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Full-Text Articles in Law

The New Criminal Discovery Code In Oklahoma: A Two Way Street In The Wrong Direction, Rodney J. Uphoff Oct 1991

The New Criminal Discovery Code In Oklahoma: A Two Way Street In The Wrong Direction, Rodney J. Uphoff

Faculty Publications

This article first examines criminal discovery in Oklahoma prior to the Allen decision. Next, section II of the article explores Allen and the court’s justifications for creating a reciprocal discovery system. The article reviews the Allen procedures and similar pre-trial discovery provisions contained in the American Bar Association’s Standards for Criminal Justice and questions whether Allen’s new discovery system will achieve the desired results. Section II also focuses on the constitutionality of the defendant’s disclosure obligations and the adverse effects of mandating such disclosures on the adversary system. Finally, section III of the article proposes an alternative discovery code based …


Rules Of Evidence Amendments, Paul C. Giannelli Jan 1991

Rules Of Evidence Amendments, Paul C. Giannelli

Faculty Publications

No abstract provided.


Best Evidence Rule, Paul C. Giannelli Jan 1991

Best Evidence Rule, Paul C. Giannelli

Faculty Publications

No abstract provided.


Hear No Evil, See No Evil: On Professor Nesson's Claims About Evidence Suppression, Dale A. Nance Jan 1991

Hear No Evil, See No Evil: On Professor Nesson's Claims About Evidence Suppression, Dale A. Nance

Faculty Publications

Response to Professor Nesson's presentaiton at the Decision and Interference Litigation symposium, New York, New York, 1991.


Missing Evidence, Dale A. Nance Jan 1991

Missing Evidence, Dale A. Nance

Faculty Publications

Given the nature of my enterprise, I resist stating a specific thesis. Nevertheless, for the reader who wants an organizing or motivating principle, I offer the following two recurrent themes. First, I want to examine the relationship of traditional admissibility rules to the problem of missing evidence and to other forms of juridical response to that problem. The reason for this interest will be explained in the next section. Second, I want to investigate, as we proceed, the extent to which the regulation of proof, evidence law broadly conceived, is instrumentally related to accuracy or truth seeking, and the extent …


Authentication, Paul C. Giannelli Jan 1991

Authentication, Paul C. Giannelli

Faculty Publications

No abstract provided.


Dna Evidence, Paul C. Giannelli Jan 1991

Dna Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Gunshot Residue Tests, Paul C. Giannelli Jan 1991

Gunshot Residue Tests, Paul C. Giannelli

Faculty Publications

No abstract provided.