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1996

Evidence

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Institution
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Articles 1 - 30 of 34

Full-Text Articles in Law

Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases , Thomas D. Lyon, Jonathan J. Koehler Nov 1996

Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases , Thomas D. Lyon, Jonathan J. Koehler

Cornell Law Review

No abstract provided.


Evidence, Ansley B. Askins Oct 1996

Evidence, Ansley B. Askins

South Carolina Law Review

No abstract provided.


Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb Jul 1996

Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb

Law and Contemporary Problems

Crabb looks at the approach one court has established to balance the demands of the legal system with the legitimate concerns of researchers.


Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black Jul 1996

Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black

Law and Contemporary Problems

The best hope for improving the resolution of disputes concerning disclosing research is for lawyers to present the research and litigation issues clearly and for courts to develop a "keener sense" for the area of expertise involved.


Reluctant Experts, Paul D. Carrington, Traci L. Jones Jul 1996

Reluctant Experts, Paul D. Carrington, Traci L. Jones

Law and Contemporary Problems

Two duties arising under Rule 45 and related provisions of the Federal Rules of Civil Procedures, including the duty of a scientific or technical expert not retained by a party to testify to an opinion on a disputed scientific or technical issue, are discussed.


Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna Jul 1996

Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna

Law and Contemporary Problems

Demands placed on researchers by subpoenas for scientific information are not necessarily any greater than those placed on other third-party recipients of subpoenas.


Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer Jul 1996

Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer

Law and Contemporary Problems

Fischer says he believes that the uneasy relationship between law and science is likely to continue regarding disclosure of scientific research materials.


Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou Jul 1996

Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou

Law and Contemporary Problems

Resisting compelled disclosure in court will continue to be at best a tenuous and uncertain journey for researchers who have been subpoenaed.


A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil Jul 1996

A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil

Law and Contemporary Problems

No abstract provided.


Accomplices' Confessions And The Confrontation Clause, Welsh S. White May 1996

Accomplices' Confessions And The Confrontation Clause, Welsh S. White

William & Mary Bill of Rights Journal

The admissibility of an accomplice's confession against a criminal defendant has long been a subject of concern in Anglo-American law. The Supreme Court has held that accomplices' confessions to the police are presumptively unreliable under the Confrontation Clause, without clearly expressing what facts would lend to the reliability of such statements. However, Professor White argues that in Williamson v. United States, the Court adopted an empirical framework that will make such confessions more likely to be admissible against an accused.

In this Article, Professor White first explores the traditional skepticism towards accomplices' confessions and explains the nature of the current …


The Future Of The Exclusionary Rule: An Alternative Analysis For The Adjudication Of Individual Rights, Benjamin A. Swift May 1996

The Future Of The Exclusionary Rule: An Alternative Analysis For The Adjudication Of Individual Rights, Benjamin A. Swift

Northern Illinois University Law Review

The benefits accrued through the use of computer and technological advances unfortunately sometimes infringe upon personal liberties. This comment examines the range and scope of the Exclusionary Rule in those instances when computer or technological errors supply improper evidence about individuals to police. The author focuses on the Supreme Court decision in United States v. Evans, and then places Evans in its context in criminal procedure jurisprudence.


Windfall Analysis: A New Look At Uncharged Conduct Evidence, David J. Achtenberg Apr 1996

Windfall Analysis: A New Look At Uncharged Conduct Evidence, David J. Achtenberg

Faculty Works

In criminal cases, the prosecution frequently offers evidence of uncharged conduct (usually prior criminal activity), claiming that it will tend to prove the mens rea element of the charged offense. When such an offer is made, Rule 404(b) of the Federal Rules of Evidence (FRE) creates a dilemma for the trial court. On the one hand, the rule forbids the introduction of uncharged conduct evidence (UCE) for one purpose: proof of a person's character in order to show that the person acted in conformity with that character trait on a particular occasion. On the other hand, it permits the introduction …


Book Review Of Courtoom Handbook On Federal Evidence, James S. Heller Jan 1996

Book Review Of Courtoom Handbook On Federal Evidence, James S. Heller

Library Staff Publications

No abstract provided.


Syndromes And Politics In Criminal Trials And Evidence Law, Robert P. Mosteller Jan 1996

Syndromes And Politics In Criminal Trials And Evidence Law, Robert P. Mosteller

Faculty Publications

No abstract provided.


Currency Contamination And Drug-Sniffing Canines: Should Any Evidentiary Value Be Attached To A Dog's Alert On Cash?, Andy G. Rickman Jan 1996

Currency Contamination And Drug-Sniffing Canines: Should Any Evidentiary Value Be Attached To A Dog's Alert On Cash?, Andy G. Rickman

Kentucky Law Journal

No abstract provided.


The Futile Fifth Step: Compulsory Disclosure Of Confidential Communications Among Alcoholics Anonymous Members, Thomas J. Reed Jan 1996

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

Thomas J Reed

No abstract provided.


Rule 609: Impeachment By Evidence Of Conviction Of Crime Jan 1996

Rule 609: Impeachment By Evidence Of Conviction Of Crime

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.


Rule 801(D)(1): Prior Statement By Witness Jan 1996

Rule 801(D)(1): Prior Statement By Witness

Touro Law Review

No abstract provided.


Post-Daubert Confusion With Expert Testimony, Michael C. Polentz Jan 1996

Post-Daubert Confusion With Expert Testimony, Michael C. Polentz

Santa Clara Law Review

No abstract provided.


Testilying: Police Perjury And What To Do About It, Christopher Slobogin Jan 1996

Testilying: Police Perjury And What To Do About It, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Police, like people generally, lie in all sorts of contexts for all sorts of reasons. This article has focused on police lying designed to convict individuals the police think are guilty. Strong measures are needed to reduce the powerful incentives to practice such testilying and the reluctance of prosecutors and judges to do anything about it. Among them might be the adoption of rewards for truth telling, the redefinition of probable cause, and the elimination of the exclusionary rule and its insidious effect on the resolve of legal actors to implement the commands of the Constitution. Ultimately, however, the various …


That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson Jan 1996

That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson

Publications

No abstract provided.


Rule 408: Compromise And Offers To Compromise Jan 1996

Rule 408: Compromise And Offers To Compromise

Touro Law Review

No abstract provided.


Rule 901: Requirement Of Authentication Or Identification Jan 1996

Rule 901: Requirement Of Authentication Or Identification

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.


Computer Generated Visual Evidence: Does Daubert Make A Difference?, Carole E. Powell Jan 1996

Computer Generated Visual Evidence: Does Daubert Make A Difference?, Carole E. Powell

Georgia State University Law Review

No abstract provided.


Evidence: Taylor V. State--Oklahoma Abandons The Frye Test And Forces Its State Court Judges To Enter The Twilight Zone, Paige Queen Jan 1996

Evidence: Taylor V. State--Oklahoma Abandons The Frye Test And Forces Its State Court Judges To Enter The Twilight Zone, Paige Queen

Oklahoma Law Review

No abstract provided.


Cross-Examination Jan 1996

Cross-Examination

Touro Law Review

No abstract provided.


Rule 803(8)(C): Public Records And Reports Jan 1996

Rule 803(8)(C): Public Records And Reports

Touro Law Review

No abstract provided.


"Other Accident" Evidence In Product Liability Actions: Highly Probative Or An Accident Waiting To Happen?, Robert A. Sachs Jan 1996

"Other Accident" Evidence In Product Liability Actions: Highly Probative Or An Accident Waiting To Happen?, Robert A. Sachs

Oklahoma Law Review

No abstract provided.