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Articles 1 - 29 of 29

Full-Text Articles in Evidence

Prosecutorial Storytelling Through Intrinsic Evidence, Brian Chen Apr 2024

Prosecutorial Storytelling Through Intrinsic Evidence, Brian Chen

Pepperdine Law Review

Crimes make for compelling stories. So juries make for an eager audience. Jurors want to—indeed, expect to—learn what the defendant did, how they did it, and why they deserve punishment. Capable prosecutors know how to deliver. Trial narratives empower jurors to link discrete pieces of evidence and infer facts from circumstantial proof. Only then can they render a verdict consistent with their sense of justice. Federal courts thus afford wide leeway for prosecutors to present their case as they please, with the evidence at their disposal. The Federal Rules of Evidence delineates the scope of that discretion. Under Rule 404(b), …


The "Unfairness" Proof: Exposing The Fatal Flaw Hidden In The Rule Governing The Use Of Criminal Convictions To Impeach Character For Truthfulness, Robert Steinbuch Feb 2022

The "Unfairness" Proof: Exposing The Fatal Flaw Hidden In The Rule Governing The Use Of Criminal Convictions To Impeach Character For Truthfulness, Robert Steinbuch

Pepperdine Law Review

Federal Rule of Evidence 609 (adopted by various states as well) allows for the introduction of certain convictions at trial to impeach the credibility— i.e., character for truthfulness—of any witness. The rule bifurcates its requirements between those that apply to criminal defendants—who, in theory, are afforded greater protection throughout the law than are all other participants in trials—and all remaining witnesses. The most important distinction between the standards that apply to these two classes of witnesses is that for prior crimes of criminal defendants to be introduced to impeach their credibility, those wrongdoings must survive a special balancing test spelled …


The Unintended Consequences Of California Proposition 47: Reducing Law Enforcement’S Ability To Solve Serious, Violent Crimes, Shelby Kail Aug 2017

The Unintended Consequences Of California Proposition 47: Reducing Law Enforcement’S Ability To Solve Serious, Violent Crimes, Shelby Kail

Pepperdine Law Review

For many years, DNA databases have helped solve countless serious, violent crimes by connecting low-level offenders to unsolved crimes. Because the passage of Proposition 47 reduced several low-level crimes to misdemeanors, which do not qualify for DNA sample collection, Proposition 47 has severely limited law enforcement’s ability to solve serious, violent crimes through California’s DNA database and reliable DNA evidence. This powerful law enforcement tool must be preserved to prevent additional crimes from being committed, to exonerate the innocent, and to provide victims with closure through conviction of their assailants or offenders. Proposition 47’s unintended consequences have led to devastating …


Bias In Blue: Instructing Jurors To Consider The Testimony Of Police Officer Witnesses With Caution, Vida B. Johnson Apr 2017

Bias In Blue: Instructing Jurors To Consider The Testimony Of Police Officer Witnesses With Caution, Vida B. Johnson

Pepperdine Law Review

Jurors in criminal trials are instructed by the judge that they are to treat the testimony of a police officer just like the testimony of any other witness. Fact-finders are told that they should not give police officer testimony greater or lesser weight than any other witness they will hear from at trial. Jurors are to accept that police are no more believable or less believable than anyone else. Jury instructions regarding police officer testimony stand in contrast to the instructions given to jurors when a witness with a legally recognized interest in the outcome of the case has testified. …


Sticks And Stones May Break My Bones, But Words Will Always Hurt Me: Why California Should Expand The Admissibility Of Prior Acts Of Child Abuse, Lindsay Gochnour Mar 2016

Sticks And Stones May Break My Bones, But Words Will Always Hurt Me: Why California Should Expand The Admissibility Of Prior Acts Of Child Abuse, Lindsay Gochnour

Pepperdine Law Review

This Comment seeks to explore the effect that the admissibility of prior bad acts evidence would have on child maltreatment cases and the benefits that would be afforded to child abuse victims if they were provided the same legal protections as victims of other crimes. This Comment argues that expanding the California Evidence Code to allow the admission of prior acts of psychological and emotional child maltreatment would make great progress for the protection of child abuse victims and the prosecution of their (often losing) cases.


Discovery By The Prosecution In Criminal Cases: Prudhomme Reconsidered , Jon R. Rolefson May 2013

Discovery By The Prosecution In Criminal Cases: Prudhomme Reconsidered , Jon R. Rolefson

Pepperdine Law Review

No abstract provided.


Limiting The Use Of Prior Felony Convictions To Impeach A Defendant - Witness In California Criminal Proceedings, Richard E. Boehm May 2013

Limiting The Use Of Prior Felony Convictions To Impeach A Defendant - Witness In California Criminal Proceedings, Richard E. Boehm

Pepperdine Law Review

No abstract provided.


