Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Evidence (16)
- Criminal Law and Procedure (15)
- Constitutional Law (5)
- Jurisprudence (5)
- Courts (4)
-
- Criminal Law (4)
- Derecho Procesal Civil (4)
- Law and Society (4)
- Legislation (4)
- Derecho Civil (3)
- Judges (3)
- Law Enforcement and Corrections (3)
- Law and Technology (3)
- Poetry (3)
- Practice and Procedure (3)
- The Reason Curve (3)
- Criminal Justice (2)
- Culpable Mental State (2)
- DNA (2)
- Designer Drugs (2)
- First Amendment (2)
- Friendship (2)
- General Law (2)
- Jeffre Grass (2)
- Juries (2)
- Jury Trials (2)
- Legal History (2)
- McFadden (2)
- Mens Rae (2)
- Psychology and Psychiatry (2)
- Publication Year
- Publication
-
- Bethel G.A Erastus-Obilo (8)
- Edward Ivan Cueva (7)
- Liz Campbell (6)
- Darryl K. Brown (2)
- Jeffrey C. Grass JD, MS, ACLM (2)
-
- Adam Lamparello (1)
- Antonin I. Pribetic (1)
- Ariel Porat (1)
- Bernard Sama (1)
- Brett A Bauman (1)
- Brian A Ford (1)
- Curtis E.A. Karnow (1)
- Dale E Ho (1)
- Daniel M Braun (1)
- Don R Berthiaume (1)
- Elisa Poteat (1)
- Hon. Donald E. Shelton (1)
- Jessica Silbey (1)
- John L Anderson (1)
- Kathryn K Polonsky (1)
- Keith A Findley (1)
- Kelly Strader (1)
- Matan Shmuel (1)
- Matthew J. Peterson (1)
- Nicholas L Georgakopoulos (1)
- Steven R Morrison (1)
- Theodore Y. Blumoff (1)
- Timothy A Wiseman (1)
- Trisha Olson (1)
- File Type
Articles 1 - 30 of 49
Full-Text Articles in Evidence
Implementing The Lessons From Wrongful Convictions: An Empirical Analysis Of Eyewitness Identification Reform Strategies, Keith A. Findley
Implementing The Lessons From Wrongful Convictions: An Empirical Analysis Of Eyewitness Identification Reform Strategies, Keith A. Findley
Keith A Findley
Learning about the flaws in the criminal justice system that have produced wrongful convictions has progressed at a dramatic pace since the first innocent individuals were exonerated by postconviction DNA testing in 1989. Application of that knowledge to improving the criminal justice system, however, has lagged far behind the growth in knowledge. Likewise, while considerable scholarship has been devoted to identifying the factors that produce wrongful convictions, very little scholarly attention has been devoted to the processes through which knowledge about causes is translated into reforms.
Using eyewitness misidentification—one of the leading contributors to wrongful convictions and the most thoroughly …
Visualizing Dna Proof, Nicholas L. Georgakopoulos
Visualizing Dna Proof, Nicholas L. Georgakopoulos
Nicholas L Georgakopoulos
DNA proof inherently involves the use of probability theory, which is often counterintuitive. Visual depictions of probability theory, however, can clarify the analysis and make it tractable. A DNA hit from a large database is a notoriously difficult probability theory issue, yet the visuals should enable courts and juries to handle it. The Puckett facts are an example of a general approach: A search in a large DNA database produces a hit for a cold crime from 1972 San Francisco. Probability theory allows us to process the probabilities that someone else in the database, someone not in the database, or …
Mcfadden V. United States: Deconstructing Synthetic Drug Prosecutions, Jeffrey C. Grass Jd, Ms, Aclm
Mcfadden V. United States: Deconstructing Synthetic Drug Prosecutions, Jeffrey C. Grass Jd, Ms, Aclm
Jeffrey C. Grass JD, MS, ACLM
Since January 2014, nationwide law enforcement operations have been conducted targeting drug trafficking organizations operating in communities across the country. The Drug Enforcement Administration (“DEA”), Customs and Border Protection, Immigration and Customs Enforcement (“ICE”), Homeland Security Investigations (“HSI”), Federal Bureau of Investigation (“FBI”), Internal Revenue Service (“IRS”), with other federal, state, and local partners announced the culmination of Project Synergy Phase II, an ongoing law enforcement operation targeting every level of the global synthetic designer drug market. The DEA Special Operations Division (“SOD”) working with the DEA Office of Diversion Control (“ODC”) has served arrest and search warrants in thirty-five …
Mcfadden V. United States: Deconstructing Synthetic Drug Prosecutions, Jeffrey C. Grass Jd, Ms, Aclm
Mcfadden V. United States: Deconstructing Synthetic Drug Prosecutions, Jeffrey C. Grass Jd, Ms, Aclm
Jeffrey C. Grass JD, MS, ACLM
n order to convict an individual of distribution of a controlled substance analogue, must the government prove that the individual knew that the substance constituted a controlled substance analogue, or is it sufficient merely to prove that the individual distributed the substance with the intention that it be for human consumption?
