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Adverse Inference About Adverse Inferences: Restructuring Juridical Roles For Responding To Evidence Tampering By Parties To Litigation, Dale A. Nance Jan 2010

Adverse Inference About Adverse Inferences: Restructuring Juridical Roles For Responding To Evidence Tampering By Parties To Litigation, Dale A. Nance

Faculty Publications

For at least two centuries, Anglo-American courts have responded to a party's evidence tampering by allowing the opponent to argue to jurors that they should draw an adverse inference against the offending party in deciding the merits of the case. This Article argues that the use of such inferences, and invitations to draw them, should be radically curtailed, not only because of the ambiguities and risks of prejudice that such inferences entail, but more importantly because they reflect and contribute to a confusion of roles in which the jury is enlisted to participate in the management of the pre-trial ...


Scientific Evidence In Criminal Prosecutions - A Retrospective, Paul C. Giannelli Jan 2010

Scientific Evidence In Criminal Prosecutions - A Retrospective, Paul C. Giannelli

Faculty Publications

No abstract provided.


Scientific Evidence And Prosecutorial Misconduct In The Duke Lacrosse Rape Case, Paul C. Giannelli Jan 2009

Scientific Evidence And Prosecutorial Misconduct In The Duke Lacrosse Rape Case, Paul C. Giannelli

Faculty Publications

The need for pretrial discovery in criminal cases is critical. A defendant's right to confrontation, effective assistance of counsel, and due process often turns on pretrial disclosure. This essay discusses a case that demonstrates this point.


Pretrial Discovery Of Expert Testimony, Paul C. Giannelli Jan 2008

Pretrial Discovery Of Expert Testimony, Paul C. Giannelli

Faculty Publications

No abstract provided.


Nontestimonial Identification Orders For Dna Testing, Paul C. Giannelli Jan 2008

Nontestimonial Identification Orders For Dna Testing, Paul C. Giannelli

Faculty Publications

No abstract provided.


Daubert Challenges To Firearms (“Ballistics”) Identifications, Paul C. Giannelli Jan 2007

Daubert Challenges To Firearms (“Ballistics”) Identifications, Paul C. Giannelli

Faculty Publications

No abstract provided.


Daubert Challenges To Fingerprints, Paul C. Giannelli Jan 2006

Daubert Challenges To Fingerprints, Paul C. Giannelli

Faculty Publications

No abstract provided.


Empirical Evidence And Malpractice Litigation, Philip G. Peters Jr. Oct 2002

Empirical Evidence And Malpractice Litigation, Philip G. Peters Jr.

Faculty Publications

Critics of medical malpractice litigation believe that expert testimony is often anecdotal and biased. To remedy this problem, several have recently suggested that attorneys should provide and courts should seek reliable empirical evidence of actual clinical norms. Their suggestion should be welcomed. If our expectations are realistic and the design pitfalls are avoided, greater use of use of empirical research will improve the fairness of malpractice adjudication. At least in theory, it could be useful in both the "easy" cases (where it reveals that a consensus standard of care exists) and also some of the harder cases (where clinical practices ...


“Other Acts” Evidence: Part Ii, Paul C. Giannelli Jan 2001

“Other Acts” Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


Scientific Evidence In Civil And Criminal Cases, Paul C. Giannelli Jan 2001

Scientific Evidence In Civil And Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.


Character Evidence, Paul C. Giannelli Jan 2001

Character Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Who Should Control The Decision To Call A Witness: Respecting A Criminal Defendant's Tactical Choices, Rodney J. Uphoff Apr 2000

Who Should Control The Decision To Call A Witness: Respecting A Criminal Defendant's Tactical Choices, Rodney J. Uphoff

Faculty Publications

A law student approached me not long ago to discuss a problem he had encountered while helping to prepare a criminal case for retrial. The defendant's first trial ended with a hung jury. The defendant, Steven Brown, now faced a second trial on the same misdemeanor charge of assaulting a police officer. Although the defendant still wanted to go to trial, Brown told defense counsel that he did not want his elderly father to have to testify again. From defense counsel's standpoint, the father's testimony was critical because he was the only witness corroborating the defendant's ...


New Developments In Scientific Evidence, Paul C. Giannelli Jan 2000

New Developments In Scientific Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Expert Qualifications: Traps For The Unwary, Paul C. Giannelli Jan 2000

Expert Qualifications: Traps For The Unwary, Paul C. Giannelli

Faculty Publications

No abstract provided.


Impeachment: Evidence Amendments, Paul C. Giannelli Jan 1999

Impeachment: Evidence Amendments, Paul C. Giannelli

Faculty Publications

No abstract provided.


Hearsay: Traps & Problem Issues, Paul C. Giannelli Jan 1998

Hearsay: Traps & Problem Issues, Paul C. Giannelli

Faculty Publications

No abstract provided.


The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman Jan 1996

The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman

Faculty Publications

No abstract provided.


Confrontation Issues In Child Abuse Cases, Paul C. Giannelli Jan 1994

Confrontation Issues In Child Abuse Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.


Polygraph Evidence: Part Ii, Paul C. Giannelli Jan 1994

Polygraph Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


Polygraph Evidence: Part I, Paul C. Giannelli Jan 1994

Polygraph Evidence: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli Jan 1994

Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli

Faculty Publications

No abstract provided.


Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli Jan 1993

Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli

Faculty Publications

No abstract provided.


“Junk Science”: The Criminal Cases, Paul C. Giannelli Jan 1993

“Junk Science”: The Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.


"Other Acts” & Character Evidence: Part I, Paul C. Giannelli Jan 1992

"Other Acts” & Character Evidence: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli Jan 1992

Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli

Faculty Publications

No abstract provided.


"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli Jan 1992

"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


"Other Acts” & Character Evidence: Part I, Paul C. Giannelli Jan 1992

"Other Acts” & Character Evidence: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


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.


Best Evidence Rule, Paul C. Giannelli Jan 1991

Best Evidence Rule, Paul C. Giannelli

Faculty Publications

No abstract provided.