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Articles 1 - 13 of 13

Full-Text Articles in Law

Burdens Of Proof: Degrees Of Belief, Quanta Of Evidence, Or Constitutional Guarantees?, C.M.A. Mccauliff Nov 1982

Burdens Of Proof: Degrees Of Belief, Quanta Of Evidence, Or Constitutional Guarantees?, C.M.A. Mccauliff

Vanderbilt Law Review

This Article analyzes the whole range of burdens of proof as well as their constitutional implications. Part H of the Article discusses the traditional burdens of proof and the use of probability theory in legal fact finding. Part HI of the Article studies the decision making processes of law enforcement officers, the judges that review their decisions, and the decision making processes in appellate and administrative review. Part IV of the Article returns to the trial process and analyzes burdens of proof, not as degrees of belief, but as reflections of constitutional due process that mandate a required degree of …


Evidence, Danny H. Mullis, Suzanne Hulst Clawson, John R. Devlin Jr. Aug 1982

Evidence, Danny H. Mullis, Suzanne Hulst Clawson, John R. Devlin Jr.

South Carolina Law Review

No abstract provided.


The Acquisition Of Evidence For Criminal Prosecution: Some Constitutional Premises And Practices In Transition, H. Richard Uviller Apr 1982

The Acquisition Of Evidence For Criminal Prosecution: Some Constitutional Premises And Practices In Transition, H. Richard Uviller

Vanderbilt Law Review

This Article isolates only two of the many aspects of the Court's labors affecting the acquisition of evidence for criminal prosecution. The first concerns the allocation of primacy among the values that the exclusionary response to the illegal acquisition of evidence serves: a theoretical choice that may carry some notable practical consequences. The second requires are examination of the role of the trial court in supervising the preaccusatory search for evidence in a way that suggests the possible obsolescence of the Supreme Court's ruling credo in the Stewart era.


Day-In-The-Life Films: The Celluloid Witness Comes To The Aid Of The Plaintiff, James A. Merritt Jr. Mar 1982

Day-In-The-Life Films: The Celluloid Witness Comes To The Aid Of The Plaintiff, James A. Merritt Jr.

South Carolina Law Review

No abstract provided.


A Judicial Perspective On Opinion Evidence Under The Federal Rules, George C. Pratt Mar 1982

A Judicial Perspective On Opinion Evidence Under The Federal Rules, George C. Pratt

Washington and Lee Law Review

No abstract provided.


The Development Of The Propensity Rule In Federal Criminal Causes 1840-1975, Thomas J. Reed Jan 1982

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

Thomas J Reed

No abstract provided.


Telescopes Binoculars And The Fourth Amendment, Lawrence Kaiser Marks Jan 1982

Telescopes Binoculars And The Fourth Amendment, Lawrence Kaiser Marks

Cornell Law Review

No abstract provided.


Admissibility Of Evidence In Probation/Parole Revocation Proceedings And In Criminal Prosecutions: Applying A Single Standard, Steven Monteforte Jan 1982

Admissibility Of Evidence In Probation/Parole Revocation Proceedings And In Criminal Prosecutions: Applying A Single Standard, Steven Monteforte

Fordham Law Review

No abstract provided.


Withdrawal From Conspiracy: A Constitutional Allocation Of Evidentiary Burdens, Linda Cantoni Jan 1982

Withdrawal From Conspiracy: A Constitutional Allocation Of Evidentiary Burdens, Linda Cantoni

Fordham Law Review

No abstract provided.


Forensic Hair Analysis: The Case Against The Underemployment Of Scientific Evidence, Edward J. Imwinkelried Jan 1982

Forensic Hair Analysis: The Case Against The Underemployment Of Scientific Evidence, Edward J. Imwinkelried

Washington and Lee Law Review

No abstract provided.


Manual Of The Law Of Evidence, Geoffrey Bennett Jan 1982

Manual Of The Law Of Evidence, Geoffrey Bennett

Journal Articles

Reviewing: Phipson & Elliott, Manual of the Law of Evidence. 11th ed. London: Sweet & Maxwell. 1980. 376 pp.


The Business Papers Rule: Personal Privacy And White Collar Crime, John S. Applegate Jan 1982

The Business Papers Rule: Personal Privacy And White Collar Crime, John S. Applegate

Articles by Maurer Faculty

No abstract provided.


Kentucky Law Survey: Criminal Rules, William H. Fortune Jan 1982

Kentucky Law Survey: Criminal Rules, William H. Fortune

Law Faculty Scholarly Articles

In May 1978 the Kentucky Supreme Court set up a Criminal Rules Revision Committee (Advisory Committee) to study Kentucky's Rules of Criminal Procedure. The purpose of the Advisory Committee was to make recommendations to the Judicial Council. The committee met sixteen times between July 1978 and July 1980, and at the conclusion of its study, submitted a comprehensive revision of the rules of criminal procedure to the judicial council. These proposed revisions went beyond mere amendment of the existing rules. The Advisory Committee drew heavily from the Federal Rules of Criminal Procedure, and ultimately proposed extensive changes in plea bargaining, …