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Full-Text Articles in Law
Witness Impeachment: Its Art And Rationales, Jules Epstein
Witness Impeachment: Its Art And Rationales, Jules Epstein
Jules Epstein
No abstract provided.
Admitting The Accused’S Criminal History: The Trouble With Rule 404(B), Thomas J. Reed
Admitting The Accused’S Criminal History: The Trouble With Rule 404(B), Thomas J. Reed
Thomas J Reed
No abstract provided.
The Fall Of The Confession Era, Kenworthey Bilz
The Fall Of The Confession Era, Kenworthey Bilz
Kenworthey Bilz
This book review-essay of Solan & Tiersma’s SPEAKING OF CRIME argues that with the advent of new technologies such as improvements in DNA identification, fMRI ‘lie detector’ tests, and the like, courts will rely less and less on confessions altogether, rendering obsolete much of the doctrine that currently surrounds linguistic interpretation (and other markers) of consent and coercion.
Forensic Science: Grand Goals, Tragic Flaws, And Judicial Gatekeeping, Jane Campbell Moriarty
Forensic Science: Grand Goals, Tragic Flaws, And Judicial Gatekeeping, Jane Campbell Moriarty
Jane Campbell Moriarty
In the last decade, a number of scientists have published articles and testified in court, explaining the ways in which they believe that some of the forensic sciences do not meet reliability standards and that laboratories make errors. The explosion of exonerations resulting from DNA technology has raised questions about the accuracy of many forensic sciences and the quality of some laboratory testing. A substantial number of these defendants can point to erroneous forensic science as a contributing cause of their wrongful convictions. In the courts, increasingly, the parties have substantial and serious disagreements about the quality of forensic science. …
Overenforcement, Alex Stein, Richard A. Bierschbach
Overenforcement, Alex Stein, Richard A. Bierschbach
Alex Stein
Overenforcement of the law is widespread, but underinvestigated. Overenforcement occurs when the total sanction suffered by the violator of a legal rule exceeds the amount optimal for deterrence. Overenforcement sometimes generates overdeterrence that cannot be remedied through the adjustment of substantive liability standards or penalties ex ante. When that happens, the legal system can counteract the effects of overenforcement by adjusting evidentiary or procedural rules to make liability less likely. This framework, which we call the overenforcement paradigm, illuminates previously unnoticed features of various evidentiary and procedural arrangements. It also provides a useful analytical and prescriptive tool for creating optimal …
Njc Deskbook On Evidence For Administrative Law Judges, Chris Mcneil
Njc Deskbook On Evidence For Administrative Law Judges, Chris Mcneil
Christopher B. McNeil, J.D., Ph.D.
Provides summaries of frequently-encountered evidence rules, with checklists for ALJs and others working in administrative adjudications.