal rule and been adopted by ten states.

The first section is a comprehensive statement of the rule as now applied. The exception is traced from …

Victim Impact Evidence: Hard To Find The Real Rules, Robert P. Mosteller

Faculty Publications

No abstract provided.

The Maturation And Disintegration Of The Hearsay Exception For Statements For Medical Examination In Child Sexual Abuse Cases, Robert P. Mosteller

Faculty Publications

No abstract provided.

Cowboy Prosecutors And Subpoenas For Incriminating Evidence: The Consequences And Correction Of Excess, Robert P. Mosteller

Faculty Publications

No abstract provided.

Character Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

“Other Acts” Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

Scientific Evidence In Civil And Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.

Expert Qualifications: Traps For The Unwary, Paul C. Giannelli

Faculty Publications

No abstract provided.