Gay Panic And The Case For Gay Shield Laws, Kelly Strader, Molly Selvin, Lindsey Hay
Gay Panic And The Case For Gay Shield Laws, Kelly Strader, Molly Selvin, Lindsey Hay
Kelly Strader
In a highly publicized “gay panic” case, Brandon McInerney shot and killed Larry King in their middle school classroom. King was a self-identified gay student who sometimes wore jewelry and makeup to school and, according to those who knew him, was possibly transgender. Tried as an adult for first-degree murder, McInerney asserted a heat of passion defense based upon King’s alleged sexual advances. The jury deadlocked, with a majority accepting McInerney’s defense. Drawing largely upon qualitative empirical research, this article uses the Larry King murder case as a prism though which to view the doctrinal, theoretical, and policy bases of …
Discretion Abused: Reinterpreting The Appellate Standard Of Review For Hearsay, Matthew J. Peterson
Discretion Abused: Reinterpreting The Appellate Standard Of Review For Hearsay, Matthew J. Peterson
Matthew J. Peterson
Matthew J. Peterson, Discretion Abused: Reinterpreting the Appellate Standard of Review for Hearsay
Abstract:
The decision by a federal a court to exclude or admit hearsay can be crucial to the case of either party. Despite this prospective impact, the federal courts of appeal currently defer to district courts’ expertise by reviewing a district court’s decision to admit or exclude hearsay for an abuse of discretion. Such deference often insulates district courts’ incorrect interpretation of the rule against hearsay and the improper application of the exclusions and exceptions to the rule from appellate reversal.
Lowering the standard of review for …
Rationality, Insanity, And The Insanity Defense: Reflections On The Limits Of Reason, Theodore Y. Blumoff
Rationality, Insanity, And The Insanity Defense: Reflections On The Limits Of Reason, Theodore Y. Blumoff
Theodore Y. Blumoff
Individuals who suffer from chronic paranoid ideations live with deeply embedded conspiratorial delusions that are sometimes accompanied by unwanted visual and/or auditory stimuli, sometime neither: just psychotic delusions in which they feel as if they have lost control of their lives – and of course they have, albeit not from the performances of foreign forces. When those perceived forces persevere for even a fairly short period of time, they can dictate the performance of evil deeds that the individual ultimately feels helpless to oppose. What observations and findings from neuroscience make clear is that such individuals do not lack knowledge, …
Finding The Foregone Conclusions Of Encryption, Timothy A. Wiseman
Finding The Foregone Conclusions Of Encryption, Timothy A. Wiseman
Timothy A Wiseman
Encryption is commonly used to protect private information, for both legitimate and illegitimate reasons. Courts have been struggling to determine when, within the bounds of the Fourth and Fifth Amendments, the Courts may compel a defendant in a criminal case to decrypt their data.
This article argues that a broad use of the Forgone Conclusion doctrine would permit the Courts to order a defendant to decrypt their data when the prosecution can show with reasonable particularity the existence and location of the encrypted documents, that they are likely to be incriminating, and that the government can authenticate them without the …
Back To The Future: The Constitution Requires Reasonableness And Particularity—Introducing The “Seize But Don’T Search” Doctrine, Adam Lamparello, Charles E. Maclean
Back To The Future: The Constitution Requires Reasonableness And Particularity—Introducing The “Seize But Don’T Search” Doctrine, Adam Lamparello, Charles E. Maclean
Adam Lamparello
Issuing one-hundred or fewer opinions per year, the United States Supreme Court cannot keep pace with opinions that match technological advancement. As a result, in Riley v. California and United States v. Wurie, the Court needs to announce a broader principle that protects privacy in the digital age. That principle, what we call “seize but don’t search,” recognizes that the constitutional touchstone for all searches is reasonableness.
When do present-day circumstances—the evolution in the Government’s surveillance capabilities, citizens’ phone habits, and the relationship between the NSA and telecom companies—become so thoroughly unlike those considered by the Supreme Court thirty-four years …
Not For The Truth Of The Matter: Defendant's Hearsay And The Necessity Of Limiting Instructions In Psychological Defenses, Brian A. Ford
Not For The Truth Of The Matter: Defendant's Hearsay And The Necessity Of Limiting Instructions In Psychological Defenses, Brian A. Ford
Brian A Ford
This paper presents a thorough discussion of the use of a defendant's hearsay statements to a psychological expert as the basis of the expert's opinion at trial, under California Law.
