Law Commons^™

Twist And Shout And Truth Will Out: An Argument For The Adoption Of A "Safety-Valve" Exception To The Washington Hearsay Rule, George R. Nock

Seattle University Law Review

This Article will focus on two decisions of the Washington Supreme Court illustrating the unfortunate expansion of certain hearsay exceptions in order to accommodate truth, show that the expansion could have been avoided had Washington adopted a "general" exception comparable to that found in the Federal Rules of Evidence, and propose the adoption of an exception shorn of the defects of the rejected federal version.

Evidence, William L. Monts Iii, Mark C. Dukes, Barbara E. Brunson, Luther C. Kissam Iv

South Carolina Law Review

No abstract provided.

The Attorney-Client Privilege: The Common Law And Georgia's Uncommon Statutes, Paul S. Milich

Georgia State University Law Review

No abstract provided.

The Admissibility Of Prior Bad Acts In Sexual Assault Cases Under Alaska Rule Of Evidence 404(B)- An Emerging Double Standard, Brian E. Lam

Alaska Law Review

No abstract provided.

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

Richard S. Kling

No abstract provided.

Proving The Defendant's Bad Character, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The classic study of the American jury shows that when a defendant's criminal record is known and the prosecution's case has weaknesses, the defendant's chances of acquittal are thirty-eight percent, compared to sixty-five percent otherwise. Because of the danger that jurors will assume that the defendant is guilty based on proof that his bad character predisposes him to an act of crime, the courts and legislatures have attempted to circumscribe the use of such evidence. Some prosecutors, however, although well aware of the insidious effect such prejudicial evidence can have on jurors, violate the rules of evidence, as well as …

The Skeleton In The Closet: The Battered Woman Syndrome, Self Defense, And Expert Testimony, Victoria M. Mather

Faculty Articles

The criminal justice system must deal fairly, through the use of expert testimony, with the battered woman who strikes back at her abuser with deadly results. Society-at-large does not understand the battered woman, the batterer, and their relationship; historically, the criminal justice system’s response to the predicament of the battered woman has been ineffective.

The use of expert testimony in homicide cases where an allegedly battered wife kills her abuser and then claims self-defense is a controversial proposition. The evidence, however, shows that women are frequently the victims of abuse, that patterns of behavior associated with battering relationships usually exist, …

Discovery And Admissibility Of Expert Testimony, Joseph M. Mclaughlin

Notre Dame Law Review

No abstract provided.

Rule 609(A) In The Civil Context: A Recommendation For Reform, Teree E. Foster

Fordham Law Review

No abstract provided.

A Unified Theory Of Scientific Evidence, Bert Black

Fordham Law Review

No abstract provided.

Procedure For Admitting And Excluding Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

Don't Be Cowed By Scientific Evidence: A Pretrial Primer For Prosecutors And Defense Attorneys, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.

The Admissibility Of Laboratory Reports In Criminal Trials: The Reliability Of Scientific Proof, Paul C. Giannelli

Faculty Publications

No abstract provided.

Res Gestae, The Present Sense Impression Exception And Extrinsic Corroboration Under Federal Rules Of Evidence 803(1) And Its State Counterparts, William Gorman Passannante

Fordham Urban Law Journal

This Note presents an overview of the hearsay rule and its general historical development, as well as background on the history of the res gestae doctrine to provide a clearer understanding of the Federal Rules discussed. It examines the current analysis of the three Rule 803 hearsay exceptions, and compares the requirements of external corroboration of hearsay statements under each of Rules 803(1), (2) and (3) to illustrate some inconsistencies in the application of these rules. The author concludes that it is essential that a concise and historically consistent method of applying the present sense impression exception be used, and …