Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Testimony (2)
- United States Supreme Court (2)
- Admissibility (1)
- Capital punishment (1)
- Confessions (1)
-
- Confrontation Clause (1)
- Convictions (1)
- Crimes (1)
- Cross-examination (1)
- DNA (1)
- Databases (1)
- Daubert v. Merrell Dow Pharmaceuticals Inc. (1)
- Death penalty (1)
- Errors (1)
- Evidence (1)
- Exonerations (1)
- Eyewitnesses (1)
- Frye v. United States (1)
- General Electric Co. v. Joiner (1)
- Guilt (1)
- Homicides (1)
- Innocence (1)
- Judicial deference (1)
- Juries (1)
- Jurors (1)
- Lilly v. Virginia (1)
- Miscarriages of justice (1)
- Narrative relevance (1)
- Old Chief v. United States (1)
- Police (1)
Articles 1 - 4 of 4
Full-Text Articles in Evidence
Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert
Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert
Articles
This paper has its roots in Old Chief v. United States, a case the Supreme Court of the United States decided in 1997. I will begin by describing this case; then comment on its implications for the Supreme Court's conception of the jury, and conclude by examining the agenda one may draw from it for empirical jury research. Old Chief arose when Johnny Lynn Old Chief was charged not only with assault with a dangerous weapon and using a firearm in the commission of a crime of violence, but also with violating a law that precludes convicted felons from possessing …
Lilly V. Virginia: A Chance To Reconceptualize The Confrontation Right, Richard D. Friedman
Lilly V. Virginia: A Chance To Reconceptualize The Confrontation Right, Richard D. Friedman
Articles
In Lilly v. Virginia, the Supreme Court once again has the opportunity to grapple with the meaning of the Confrontation Clause of the Sixth Amendmel).t. The basic facts of Lilly are simple, for they present the ageold problem of accomplice confessions. Three men, Gary Barker and Ben and Mark Lilly, went on a crime spree, during which one of them shot to death a young man they had robbed and kidnaped. Ben Lilly was charged with being the triggerman, and Barker testified to that effect at Ben's trial. Mark did not testify. But Mark had made a statement to the …
Dna Database Searches And The Legal Consumption Of Scientific Evidence, Peter Donnelly, Richard D. Friedman
Dna Database Searches And The Legal Consumption Of Scientific Evidence, Peter Donnelly, Richard D. Friedman
Articles
DNA evidence has transformed the proof of identity in criminal litigation, but it has also introduced daunting problems of statistical analysis into the process. In this Article, we analyze a problem related to DNA evidence that is likely to be of great and increasing significance in the near future. This is the problem of whether, and how, to present evidence that the suspect has been identified through a DNA database search. In our view, the two well-known reports on DNA evidence issued by the National Research Council ("NRC"), each of which has carried great authority with the American courts on …
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Articles
In case after case, erroneous conviction for capital murder has been proven. I contend that these are not disconnected accidents, but systematic consequences of the nature of homicice prosecution in the general and capital prosecution in particular - that in this respect, as in others, death distorts and undermines the course of the law.