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Full-Text Articles in Evidence

The Truthsayer And The Court: Expert Testimony On Credibility, Michael W. Mullane Apr 2020

The Truthsayer And The Court: Expert Testimony On Credibility, Michael W. Mullane

Maine Law Review

The purpose of this Article is to analyze the admissibility of expert testimony on credibility. State v. Woodburn serves as a lens to focus on the broader issues. The primary issue is an examination of expert testimony on credibility in light of the Federal Rules of Evidence and their progeny. The Rules of Evidence mandate admission or exclusion of expert testimony based on certain criteria. How are these criteria applied to expert testimony on credibility? How should they be applied? The surprising survivability of other criteria discarded by the Rules is also considered.


Sweet Caroline: The Backslide From Federal Rule Of Evidence 613(B) To The Rule In Queen Caroline's Case, Katharine T. Schaffzin Jan 2014

Sweet Caroline: The Backslide From Federal Rule Of Evidence 613(B) To The Rule In Queen Caroline's Case, Katharine T. Schaffzin

University of Michigan Journal of Law Reform

Since 1975, Rule 613(b) of the Federal Rules of Evidence has governed the admission of extrinsic evidence of a prior inconsistent statement in federal court. Rule 613(b) requires the proponent of the prior inconsistent statement to provide the declarant an opportunity to explain or deny it. There is no requirement that the proponent provide that opportunity at any particular time or in any particular sequence. Rule 613 reflected a change from the common law that had fallen out of fashion in the federal courts. That common law rule, known as the Rule in Queen Caroline’s Case, required the proponent of …


Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon Nov 2012

Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon

Pepperdine Law Review

No abstract provided.


The Unreliability Of Testimony From A Witness With Multiple Personality Disorder (Mpd): Why Courts Must Acknowledge The Connection Between Hypnosis And Mpd And Adopt A “Per Se” Rule Of Exclusion For Mpd Testimony, Mark Anthony Miller Oct 2012

The Unreliability Of Testimony From A Witness With Multiple Personality Disorder (Mpd): Why Courts Must Acknowledge The Connection Between Hypnosis And Mpd And Adopt A “Per Se” Rule Of Exclusion For Mpd Testimony, Mark Anthony Miller

Pepperdine Law Review

No abstract provided.


Substance And Method In The Year 2000, Akhil Reed Amar Oct 2012

Substance And Method In The Year 2000, Akhil Reed Amar

Pepperdine Law Review

No abstract provided.


Testimony For Sale: The Law And Ethics Of Snitches And Experts, George C. Harris Jul 2012

Testimony For Sale: The Law And Ethics Of Snitches And Experts, George C. Harris

Pepperdine Law Review

No abstract provided.


"An Opportunity For Effective Cross-Examination": Limits On The Confrontation Right Of The Pro Se Defendant, Alanna Clair May 2009

"An Opportunity For Effective Cross-Examination": Limits On The Confrontation Right Of The Pro Se Defendant, Alanna Clair

University of Michigan Journal of Law Reform

The rights of a defendant to confront his accusers and conduct his defense without the assistance of counsel are sacrosanct in the American judicial system. The rights of the defendant are even sometimes exalted at the expense of the rights of the public or of victims of crime. This Note examines the problem of a pro se defendant using his confrontation right to intimidate or harass his alleged victims testifying against him. It is well-established that the confrontation right is not unconditional. The problem comes in determining whether the courts can place limits on the confrontation right of a pro …


Access To Information, Access To Justice: The Role Of Presuit Investigatory Discovery, Lonny Sheinkopf Hoffman Dec 2007

Access To Information, Access To Justice: The Role Of Presuit Investigatory Discovery, Lonny Sheinkopf Hoffman

University of Michigan Journal of Law Reform

What is the relationship between access to information and access to justice? Private parties obviously have many publicly available points of access to the information they seek in order to file a lawsuit. Lawyers can talk to their clients and other willing witnesses. Documents can be gathered. Specific statutes may sometimes permit information to be obtained before a formal lawsuit is brought. On other occasions, however, information needed or desired will lie solely within the exclusive knowledge and control of another The ability of private parties to compel the production of information, documents, or testimony before litigation rarely has been …


