Law Commons^™

Evidentiary Relevance, Morally Reasonable Verdicts, And Jury Nullification, Todd E. Pettys

Todd E. Pettys

In Old Chief v. United States, the Supreme Court stated that evidence offered by the Government in a criminal case has “fair and legitimate weight” if it tends to show that a guilty verdict would be morally reasonable. This Article focuses on that proposition. First, it discusses the ways in which Old Chief’s analysis rests upon a broadened understanding of evidentiary relevance. Second, it argues that significant theoretical difficulties impede any effort to determine whether evidence tends to show that a guilty verdict would be morally reasonable. Third, it argues that adopting Old Chief’s conception of relevance would necessitate significant …

Why Legal Scholars Get Daubert Wrong: A Contextualist Explanation Of Law's Epistemology, Alani Golanski

Alani Golanski

Daubert requires the court to make judgments about scientific evidence. But judges, like jurors, are lay persons in relation to such evidence. So Daubert has been criticized as requiring too much of the court, and such alternatives as blue ribbon panels have been proposed. This article shows that, notwithstanding any problems that Daubert itself might have, the Daubert scholarship is significantly hampered by the way legal scholars categorize knowledge. A "contextualist" (as opposed to "invariantist") theory of knowledge is both philosophically best, and makes sense of law's relation to science.

Wonders Of The Invisible World: Prosecutorial Syndrome And Profile Evidence In The Salem Witchcraft Trials, Jane Campbell Moriarty

Jane Campbell Moriarty

The primary aims of this Article are to deconstruct the evidence from the Salem witchcraft trials and to determine whether those prosecutions relied upon syndrome and profile evidence, and whether such evidence played a substantial role in the convictions. The secondary aim is to determine whether modern cases employ evidentiary methods sufficiently similar to the Salem cases such that we should reconsider prosecutorial syndrome and profile evidence. This Article concludes that prosecutorial syndrome evidence and, to a lesser degree, prosecutorial profile evidence, were relied upon in the Salem cases and were important to the convictions. Moreover, in modern cases, which …

The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel Seidmann

Alex Stein

This Article develops a consequentialist game-theoretic perspective for understanding the right to silence. By applying this perspective, the Article reveals that the conventional perception of the right to silence, as impeding the search for truth and thus helping criminals alone, is mistaken. The Article demonstrates that the right to silence can help triers of fact to distinguish between factually innocent and guilty suspects and defendants. This is achieved by an important feature of the right to silence which this Article brings to the fore: a criminal's self-interested response to questioning can impose externalities (in the form of wrongful conviction) on …

An Interdisciplinary Analysis Of Statements To Mental Health Professionals Under The Diagnosis Or Treatment Hearsay Exception, John J. Capowski

John J. Capowski

No abstract provided.

The Character Evidence Defense: Acquittal Based On Good Character, Thomas J. Reed

Thomas J Reed

No abstract provided.

Statements Against Interest, Reliability, And The Confrontation Clause, John J. Capowski

John J. Capowski

No abstract provided.

The Futile Fifth Step: Compulsory Disclosure Of Confidential Communications Among Alcoholics Anonymous Members, Thomas J. Reed

Thomas J Reed

No abstract provided.

Pre-Trial Motions And Discovery, Richard Kling

Richard S. Kling

No abstract provided.

Toxic Torts, Causation, And Scientific Evidence After Daubert, Jean Eggen

Jean M. Eggen

No abstract provided.

Evidentiary Failures: A Structural Theory Of Evidence Applied To Hearsay Issues, Thomas J. Reed

Thomas J Reed

No abstract provided.

Comparing Similarly Situated People In Disparate Treatment Cases, David G. Karro

David G. Karro

I wrote this in 1993 for paralegals and new attorneys who were having trouble understanding the concept of comparing similarly situated people in order to prove motive. Many lawyers and paralegals approach the topic mechanically, without any real conception of what makes a comparison of the treatment of people probative, or not probative, of intentional discrimination. Although fifteen years old as of the time of this writing (2008), I believe the approach remains valid and still has significant pedagogical value for newcomer to the area. The citations are also useful for lawyers under who need a quick way of getting …

The Trial Judge As Gatekeeper For Scientific Evidence: Will Ohio Rule Of Evidence 102 Frustrate The Ohio Courts' Role Under Daubert V. Merrell Dow?, Chris Mcneil

Christopher B. McNeil, J.D., Ph.D.

No abstract provided.

Reading Gaol Revisited: Admission Of Uncharged Misconduct Evidence In Sex Offender Cases, Thomas J. Reed

Thomas J Reed

No abstract provided.

Protecting Criminal Defendants' Rights When The Government Adduces Scientific Evidence: The Confrontation Clause And Other Alternatives─A Response To Professor Giannelli, James W. Diehm

James W. Diehm

The Confrontation Clause And Illinois' Hearsay Exception For Child Sex Abuse Victims, Richard Kling

Richard S. Kling

No abstract provided.

Nita Problems In Evidence: Student Manual, Thomas Reed

Thomas J Reed

No abstract provided.

The Admissibility Of Evidence Protected By Noerr-Pennington, Michael E Lewyn

Michael E Lewyn

Although poliitical activity is protected from antitrust liability under the Noerr-Pennington doctrine, evidence of such activity is at times admissible to prove other antitrust violations. Such evidence, if admissible, could be used to prove anticompetitive intent, or as a 'plus factor' to prove conspiracy where the only other evidence of conspiracy is parallel conduct. However, such evidence is most likely to be admitted where it is superfluous.

Cross-Examination Of Breath Alcohol Machine Operators (With G. Sapir), Richard Kling

Richard S. Kling

No abstract provided.

Pre-Trial Procedures And Practice, Richard Kling

Richard S. Kling

No abstract provided.

The Pushy Ox: Character Evidence In Pennsylvania Civil Actions, Thomas J. Reed

Thomas J Reed

No abstract provided.

Admission Of Other Criminal Act Evidence After Adoption Of The Federal Rules Of Evidence, Thomas J. Reed

Thomas J Reed

No abstract provided.

The Development Of The Propensity Rule In Federal Criminal Causes 1840-1975, Thomas J. Reed

Thomas J Reed

No abstract provided.

Trial By Propensity: Admission Of Other Criminal Acts Evidenced In Federal Criminal Trials, Thomas J. Reed

Thomas J Reed

No abstract provided.

Note, "Interactions Between Memory Refreshment Doctrine And Work Product Protection Under The Federal Rules" In Yale Law Journal, Ellen Wertheimer

Ellen Wertheimer

No abstract provided.