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- Selected Works (31)
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Articles 1 - 30 of 76
Full-Text Articles in Criminal Law
56. Pragmatic Failure And Referential Ambiguity When Attorneys Ask Child Witnesses “Do You Know/Remember” Questions., Angela D. Evans, Stacia N. Stolzenberg, Thomas D. Lyon
56. Pragmatic Failure And Referential Ambiguity When Attorneys Ask Child Witnesses “Do You Know/Remember” Questions., Angela D. Evans, Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
Managing Fear-Based Derogation In Murder Trials, John Rafael Perez
Managing Fear-Based Derogation In Murder Trials, John Rafael Perez
Journal of Legislation
No abstract provided.
Scandal, Fraud, And The Reform Of Forensic Science: The Case Of Fingerprint Analysis, Simon A. Cole
Scandal, Fraud, And The Reform Of Forensic Science: The Case Of Fingerprint Analysis, Simon A. Cole
West Virginia Law Review
No abstract provided.
Folklore And Forensics: The Challenges Of Arson Investigation And Innocence Claims, Parisa Dehghani-Tafti, Paul Bieber
Folklore And Forensics: The Challenges Of Arson Investigation And Innocence Claims, Parisa Dehghani-Tafti, Paul Bieber
West Virginia Law Review
No abstract provided.
An Uncivil Action: Criminalizating Daubert In Procedure And Practice To Avoid Wrongful Convictions, Jessica G. Cino
An Uncivil Action: Criminalizating Daubert In Procedure And Practice To Avoid Wrongful Convictions, Jessica G. Cino
West Virginia Law Review
No abstract provided.
Forensics And Fallibility: Comparing The Views Of Lawyers And Jurors, Brandon L. Garrett, Gregory Mitchell
Forensics And Fallibility: Comparing The Views Of Lawyers And Jurors, Brandon L. Garrett, Gregory Mitchell
West Virginia Law Review
No abstract provided.
Strengths And Limitations Of Forensic Science: What Dna Exonerations Have Taught Us And Where To Go From Here, Vanessa Meterko
Strengths And Limitations Of Forensic Science: What Dna Exonerations Have Taught Us And Where To Go From Here, Vanessa Meterko
West Virginia Law Review
No abstract provided.
Building The Infrastructure For "Justice Through Science": The Texas Model, Sandra Guerra Thompson, Nicole Bremner Cásarez
Building The Infrastructure For "Justice Through Science": The Texas Model, Sandra Guerra Thompson, Nicole Bremner Cásarez
West Virginia Law Review
No abstract provided.
Introduction To The West Virginia Law Review Flawed Forensics And Innocence Symposium, Valena E. Beety
Introduction To The West Virginia Law Review Flawed Forensics And Innocence Symposium, Valena E. Beety
West Virginia Law Review
No abstract provided.
55. Challenging The Credibility Of Alleged Victims Of Child Sexual Abuse In Scottish Courts., Zsófia Szojka, Samantha J. Andrews, Michael E. Lamb, Stacia N. Stolzenberg, Thomas D. Lyon
55. Challenging The Credibility Of Alleged Victims Of Child Sexual Abuse In Scottish Courts., Zsófia Szojka, Samantha J. Andrews, Michael E. Lamb, Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
Mayo V. Eigh. Jud, Dist. Ct., 123 Nev. Adv. Op. 79 (Nov. 23, 2016), Alex Velto
Mayo V. Eigh. Jud, Dist. Ct., 123 Nev. Adv. Op. 79 (Nov. 23, 2016), Alex Velto
Nevada Supreme Court Summaries
The Court found that the district court did not err when it found no violation of NRS 172.145(2). The Court interpreted NRS 172.145(2), which creates a duty on district attorneys to submit evidence to a grand jury if they are “aware” it will “explain away the charge.” The Court determined that a district attorney must be “aware” evidence has exculpatory value before there is a duty to present the evidence to a grand jury. The district attorney is not obligated to present exculpatory evidence it possesses but does not recognize as exculpatory. In the case at issue, because the district …
Brief Of Appellant, Mark Andrew Matthews V. State Of Maryland, No. 327, Paul Dewolfe, Renée M. Hutchins, Jesse M. Lachman
Brief Of Appellant, Mark Andrew Matthews V. State Of Maryland, No. 327, Paul Dewolfe, Renée M. Hutchins, Jesse M. Lachman
Court Briefs
No abstract provided.