The Piranha Is As Deadly As The Shark: A Case For The Limitation On Deceptive Practices In Dna Collection, Brett A. Bauman
The Piranha Is As Deadly As The Shark: A Case For The Limitation On Deceptive Practices In Dna Collection, Brett A. Bauman
Brett A Bauman
Police deception tactics are utilized throughout the United States as a way to catch unsuspecting criminals. Although criticized in many respects, most deceptive police techniques are not only legal, but are actually encouraged. DNA collection and analysis is no exception—techniques are frequently used by law enforcement officers in an attempt to collect a suspect’s genetic specimen in the interest of solving crimes. While law enforcement officers typically have the best interests of society in mind, the current practices employed by officers to collect suspects’ DNA violate the Fourth Amendment. The Fourth Amendment provides protection against unreasonable searches and seizures, and …
Cipa V. State Secrets: How A Few Mistakes Confused Two Important National Security Privileges, Elisa Poteat
Cipa V. State Secrets: How A Few Mistakes Confused Two Important National Security Privileges, Elisa Poteat
Elisa Poteat
No abstract provided.
Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun
Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun
Daniel M Braun
In this new Millennium -- an era of increasingly complex cases -- it is critical that lawyers keep a keen eye on trial strategy and tactics. Although scientific evidence today is more sophisticated than ever, the art of effectively engaging people and personalities remains prime. Scientific data must be contextualized and presented in absorbable ways, and attorneys need to ensure not only that they correctly understand jurors, judges, witnesses, and accused persons, but also that they find the means to make their arguments truly resonate if they are to formulate an effective case and ultimately realize justice. A decades-old case …
The System Of Modern Criminal Conspiracy, Steven R. Morrison
The System Of Modern Criminal Conspiracy, Steven R. Morrison
Steven R Morrison
Something has changed in the modern system of American criminal conspiracy law compared to its prior iterations. This article explores that change, arguing that the system of modern criminal conspiracy now gives to the government such great discretion to charge and prove a conspiracy that unpopular ideas and the speech that expresses them have become ready subjects of prosecution. At its center, this article defines the system of modern conspiracy law, which is one of uniformity rather than dynamism. Where dynamic systems of law contain distinct components that perform different tasks (proving actus reus and mens rea, for example), the …
Asymmetries And Incentives In Plea Bargaining And Evidence Production, Saul Levmore, Ariel Porat
Asymmetries And Incentives In Plea Bargaining And Evidence Production, Saul Levmore, Ariel Porat
Ariel Porat
Legal rules severely restrict payments to fact witnesses, though the government can often offer plea bargains or other nonmonetary inducements to encourage testimony. This asymmetry is something of a puzzle, for most asymmetries in criminal law favor the defendant. The asymmetry seems to disappear where physical evidence is at issue. One goal of this Essay is to understand the distinctions, or asymmetries, between monetary and nonmonetary payments, testimonial and physical evidence, and payments by the prosecution as opposed to the defense. Another is to suggest ways in which law could better encourage the production of evidence, and thus the efficient …
The Label Of Life Imprisonment In Australia: A Principled Or Populist Approach To An Ultimate Sentence, John L. Anderson
The Label Of Life Imprisonment In Australia: A Principled Or Populist Approach To An Ultimate Sentence, John L. Anderson
John L Anderson
No abstract provided.
The Basics Of Us Criminal Justice System, Bethel G.A Erastus-Obilo
The Basics Of Us Criminal Justice System, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
The criminal justice system is complex. It is also bureaucratic by design and has evolved over the years from simple unstructured peacekeeping units to the large complex crime-fighting system that it is today. Many of those who work within it find it challenging and unwieldy. Many of those who are accused of an offense find it confusing and intimidating. This goes for citizens and foreigners whether they are competent in the English language or not. For most members of ethnic minority groups, the experience can be harrowing and often fatal.
