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Articles 31 - 48 of 48
Full-Text Articles in Law
The Wire As A Gap-Filling Class On Criminal Law And Procedure, Adam M. Gershowitz
The Wire As A Gap-Filling Class On Criminal Law And Procedure, Adam M. Gershowitz
Journal of Legal Education
No abstract provided.
A Trail To Modernity: Observations On The New Developments Of China's Evidence Legislation Movement In A Global Context, Jia Li, Zhuhao Wang
A Trail To Modernity: Observations On The New Developments Of China's Evidence Legislation Movement In A Global Context, Jia Li, Zhuhao Wang
Indiana Journal of Global Legal Studies
China, like most other civil law countries, does not have a discrete evidence code. Rather, Chinese evidence rules are currently scattered among various procedural codes. Since the beginning of the twenty-first century, Chinese scholars and practitioners have advocated for specialized evidence legislation. As part of this movement, China issued numerous judicial interpretations of evidence law, amendments to existing procedural law, and experimental drafts of evidence statutes. For example, new amendments to the Civil Procedure Law and to the Criminal Procedure Law became effective on January 1, 2013. More recently, the Supreme People's Court led the efforts to create two experimental …
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Supreme Court, Bronx County, People V. Buari, Matthew Moisan
Supreme Court, Bronx County, People V. Buari, Matthew Moisan
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Moore, Gennaro Savastano
Court Of Appeals Of New York, People V. Moore, Gennaro Savastano
Touro Law Review
No abstract provided.
State V. Pierce: Refining The Standard For The Admission Of Polygraph Evidence, Anton L. Jackson
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 …
"To Corral And Control The Ghetto": Stop, Frisk, And The Geography Of Freedom, Anders Walker
"To Corral And Control The Ghetto": Stop, Frisk, And The Geography Of Freedom, Anders Walker
University of Richmond Law Review
While criminal law scholar Michelle Alexander has shown that stop and frisks often serve as the gateway into the criminal justice system for young men of color, she occludes the complex forces that led to their rise." This article seeks to identify those forces, relating the rise of stop and frisk rules to liberal politics, Cold War concerns, and spatial dynamics. To illustrate, this article will proceed in three parts. Part I will demonstrate how Mapp v. Ohio coincided with judicial frustration at police intrusions into private, intimate space-including private thought-precisely at a time when the United States sought to …
Federal Rules Of Evidence 413, 414, And 415: Fifteen Years Of Hindsight And Where The Law Should Go From Here, Bryan C. Hathorn
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
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 corpus constituted the proper mechanism …
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
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 …
Back To Blood: The Sociopolitics And Law Of Compulsory Dna Testing Of Refugees, Edward S. Dove
Back To Blood: The Sociopolitics And Law Of Compulsory Dna Testing Of Refugees, Edward S. Dove
University of Massachusetts Law Review
Since October 2012, certain family members of refugees seeking reunification through the United States Refugee Admissions Priority Three program must undergo DNA testing to prove they are genetically related. The putative purposes of the policy include fraud prevention, enhanced national security, and greater efficiency in refugee claims processing. Upon close inspection, however, the new policy generates significant sociopolitical and legal concerns. The notion of what constitutes a family is significantly narrowed. Required DNA testing may violate domestic laws and international human rights instruments regarding voluntary informed consent, privacy, and anti-discrimination. Traditional legal solutions insufficiently remedy these concerns and cannot prevent …
Social Networking And Student Safety: Balancing Student First Amendment Rights And Disciplining Threatening Speech, John L. Hughes Iii
Social Networking And Student Safety: Balancing Student First Amendment Rights And Disciplining Threatening Speech, John L. Hughes Iii
University of Massachusetts Law Review
As the use of social media increases and becomes an integral part of nearly every student's life, problems arise when student expression on these sites turns into threats against the school or other students, implicating both student safety and the speaker's right to free speech. Facing a lack of Supreme Court precedent, school officials need guidance on whether and how to take action when a student makes threats on social network - how to prevent any danger at school while respecting the student's right to free speech. This note develops an approach that combines the Supreme Court's Watts "true threat" …
The Discoverability Of E-Mails: The Smoking Gun Of The Modern Era, Michael J. Martin
The Discoverability Of E-Mails: The Smoking Gun Of The Modern Era, Michael J. Martin
University of Massachusetts Law Review
The discoverability of e-mails is an area of law that every modern day lawyer must be familiar with in order to avoid the risk of being sanctioned. Over the past years, courts have awarded sanctions to moving parties at a steadily increasing pace. These sanctions have included adverse jury instructions, default judgements, attorney's fees, large monetary fines, and in one instance, a jail sentence. Courts have sent the message that improper conduct will not be tolerated in this developing area of law by not hesitating to order sanctions. Thus, it is essential that modern day lawyers become acquainted with the …
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
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
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.
Redesigning The Science Court, Justin Sevier
Redesigning The Science Court, Justin Sevier
Maryland Law Review
No abstract provided.
The Exclusionary Rule As A Symbol Of The Rule Of Law, Jenia I. Turner
The Exclusionary Rule As A Symbol Of The Rule Of Law, Jenia I. Turner
SMU Law Review
Throughout South America, Southern and Eastern Europe, and East Asia, more than two dozen countries have transitioned to democracy since the 1980s. A remarkable number of these have adopted an exclusionary rule (mandating that evidence obtained unlawfully by the government is generally inadmissible in criminal trials) as part of broader legal reforms. Democratizing countries have adopted exclusionary rules even though they are not required to do so by any international treaty and there is no indication that there is widespread popular demand for such rules. This has occurred at a time when the rule has been weakened in the United …