United States V. Salvucci: The Problematic Absence Of Automatic Standing, William C. Bollard Feb 2013

United States V. Salvucci: The Problematic Absence Of Automatic Standing, William C. Bollard

Pepperdine Law Review

The United States Supreme Court recently abolished the automatic standing rule in United States v. Salvucci. The author analyzes the difficulties created for the criminal defendant charged with a possessory crime. In particular, this note focuses on the inequitable position the defendant is placed in when his suppression hearing testimony is used as a tool to impeach subsequent testimony offered at trial. The author continues by pointing out that the "prosecutorial self-contradiction," sought to be abolished in Salvucci, remains a part of our present judicial system. In conclusion, the author offers several considerations that will necessarily be an integral part …


Understanding Admissibility Of Prior Bad Acts: A Diagrammatic Approach, William Roth Feb 2013

Understanding Admissibility Of Prior Bad Acts: A Diagrammatic Approach, William Roth

Pepperdine Law Review

One of the most misunderstood areas of evidence in criminal cases is the admissibility of a defendant's prior bad acts. This article discusses both the practical and theoretical perspectives of prior bad acts and presents a diagram of the different admissibility theories. This visual aid is a great step forward in simplifying this problematic area.


United States V. Ross: Search And Seizure Made Simple, Donald L. Dalton Feb 2013

United States V. Ross: Search And Seizure Made Simple, Donald L. Dalton

Pepperdine Law Review

The United States Supreme Court in United States v. Ross vastly simplified the process of searching closed containers found in an automobile during a lawful Carroll search yet, at the same time, placed in question the importance of the search warrant in the scheme of fourth amendment jurisprudence by equating the policeman's determination of probable cause with that of the magistrate.


Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth Feb 2013

Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth

Pepperdine Law Review

On January 1, 1982, the new California drunk driving law went into effect. This law makes it a crime to drive a motor vehicle where one's blood alcohol level is .10 or more. The law also marks a legislative attempt to curtail the practice of plea bargaining in drunk driving cases and significantly increases the penalties imposed upon those convicted of drunk driving. This Comment will discuss the provisions of the new drunk driving law and examine its constitutionality.


Child Witnesses In Sexual Abuse Criminal Proceedings: Their Capabilities, Special Problems, And Proposals For Reform, Dominic J. Fote Jan 2013

Child Witnesses In Sexual Abuse Criminal Proceedings: Their Capabilities, Special Problems, And Proposals For Reform, Dominic J. Fote

Pepperdine Law Review

No abstract provided.


Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers Jan 2013

Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers

Pepperdine Law Review

No abstract provided.


Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense , Harlow M. Huckabee Jan 2013

Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense , Harlow M. Huckabee

Pepperdine Law Review

No abstract provided.


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.


Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained, Stanley Mosk Nov 2012

Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained, Stanley Mosk

Pepperdine Law Review

No abstract provided.


Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom Nov 2012

Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom

Pepperdine Law Review

No abstract provided.


Scientific Evidence In The Age Of Daubert: A Proposal For A Dual Standard Of Admissibility In Civil And Criminal Cases , William P. Haney Iii Nov 2012

Scientific Evidence In The Age Of Daubert: A Proposal For A Dual Standard Of Admissibility In Civil And Criminal Cases , William P. Haney Iii

Pepperdine Law Review

No abstract provided.


State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr Oct 2012

State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr

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.


Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky Oct 2012

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.


The Fourth Amendment And The Stored Communications Act: Why The Warrantless Gathering Of Historical Cell Site Location Information Poses No Threat To Privacy , Kyle Malone Sep 2012

The Fourth Amendment And The Stored Communications Act: Why The Warrantless Gathering Of Historical Cell Site Location Information Poses No Threat To Privacy , Kyle Malone

Pepperdine Law Review

No abstract provided.


The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff Jul 2012

The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff

Pepperdine Law Review

No abstract provided.


Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan Jul 2012

Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan

Pepperdine Law Review

No abstract provided.


Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright Jul 2012

Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright

Pepperdine Law Review

No abstract provided.


Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials, Craig Lee Montz May 2012

Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials, Craig Lee Montz

Pepperdine Law Review

No abstract provided.


Accomplice Confessions And The Confrontation Clause: Crawford V. Washington Confronts Past Issues With A New Rule, Kjirstin Graham Mar 2012

Accomplice Confessions And The Confrontation Clause: Crawford V. Washington Confronts Past Issues With A New Rule, Kjirstin Graham

Pepperdine Law Review

No abstract provided.


Impeachable Offenses?: Why Civil Parties In Quasi-Criminal Cases Should Be Treated Like Criminal Defendants Under The Felony Impeachment Rule, Colin Miller Feb 2012

Impeachable Offenses?: Why Civil Parties In Quasi-Criminal Cases Should Be Treated Like Criminal Defendants Under The Felony Impeachment Rule, Colin Miller

Pepperdine Law Review

With one exception, every Federal Rule of Evidence dealing with propensity character evidence or evidence which can be misused as propensity character evidence makes it either: (a) as difficult to admit such evidence in civil trials as it is in criminal trials, or (b) more difficult to admit such evidence in civil trials than it is in criminal trials. The "mercy rule" falls into this latter category as it allows criminal defendants to inject the issue of character into their trials while a similar luxury is not afforded to civil parties. Before 2006, however, a substantial minority of courts extended …


The Sexual Assault Counselor-Victim Privilege: Jurisdictional Delay Into An Unclaimed Sanctuary, Armand Arabian Feb 2012

The Sexual Assault Counselor-Victim Privilege: Jurisdictional Delay Into An Unclaimed Sanctuary, Armand Arabian

Pepperdine Law Review

No abstract provided.