The Right To Remain Silent: Addressing A Government Attorney Client Privilege In The Context Of A Grand Jury Subpoena, Matan Shmuel
The Right To Remain Silent: Addressing A Government Attorney Client Privilege In The Context Of A Grand Jury Subpoena, Matan Shmuel
Matan Shmuel
This article presents a resolution for the circuit split over whether a federal agency can invoke the attorney client privilege in a federal grand jury investigation. This article analyzes the current state of the law across each circuit and provides a resolution of the conflict for the supreme court to consider. The resolution involves a balancing test which weighs three competing factors: public need for the information; government need in confidentiality; and grand jury interest in the information. The solution is intended for the supreme court to consider when this issue hits the court
Images In/Of Law, Jessica M. Silbey
Images In/Of Law, Jessica M. Silbey
Jessica Silbey
The proliferation of images in and of law lends itself to surprisingly complex problems of epistemology and power. Understanding through images is innate; most of us easily understand images without thinking. But arriving at mutually agreeable understandings of images is also difficult. Translating images into shared words leads to multiple problems inherent in translation and that pose problems for justice. Despite our saturated imagistic culture, we have not established methods to pursue that translation process with confidence. This article explains how images are intuitively understood and yet collectively inscrutable, posing unique problems for resolving legal conflicts that demand common and …
Defense Counsel, Trial Judges, And Evidence Production Protocols, Darryl K. Brown
Defense Counsel, Trial Judges, And Evidence Production Protocols, Darryl K. Brown
Darryl K. Brown
This essay, a contribution to the 2012 Texas Tech Symposium on the Sixth Amendment, argues that constitutional criminal adjudication provisions are fruitfully viewed not primarily as defendant rights but as procedural components that, when employed, maximize the odds that adversarial adjudication will succeed in its various goals, notably accurate judgments. On this view, the state has an interest in how those procedural mechanisms, especially regarding fact investigation and evidence gathering, are invoked or implemented. Deficient attorney performance, on this view, can be understood as a problem of the state’s adversarial adjudication process, for which public officials—notably judges, whose judgments depend …
Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr
Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr
Bernard Sama
The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …
A Theory Of The Perverse Verdict, Bethel G.A Erastus-Obilo
A Theory Of The Perverse Verdict, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
The concept of a perverse verdict is one that pervades the Criminal justice system of nearly all common law jurisdictions. The English Criminal Justice system is no exception and the concept has become institutionalised as if it were a true occurrence. This paper challenges the idea and argues that it is, technically, a legal non-event given the system of trial by jury. The theory is that besides the jury, no one else is invested with the power and authority to declare a verdict and this position is supported both by legal custom and the mechanism of the criminal justice system. …
Curtains, Bethel G.A Erastus-Obilo
Curtains, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
This is the story of life in all its glory and eternal ramifications. This is the story of us.
I Wept, Bethel G.A Erastus-Obilo
I Wept, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
It is not always what we expect to find in love but sometimes, we look in the worng places. We fail to notice that what we always wanted and sought was always in front of us.
Vanity Of Vanities, Bethel G.A Erastus-Obilo
Vanity Of Vanities, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
All that we see and all that we do are emptied into the eternal abyss of nothingness and vain glory. All the we have and all own us are intertwined in the great deception of man. Vanity of vanities, says the preacher, all is vanity
A Criminal Moment In Time, Bethel G.A Erastus-Obilo
A Criminal Moment In Time, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
Criminal law jurisprudence considers the concepts of motive, intent and the forbidden act integral to the justice process. Throughout the common law jurisdictions, this trio overshadows a central theme that is a precursor to all criminal acts – the idea of a social responsibility continuum or cognitive dependency. While motive is dispositional on a wider application, intent is situational and is a product of one’s socio-cultural experience. The forbidden act, though central to the process, constitutes ‘a faithful mirror of thought’ – the consummation of a deliberate and manipulated cognition. The nexus between the three subjects extends beyond the Cartesan …
Jury Deliberations – How Do Reasoning Skills Interplay With Decision-Making?, Bethel G.A Erastus-Obilo
Jury Deliberations – How Do Reasoning Skills Interplay With Decision-Making?, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
We may well wonder how the Casey Anthony reached its verdict in spite of what many of us thought was a raft of compelling evidence. In order to understand some of the nuances at play, it is important to understand some of the issues that confront a jury and how the criminal justice system ensures or attempts to ensure a fair outcome in our trial by jury system
Jury Continuum, Bethel G.A Erastus-Obilo
Jury Continuum, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
Jury deliberations – how do reasoning skills interplay with decision-making?We may well wonder how the Casey Anthony jury reached its verdict in spite of what many of us thought was a raft of compelling evidence for conviction. In order to understand some of the nuances at play, it is important to understand some of the issues that confront a jury and how the criminal justice system ensures or attempts to ensure a fair outcome in our trial by jury system. At the risk of stating the obvious, one of the most enduring features of our criminal justice system is the …
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Statistics In Law: Bad Inferences & Uncommon Sense, Curtis E.A. Karnow
Statistics In Law: Bad Inferences & Uncommon Sense, Curtis E.A. Karnow
Curtis E.A. Karnow
A review of classic fallacies in statistics and probability in the courts. The article briefly, and in plain English, provides an introduction to probability theory, and randomness.