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Full-Text Articles in Law

The (Mis)Application Of Rule 404(B) Heuristics, Dora W. Klein Apr 2018

The (Mis)Application Of Rule 404(B) Heuristics, Dora W. Klein

University of Miami Law Review

In all of the federal circuit courts of appeals, application of Rule 404(b) of the Federal Rules of Evidence has been distorted by judicially-created “tests” that, while intended to assist trial courts in properly admitting or excluding evidence, do not actually test for the kind of evidence prohibited by this rule. Rule 404(b) prohibits evidence of “crimes, wrongs, or other acts” if the purpose for admitting the evidence is to prove action in accordance with a character trait. This evidence is commonly referred to as “propensity” evidence, or “once a drug dealer, always a drug dealer” evidence.

This ...


Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein Jan 2013

Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein

Articles

In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending ...


Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack Jan 2010

Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack

Articles

No abstract provided.


How To Deal With Laboratory Reports Under Crawford V. Washington: A Question With No Good Answer, Cyrus P.W. Rieck Apr 2008

How To Deal With Laboratory Reports Under Crawford V. Washington: A Question With No Good Answer, Cyrus P.W. Rieck

University of Miami Law Review

No abstract provided.


Proving Causation: The Holism Of Warrant And The Atomism Of Daubert, Susan Haack Jan 2008

Proving Causation: The Holism Of Warrant And The Atomism Of Daubert, Susan Haack

Articles

No abstract provided.


Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack Jan 2004

Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack

Articles

No abstract provided.


Trials And Tribulations: Science In The Law, Susan Haack Jan 2003

Trials And Tribulations: Science In The Law, Susan Haack

Articles

No abstract provided.


The Florida Supreme Court Vs. The United States Supreme Court: The Florida Decision In Conner V. State And The Federal Interpretation Of Confrontation And Federal Rule Of Evidence 807, Stacey Schulman Jul 2001

The Florida Supreme Court Vs. The United States Supreme Court: The Florida Decision In Conner V. State And The Federal Interpretation Of Confrontation And Federal Rule Of Evidence 807, Stacey Schulman

University of Miami Law Review

No abstract provided.


Reply To Professor Ehrhardt, Michael D. Sanger Jul 2001

Reply To Professor Ehrhardt, Michael D. Sanger

University of Miami Law Review

No abstract provided.


Statements Of Bystanders To Police Officers Containing An Accusation Of Criminal Conduct Offered To Explain Subsequent Police Conduct, Joëlle Hervic Jul 2001

Statements Of Bystanders To Police Officers Containing An Accusation Of Criminal Conduct Offered To Explain Subsequent Police Conduct, Joëlle Hervic

University of Miami Law Review

No abstract provided.


Out-Of-Court Accusations Offered For "Background": A Measured Response From The Federal Courts, Professor Daniel J. Capra Jul 2001

Out-Of-Court Accusations Offered For "Background": A Measured Response From The Federal Courts, Professor Daniel J. Capra

University of Miami Law Review

No abstract provided.


A Reply To Professor Capra, Joëlle Harvic Jul 2001

A Reply To Professor Capra, Joëlle Harvic

University of Miami Law Review

No abstract provided.


Has Florida Won Or Lost The Battle By Eliminating Section 90.803(4) As An Alternative Tool In Prosecuting Child Sexual Abuse?, Celina E. Contreras Jul 2001

Has Florida Won Or Lost The Battle By Eliminating Section 90.803(4) As An Alternative Tool In Prosecuting Child Sexual Abuse?, Celina E. Contreras

University of Miami Law Review

No abstract provided.


Throwing The Baby Out With The Bathwater: Why Child Sexual Abuse Accommodation Syndrome Should Be Allowed As A Rehabilitative Tool In The Florida Courts, Michael D. Stanger Jul 2001

Throwing The Baby Out With The Bathwater: Why Child Sexual Abuse Accommodation Syndrome Should Be Allowed As A Rehabilitative Tool In The Florida Courts, Michael D. Stanger

University of Miami Law Review

No abstract provided.


When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Professor Charles W. Ehrhardt Jul 2001

When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Professor Charles W. Ehrhardt

University of Miami Law Review

No abstract provided.


Response, Celina E. Contreras Jul 2001

Response, Celina E. Contreras

University of Miami Law Review

No abstract provided.


Beneficial Or Not: Adoption Of Federal Rule 26 Into Florida Rules Of Civil Procedure, Trenna S. Parker Jan 2001

Beneficial Or Not: Adoption Of Federal Rule 26 Into Florida Rules Of Civil Procedure, Trenna S. Parker

University of Miami Business Law Review

No abstract provided.


United States V. Salerno: An Examination Of Rule 804(B)(1), Judith M. Mercier Nov 1993

United States V. Salerno: An Examination Of Rule 804(B)(1), Judith M. Mercier

University of Miami Law Review

No abstract provided.


Inadequate Interpreting Services In Courts And The Rules Of Admissibility Of Testimony On Extrajudicial Interpretations, Beth G. Lindie Nov 1993

Inadequate Interpreting Services In Courts And The Rules Of Admissibility Of Testimony On Extrajudicial Interpretations, Beth G. Lindie

University of Miami Law Review

No abstract provided.


The Meaning Of "Bad Faith" Under The Exceptions To The Hearsay Rule, Peter F. Valori Nov 1993

The Meaning Of "Bad Faith" Under The Exceptions To The Hearsay Rule, Peter F. Valori

University of Miami Law Review

No abstract provided.


Admitting Confessions Of Codefendants: Has Lee V. Illinois Created An Additional Hearsay Exception?, Christine Noworyta Nov 1993

Admitting Confessions Of Codefendants: Has Lee V. Illinois Created An Additional Hearsay Exception?, Christine Noworyta

University of Miami Law Review

No abstract provided.


The Worst Evidence Principle: The Best Hypothesis As To The Logical Structure Of Evidence Law, Edward J. Imwinkelried May 1992

The Worst Evidence Principle: The Best Hypothesis As To The Logical Structure Of Evidence Law, Edward J. Imwinkelried

University of Miami Law Review

No abstract provided.


Idaho V. Wright: The Defenestration Of Corroborating Evidence, John Clairborne Koski Sep 1991

Idaho V. Wright: The Defenestration Of Corroborating Evidence, John Clairborne Koski

University of Miami Law Review

No abstract provided.


Obtaining Evidence In France For Use In The United States, Elena Del Valle Jan 1991

Obtaining Evidence In France For Use In The United States, Elena Del Valle

University of Miami International and Comparative Law Review

No abstract provided.


Refocusing The New Evidence Scholarship : A Comment On Robert S. Thompson's "Decision, Disciplined Inferences And The Adversary Process", Terence J. Anderson Jan 1991

Refocusing The New Evidence Scholarship : A Comment On Robert S. Thompson's "Decision, Disciplined Inferences And The Adversary Process", Terence J. Anderson

Articles

No abstract provided.


Obtaining Evidence For International Litigation In American Courts, Jay L. Westbrook Oct 1979

Obtaining Evidence For International Litigation In American Courts, Jay L. Westbrook

University of Miami Inter-American Law Review

No abstract provided.


Evidence -- Jury Comparison Of Handwriting Without Aid Of Experts, Richard S. Masington May 1960

Evidence -- Jury Comparison Of Handwriting Without Aid Of Experts, Richard S. Masington

University of Miami Law Review

No abstract provided.


The Opinion Rule And Wittgenstein's Tractatus, Ralph Slovenko Oct 1959

The Opinion Rule And Wittgenstein's Tractatus, Ralph Slovenko

University of Miami Law Review

No abstract provided.