Law Commons^™

Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller

Faculty Publications

No abstract provided.

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

Faculty Publications

No abstract provided.

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

Faculty Publications

No abstract provided.

Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli

Faculty Publications

No abstract provided.

Helpful Or Reasonably Reliable Analyzing The Expert Witness’S Methodology Under Federal Rules Of Evidence 702 And 703, Michael C. Mccarthy

Cornell Law Review

No abstract provided.

Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.

Touro Law Review

No abstract provided.

Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox

Touro Law Review

No abstract provided.

The Rationalist Tradition At Trial, James L. Kainen

Fordham Law Review

Analysis of Evidence: How to Do Things With Facts Based On Wigmore's Science of Judicial Proof, By Terrence Anderson and William Twining (with an Appendix on Probablity and Proof by Philip Dawid). Little, Brown and Company, and London: George Weidenfeld and Nicolson, Ltd., 1991. Pp. 457. $22.00. (Teacher's Manual. Pp. 181)

Biased Evidence Rules: A Framework For Judicial Analysis And Reform, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

Making The Law Of Factual Determinations Matter More, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

The Admissibility Of Expert Testimony In Brainwashing-Related Cases - Should Witnesses Be Fryed?, Virginia M. Fournier

Santa Clara Law Review

No abstract provided.

Setting Standards For The Use Of Dna-Typing Results In The Courtroom - The State Of The Art, George J. Annas

Faculty Scholarship

DNA typing, sometimes called DNA fingerprinting or profiling, has been the focus of heated exchanges in courtrooms, the popular press, and scientific journals. It is a powerful law-enforcement weapon, especially in cases of rape, because it has the potential to exonerate a suspect or to place him at the scene of a crime. On the other hand, it is of no use in rape cases like those in which William Kennedy Smith and Mike Tyson were accused, in which coitus is conceded to have occurred and the only real issue is consent. When should judges permit evidence from DNA typing …

Criminal Procedure Trial: Amend Provisions Relating To Closed Circuit Television Testimony Of Child Victims Of Certain Sexual Offenses, Jill M. Wood

Georgia State University Law Review

The Act provides that a child victim of rape, sodomy, child molestation, cruelty to children, or sexual assault may testify out of court, and such testimony will be broadcast in the courtroom by way of closed circuit television. During testimony, only the judge, attorneys, camera operators, and a representative of the child may be in the room with the child. The Act does not prohibit the presence of both the child and the defendant in the courtroom at the same time for the purpose of identification.

Progress Is Our Only Product: Legal Reform And The Codification Of Evidence, Michael S. Ariens

Faculty Articles

Twentieth century reform of the American law of evidence was initially premised on the ideals of legal progressivism, ideals splintered by American legal realism. In preparing the American Law Institute's Model Code of Evidence from 1939 to 1942, Harvard Law School professor Edmund M. Morgan attempted to reconstitute the framework of reform in light of the challenge of legal realism. The Model Code was based on granting greater discretion to the trial judge and changing the goals of the trial from a search for truth to a "rational" resolution of disputes.

Morgan’s decision to emphasize the rational resolution of disputes …

Searches And Seizure

Touro Law Review

No abstract provided.

Searches And Seizure

Touro Law Review

No abstract provided.

Trial By Jury

Touro Law Review

No abstract provided.

Searches And Seizure

Touro Law Review

No abstract provided.

Searches And Seizure

Touro Law Review

No abstract provided.

Searches And Seizure

Touro Law Review

No abstract provided.

Evaluating And Admitting Expert Opinion Testimony In Child Sexual Abuse Prosecutions, Diana Younts

Duke Law Journal

No abstract provided.

The New Criminal Discovery Code In Oklahoma: A Two Way Street In The Wrong Direction, Rodney J. Uphoff

Faculty Publications

This article first examines criminal discovery in Oklahoma prior to the Allen decision. Next, section II of the article explores Allen and the court’s justifications for creating a reciprocal discovery system. The article reviews the Allen procedures and similar pre-trial discovery provisions contained in the American Bar Association’s Standards for Criminal Justice and questions whether Allen’s new discovery system will achieve the desired results. Section II also focuses on the constitutionality of the defendant’s disclosure obligations and the adverse effects of mandating such disclosures on the adversary system. Finally, section III of the article proposes an alternative discovery code based …

Evidence

South Carolina Law Review

No abstract provided.

The Admissibility Of Hypnotically Enhanced Testimony In Criminal Trials, Gary Shaw

Scholarly Works

No abstract provided.

Idaho V. Wright: The Defenestration Of Corroborating Evidence, John Clairborne Koski

University of Miami Law Review

No abstract provided.

Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler

Law and Contemporary Problems

It is suggested that alternative dispute resolution procedures might remedy perceived problems in court procedures for dealing with scientific questions in medical malpractice, product liability and toxic tort litigation.

Medical Experts And The Ghost Of Galileo, Peter Huber

Law and Contemporary Problems

The law and science of traumatic cancer and cerebral palsy are discussed in the context of rules of evidence that are concerned with the testimony of medical experts in court. An evidentiary fallacy is demonstrated using the scientific expertise of the scientist Galileo as an example.

Should Michigan Rule Of Evidence 703 Be Revised?, Brian Benner, Ronald L. Carlson

Popular Media

Technical witnesses regularly assist the fact-finding process in Michigan trials. Jury or bench trials in federal and state courts routinely feature the appearance of experts. Properly policed by our courts, few forms of testimony hold more promise for advancing the truth-seeking function of American litigation. The expanding presence of experts raises hard questions. Are the Michigan rules in turn with modern needs? Should the state rule controlling the basis for expert opinion be aligned with the federal pattern? If Michigan Rule of Evidence 703 could stand revision, does proper alteration require significant additions not presently contained in either state or …

La Preuve, Les Techniques Modernes Et Le Respect Des Valeurs Fondamentales, Wafe Maclauchlan

Dalhousie Law Journal

In La preuve, les techniques modernes et le respect des valeurs fondamentales, Professor Pierre Patenaude has produced a scholarly and practical inquiry into the question of how law responds to science. This book raises questions of the gathering, the admissibility and the reliability of evidence through modem techniques such as electronic surveillance, breathalyzer tests, lie detectors, radar, the administration of truthinducing drugs, and hypnosis. It combines a thoughtful examination of values underlying the law of evidence with an introduction to the complexities and the frailities of scientific investigative techniques.

The Confrontation Clause And Illinois' Hearsay Exception For Child Sex Abuse Victims, Richard Kling

Richard S. Kling

No abstract provided.