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Articles 1 - 13 of 13

Full-Text Articles in Evidence

The Bb Gun: A Harmless Toy Or Deadly Weapon? Practical Guidance For Objective Fact Finding In A Criminal Case, Steven N. Gosney, John Zak Jan 2019

The Bb Gun: A Harmless Toy Or Deadly Weapon? Practical Guidance For Objective Fact Finding In A Criminal Case, Steven N. Gosney, John Zak

Criminal Law Practitioner

No abstract provided.


Visualizing Dna Proof, Nicholas L. Georgakopoulos Jan 2015

Visualizing Dna Proof, Nicholas L. Georgakopoulos

Criminal Law Practitioner

No abstract provided.


Unspringing The Witness Memory And Demeanor Trap: What Every Judge And Juror Needs To Know About Cognitive Psychology And Witness Credibility, Mark W. Bennett Jan 2015

Unspringing The Witness Memory And Demeanor Trap: What Every Judge And Juror Needs To Know About Cognitive Psychology And Witness Credibility, Mark W. Bennett

American University Law Review

The soul of America's civil and criminal justice systems is the ability of jurors and judges to accurately determine the facts of a dispute. This invariably implicates the credibility of witnesses. In making credibility determinations, jurors and judges necessarily decide the accuracy of witnesses' memories and the effect of the witnesses' demeanor on their credibility. Almost all jurisdictions' pattern jury instructions about witness credibility explain nothing about how a witness's memories for events and conversations work-and how startlingly fallible memories actually are. They simply instruct the jurors to consider the witness's "memory" with no additional guidance. Similarly, the same pattern …


Exploring The Prejudicial Effect Of Gang Evidence: Under What Conditions Will Jurors Ignore Reasonable Doubt, Mitchell L. Eisen, Brenna M. Dotson Jan 2014

Exploring The Prejudicial Effect Of Gang Evidence: Under What Conditions Will Jurors Ignore Reasonable Doubt, Mitchell L. Eisen, Brenna M. Dotson

Criminal Law Practitioner

No abstract provided.


On Professionalism, Civility, & Discovery, Kathryn Todryk Jan 2014

On Professionalism, Civility, & Discovery, Kathryn Todryk

Criminal Law Practitioner

No abstract provided.


On Demonstrative Evidence And Trial Graphics: What Works And What Doesn't, Ryan Flax Jan 2014

On Demonstrative Evidence And Trial Graphics: What Works And What Doesn't, Ryan Flax

Criminal Law Practitioner

No abstract provided.


The 'Rhyme Or Reason' Behind Prosecutorial Use Of Rape Lyrics As Evidence In Criminal Trials, Robery Nothdurft Jr Jan 2014

The 'Rhyme Or Reason' Behind Prosecutorial Use Of Rape Lyrics As Evidence In Criminal Trials, Robery Nothdurft Jr

Criminal Law Practitioner

No abstract provided.


Stepping Out Of The Vehicle: The Potential Of Arizona V. Gant To End Automatic Searches Incident To Arrest Beyond The Vehicular Context , Angad Singh Jan 2010

Stepping Out Of The Vehicle: The Potential Of Arizona V. Gant To End Automatic Searches Incident To Arrest Beyond The Vehicular Context , Angad Singh

American University Law Review

No abstract provided.


Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled , Ross M. Oklewicz Jan 2010

Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled , Ross M. Oklewicz

American University Law Review

No abstract provided.


Procuring The Right To An Unfair Trial: Federal Rule Of Evidence 804(B)(6) And The Due Process Implications Of The Rule's Failure To Require Standards Of Reliability For Admissible Evidence, Kelly Rutan Jan 2006

Procuring The Right To An Unfair Trial: Federal Rule Of Evidence 804(B)(6) And The Due Process Implications Of The Rule's Failure To Require Standards Of Reliability For Admissible Evidence, Kelly Rutan

American University Law Review

This Comment argues that though the doctrine of forfeiture by wrongdoing allows a court to forfeit both a defendant’s right to object to the admission of hearsay statements and the right of confrontation, the current state of the law requires all out-of-court statements admitted under Rule 804(b)(6) to possess some level of reliability in order to satisfy due process. Part I of this Comment discusses the doctrine of forfeiture by wrongdoing, the courts’ treatment of this principle prior to 1997, and its codification into the Federal Rules of Evidence. Part II looks at Confrontation Clause issues unique to hearsay exceptions …


The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch Jan 1998

The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey Oct 1997

Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey

American University Law Review

No abstract provided.


The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland Jan 1994

The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland

American University Law Review

No abstract provided.