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
University of Richmond Law Review
This comment examines actual innocence in Virginia: the progress it has made, the problems it still faces, and the possibilities for reform. Part I addresses past reform to the system, spurred by the shocking tales of Thomas Haynesworth and others. Part II identifies three of the most prevalent systemic challenges marring Virginia's justice system: (1) flawed scientific evidence; (2) the premature destruction of evidence; and (3) false confessions and guilty pleas. Part III suggests ways in which Virginia can, and should, address these challenges to ensure that the justice system is actually serving justice.
The New Pcast Report To The President Of The United States On Forensic Science, Robert M. Sanger
The New Pcast Report To The President Of The United States On Forensic Science, Robert M. Sanger
Robert M. Sanger
Recording A New Frontier In Evidence-Gathering: Police Body-Worn Cameras And Privacy Doctrines In Washington State, Katie Farden
Recording A New Frontier In Evidence-Gathering: Police Body-Worn Cameras And Privacy Doctrines In Washington State, Katie Farden
Seattle University Law Review
This Note contributes to a growing body of work that weighs the gains that communities stand to make from police body-worn cameras against the tangle of concerns about how cameras may infringe on individual liberties and tread on existing privacy laws. While police departments have quickly implemented cameras over the past few years, laws governing the use of the footage body-worn cameras capture still trail behind. Notably, admissibility rules for footage from an officer’s camera, and evidence obtained with the help of that footage, remain on the horizon. This Note focuses exclusively on Washington State’s laws. It takes a clinical …
Virginia Prosecutors’ Response To Two Models Of Pre-Plea Discovery In Criminal Cases: An Empirical Comparison, Michael R. Doucette
Virginia Prosecutors’ Response To Two Models Of Pre-Plea Discovery In Criminal Cases: An Empirical Comparison, Michael R. Doucette
Washington and Lee Law Review Online
No abstract provided.
Lost In Translation? The Difference Between Hearsay Rule's Historical Rationale And Practical Application, Christopher Lloyd Sewrattan
Lost In Translation? The Difference Between Hearsay Rule's Historical Rationale And Practical Application, Christopher Lloyd Sewrattan
LLM Theses
An examination of the difference between the hearsay rules historical rationale and current application. The analysis occurs in three steps. In section 1, the historical rationale of the hearsay rule is identified through a reconciliation of competing theories. Section 2 analyses the difference between the hearsay rules historical rationale and the application of the exclusionary hearsay rule. Section 3 analyses the difference between the hearsay rules historical rationale and the application of some categorical hearsay exceptions.
Overall, the thesis finds that the hearsay rules historical rationale has three aspects: concern with the inherent reliability of hearsay evidence, concern with procedural …
54. The Effects Of The Hypothetical Putative Confession And Negatively-Valenced Yes/No Questions On Maltreated And Non-Maltreated Children’S Disclosure Of A Minor Transgression., Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
54. The Effects Of The Hypothetical Putative Confession And Negatively-Valenced Yes/No Questions On Maltreated And Non-Maltreated Children’S Disclosure Of A Minor Transgression., Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
Thomas D. Lyon
Brief Of Evidence Law Scholars As Amici Curiae In Support Of Petitioner Paul L. Behrens’ Petition For Rehearing And Rehearing En Banc, Paul F. Rothstein
Brief Of Evidence Law Scholars As Amici Curiae In Support Of Petitioner Paul L. Behrens’ Petition For Rehearing And Rehearing En Banc, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The panel here held that the government’s expert in a criminal trial can present hearsay for its truth without satisfying the requirements of Rule 703 or the prerequisites to admissibility under any hearsay exception. Amici believe that misreads the Federal Rules of Evidence, undermines the general prohibition on hearsay, and circumvents defendants’ cross-examination rights.