Bayes' Law, Sequential Uncertainties, And Evidence Of Causation In Toxic Tort Cases, Neal C. Stout, Peter A. Valberg Jul 2005

Bayes' Law, Sequential Uncertainties, And Evidence Of Causation In Toxic Tort Cases, Neal C. Stout, Peter A. Valberg

University of Michigan Journal of Law Reform

Judges are the gatekeepers of evidence. Arguably, the most difficult duty for a judicial gatekeeper is to screen the reliability of expert opinions in scientific fields such as medicine that are beyond the ken of most judges. Yet, judges have a duty to scrutinize such expert opinion evidence to determine its reliability and admissibility. In toxic tort cases, the issue of causation-whether the alleged exposures actually caused the plaintiffs injury-is nearly always the central dispute, and determining admissibility of expert causation opinion is a daunting challenge for most judges. We present a comprehensive review of the courts' struggles with the …


Rethinking The Role Of Expert Testimony Regarding The Reliability Of Eyewitness Identifications In New York, Scott Woller Jan 2004

Rethinking The Role Of Expert Testimony Regarding The Reliability Of Eyewitness Identifications In New York, Scott Woller

NYLS Law Review

No abstract provided.


Proposed Amendments To Fed. R. Crim. P. 26: An Exchange: Remote Testimony - A Prosecutor's Perspective, Lynn Helland Jun 2002

Proposed Amendments To Fed. R. Crim. P. 26: An Exchange: Remote Testimony - A Prosecutor's Perspective, Lynn Helland

University of Michigan Journal of Law Reform

Although the Supreme Court has declined, for now, to endorse the Judicial Conference proposal to add a Rule 26(b) of the Federal Rules of Criminal Procedure to permit live video testimony under limited circumstances, I agree with Professor Friedman that the matter is far from over. This is both because the potential benefits to be realized from the use of remote video testimony are too large to ignore and because, on closer inspection, any Confrontation Clause concerns that might underlie the Court's hesitation to adopt the proposal are not warranted. My purpose in writing is to summarize some of the …


Rule 607: Who May Impeach Jan 1996

Rule 607: Who May Impeach

Touro Law Review

No abstract provided.


Rule 702: Testimony By Experts Jan 1996

Rule 702: Testimony By Experts

Touro Law Review

No abstract provided.


Rule 704: Opinion On Ultimate Issue Jan 1996

Rule 704: Opinion On Ultimate Issue

Touro Law Review

No abstract provided.


Rule 803(18): Learned Treatises Jan 1996

Rule 803(18): Learned Treatises

Touro Law Review

No abstract provided.


Rule 412: Sex Offense Cases; Relevance Of Alleged Victim's Past Sexual Behavior Or Alleged Sexual Disposition Jan 1996

Rule 412: Sex Offense Cases; Relevance Of Alleged Victim's Past Sexual Behavior Or Alleged Sexual Disposition

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.


Panel Discussion Jan 1994

Panel Discussion

Touro Law Review

No abstract provided.


Expert Testimony, Barry C. Scheck Jan 1994

Expert Testimony, Barry C. Scheck

Touro Law Review

No abstract provided.


The Supreme Court Rules On Statements Against Interest, Michael M. Martin Jan 1994

The Supreme Court Rules On Statements Against Interest, Michael M. Martin

Touro Law Review

No abstract provided.


Character Evidence, James L. Kainen Jan 1994

Character Evidence, James L. Kainen

Touro Law Review

No abstract provided.


Coconspirator Statements And Former Testimony In New York And Federal Courts With Some Comments On Codification, Randolph N. Jonakait Jan 1994

Coconspirator Statements And Former Testimony In New York And Federal Courts With Some Comments On Codification, Randolph N. Jonakait

Touro Law Review

No abstract provided.


Burdens Of Proof, Jose E. Alvarez Jan 1993

Burdens Of Proof, Jose E. Alvarez

Michigan Journal of International Law

Review of the book Fact-Finding Before International Tribunals edited by Richard B. Lillich


Fourth, Fifth, And Sixth Amendments, William E. Hellerstein Jan 1991

Fourth, Fifth, And Sixth Amendments, William E. Hellerstein

Touro Law Review

No abstract provided.


