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Articles 1 - 4 of 4
Full-Text Articles in Law
Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón
Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón
University of Miami Law Review
The #MeToo movement has drawn attention to the prevalence of sexual and gender-based violence. But more importantly, it has exposed how society discounts the testimony of women. This Article unfolds how this credibility discounting is reinforced in our evidentiary system through the use of character for untruthfulness evidence to impeach victims. Specifically, through defense attorneys’ practice of impeaching sexual and gender-based violence victims’ character for truthfulness as a way to introduce functional evidence of credibility biases regarding the trustworthiness of sexual and gender-based violence victims and the plausibility of their testimonies. The Article further shows a correlation between the poor …
Law Library Blog (November 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (November 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
The Character Of The Business: Looking Through "Broken Windows" For Liability In Mass Shootings & Other Third-Party Criminal Acts, Madison Shepley
The Character Of The Business: Looking Through "Broken Windows" For Liability In Mass Shootings & Other Third-Party Criminal Acts, Madison Shepley
Seattle University Law Review
Mass violence and third-party criminal acts are increasing in prevalence, and Washington State's current prior incidents liability analysis does not fully address public policy concerns of safety. This Comment argues for an expansive standard of the definition of character of the business that incorporates a sociological understanding of the effects of an atmosphere of crime. It provides an overview of the various state analyses for determining liability for third-party criminal conduct and breaks down how states have incorporated the concept of character of the business as a factor in liability analysis, ultimately turning to a discussion of how the implementation …
You Can't Escape Your Past: State V. Blaz And The Future Of 404(B) Evidence In Montana, Britton Fraser
You Can't Escape Your Past: State V. Blaz And The Future Of 404(B) Evidence In Montana, Britton Fraser
Montana Law Review
This note focuses on identity evidence—specifically, the admissibility of evidence of past crimes or acts in order to identify the defendant as the perpetrator of a crime. It explains how the Court, by improperly expanding its prior rulings, opened the floodgates to admit types of behavior that have not constituted uniquely identifying criminal signatures. It also seeks to illustrate the effect this expansion might have on the admissibility of such evidence in the future. Part II of this note begins with a brief background on applicable Montana law and an overview of the law’s purpose. Part II also discusses prior …