The Academy Standards Board For Firearms And Toolmarks, Robert M. Sanger
The Academy Standards Board For Firearms And Toolmarks, Robert M. Sanger
Robert M. Sanger
17. Investigative Interviewing Of The Child., Thomas D. Lyon
17. Investigative Interviewing Of The Child., Thomas D. Lyon
Thomas D. Lyon
Newsroom: Kuckes On Grand Jury Secrecy 8/30/2016, Roger Williams University School Of Law
Newsroom: Kuckes On Grand Jury Secrecy 8/30/2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
53. Relations Between Attorney Temporal Structure And Children's Response Productivity In Cases Of Alleged Child Sexual Abuse., J. Zoe Klemfuss, Kyndra C. Cleveland, Thomas D. Lyon, Jodi A. Quas
53. Relations Between Attorney Temporal Structure And Children's Response Productivity In Cases Of Alleged Child Sexual Abuse., J. Zoe Klemfuss, Kyndra C. Cleveland, Thomas D. Lyon, Jodi A. Quas
Thomas D. Lyon
Newsroom: Goldstein On Drug Databases 6-27-2016, Sheri Qualters, Roger Williams University School Of Law
Newsroom: Goldstein On Drug Databases 6-27-2016, Sheri Qualters, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Moving Beyond Miranda: Concessions For Confessions, Scott W. Howe
Moving Beyond Miranda: Concessions For Confessions, Scott W. Howe
Northwestern University Law Review
The law governing police interrogation provides perverse incentives. For criminal suspects, the law rewards obstruction and concealment. For police officers, it honors deceit and psychological aggression. For the courts and the rest of us, it encourages blindness and rationalization. This Article contends that the law could help foster better behaviors. The law could incentivize criminals to confess without police trickery and oppression. It could motivate police officers involved in obtaining suspect statements to avoid chicanery and duress. And, it could summon courts and the rest of us to speak more truthfully about whether suspect admissions are the product of informed, …
Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse
Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse
All Faculty Scholarship
This invited commentary for Journal of Law & the Biosciences considers four empirical studies previously published in the journal of the reception of neuroscientific evidence in criminal cases in the United States, Canada, England and Wales, and the Netherlands. There are conceded methodological problems with all, but the data are nonetheless instructive and suggestive. The thesis of the comment is that the courts are committing the same errors that have bedeviled the reception of psychiatric and psychological evidence. There is insufficient caution about the state of the science, and more importantly, there is insufficient understanding of the relevance of the …
David Brown Versus Louisiana, Charles Ogletree, Ronald Sullivan
David Brown Versus Louisiana, Charles Ogletree, Ronald Sullivan
Amicus Briefs
No abstract provided.
52. Familial Influences On Recantation In Substantiated Child Sexual Abuse Cases., Lindsay C. Malloy, Allison P. Mugno, Jillian R. Rivard, Jodi A. Quas, Thomas D. Lyon
52. Familial Influences On Recantation In Substantiated Child Sexual Abuse Cases., Lindsay C. Malloy, Allison P. Mugno, Jillian R. Rivard, Jodi A. Quas, Thomas D. Lyon
Thomas D. Lyon
Louisiana Rapper’S Case Speaks To Bigger Problems In The Criminal Justice System, Andrea L. Dennis, Erik Nelson, Michael Render
Louisiana Rapper’S Case Speaks To Bigger Problems In The Criminal Justice System, Andrea L. Dennis, Erik Nelson, Michael Render
Popular Media
This article published on April 25, 2016 at the Huffington Post examines the case of McKinley Phipps. He was sentenced to thirty years of hard labor for a crime that, to this day, he insists he did not commit. During the trial prosecutors used Phipps’s rap persona and lyrics - remixed for special effect - to carefully construct a story of Phipps’s guilt. The article discusses how Phipps lyrics and persona contributed to his conviction and the progress of his appeals.
Lost In A Maze Of Character Evidence: How The Federal Courts Lack A Cohesive Approach To Applying Federal Rule Of Evidence 404(B) In Drug Distribution Cases, Brian Byrne
Pace Law Review
The admission of a criminal defendant’s prior bad acts can be a powerful tool for attaining a conviction. The federal courts are currently divided as to whether the defendant’s prior drug use is admissible under Rule 404(b) of the Federal Rules of Evidence when the defendant is charged with distributing a controlled dangerous substance.
Part I of this Comment will briefly explore the historical roots of Rule 404(b). Part II will examine the permissible purposes for admitting prior bad acts under Rule 404(b). Part III will discuss the circuit split that has developed as to whether the defendant’s prior drug …