Videotaping Children's Testimony: An Empirical View, Paula E. Hill, Samuel M. Hill Feb 1987

Videotaping Children's Testimony: An Empirical View, Paula E. Hill, Samuel M. Hill

Michigan Law Review

Increases in the number of reported incidents of child abuse and sexual molestation have resulted in more and younger children becoming courtroom participants. Some courts refuse to consider the special needs of the child in this adversarial environment. Relying on questionable precedent, these courts hold that the defendant's right to directly confront the child, as well as strict compliance with evidentiary rules, overrides that child's interest in freedom from embarrassment or psychological trauma. This Note focuses on pressures felt by the testifying child and the ways in which these pressures affect her testimony; it then proposes using videotaped testimony as …


Legal Psychology: Eyewitness Testimony--Jury Behavior, Michigan Law Review Mar 1983

Legal Psychology: Eyewitness Testimony--Jury Behavior, Michigan Law Review

Michigan Law Review

A Review of Legal Psychology: Eyewitness Testimony--Jury Behavior by L. Craig Parker


A Reconsideration Of The Sworn Testimony Requirement: Securing Truth In The Twentieth Century, Michigan Law Review Aug 1977

A Reconsideration Of The Sworn Testimony Requirement: Securing Truth In The Twentieth Century, Michigan Law Review

Michigan Law Review

The purpose of this Note is relatively modest-to explore whether the traditional uncritical confidence placed in the sworn nature of testimony is justified in light of twentieth-century practice. As such, its intention is not to propose legal reforms, but rather to invite its readers to pause and reconsider a ritual too often taken for granted by the legal profession. To this end, this Note will examine the following factors influencing the character of the oath in modern times: the common-law and religious roots of the oath, the rise of nonreligious affirmation within the last century, the relationship between the oath …


Evidence--Medical Treatises To Be Admitted As Direct Evidence In Wisconsin--Lewandowski V. Preferred Risk Mutual Ins. Co., Michigan Law Review Nov 1967

Evidence--Medical Treatises To Be Admitted As Direct Evidence In Wisconsin--Lewandowski V. Preferred Risk Mutual Ins. Co., Michigan Law Review

Michigan Law Review

Defendant's attorney in a personal injury action sought on cross-examination to impeach plaintiff's physician regarding his determination of the degree of plaintiff's disability by referring to the medical standards set forth in the American Medical Association's Guide to the Evaluation of Permanent Impairment--The Extremities and Back. Pointing to the physician's testimony that he had not relied on the Guide in making his evaluation, the trial court sustained plaintiff's objection that such cross-examination was not permissible. On appeal, the Wisconsin Supreme Court held that the trial court was correct in sustaining the objection in accordance with the established rule that it …


Criminal Law - Contradictory Statements Under Oath As Grounds For Perjury In The Federal Courts, Richard M. Adams S.Ed. Jun 1955

Criminal Law - Contradictory Statements Under Oath As Grounds For Perjury In The Federal Courts, Richard M. Adams S.Ed.

Michigan Law Review

Perjury has frequently been described as one of the more difficult convictions to obtain, and the truth of this saying is no better illustrated than in the case of Harvey Matusow. During the two years in which ex-Communist Matusow served as a professional government witness, he accused 180 or more persons as being members of the Communist Party or Communist sympathizers. This same witness has now described himself as a "habitual and perpetual liar" and has publicly admitted that all of his previous testimony was false. On the strength of this recantation, motions were filed for a new trial in …


Witnesses - "Dead Man's. Act" - Discretion Of Court, George A. Rinker S.Ed. Apr 1948

Witnesses - "Dead Man's. Act" - Discretion Of Court, George A. Rinker S.Ed.

Michigan Law Review

In an action against an executor to recover money alleged loaned to decedent, plaintiff introduced testimony of a third party regarding a conversation between plaintiff and decedent in which decedent said, "I owe you five hundred and twenty dollars and you will get every cent of it." Plaintiff then testified, over objection, as to the circumstances and terms of the alleged loan. The transaction was oral, and there was no other evidence relating to the circumstances or terms of the loan. From a judgment for plaintiff, defendant appealed, assigning as error the overruling of his objection to plaintiff's competency as …