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Full-Text Articles in Evidence

Dna Helps Clear Man's Name From Rape Charge After 24 Years, Colin Starger Jul 2014

Dna Helps Clear Man's Name From Rape Charge After 24 Years, Colin Starger

All Faculty Scholarship

No abstract provided.


Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz Jun 2014

Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz

Martin A. Schwartz

No abstract provided.


The Conversational Consent Search: How “Quick Look” And Other Similar Searches Have Eroded Our Constitutional Rights, Alexander A. Mikhalevsky Jun 2014

The Conversational Consent Search: How “Quick Look” And Other Similar Searches Have Eroded Our Constitutional Rights, Alexander A. Mikhalevsky

Georgia State University Law Review

One area in which law enforcement agencies have stretched constitutional limits concerns the scope of a suspect’s consent to search his or her vehicle. Police forces across the country have tested the limits of consent by asking vague, conversational questions to suspects with the goal of obtaining a suspect’s consent to search, even though that individual may not want to allow the search or may not know that he or she has the right to deny consent.

Conversational phrases like “Can I take a quick look?” or “Can I take a quick look around?” have “emerg[ed] as ...


The Need For Additional Safeguards Against Racist Police Practices: A Call For Change To Massachusetts & Illinois Wiretapping Laws, Andrew Martinez Whitson Apr 2014

The Need For Additional Safeguards Against Racist Police Practices: A Call For Change To Massachusetts & Illinois Wiretapping Laws, Andrew Martinez Whitson

Boston College Journal of Law & Social Justice

Police misconduct is still prevalent throughout the United States. Unfortunately for members of minority communities, this misconduct often comes in the form of racially discriminatory police practices. In many cases, such practices are deeply rooted in the police department’s culture. It is imperative that all citizens are equipped with every possible safeguard from such abuse at the hands of the police. In Massachusetts and Illinois, however, wiretapping and eavesdropping laws prevent people from employing one such safeguard that has proven to help change unconstitutional police practices. The safeguard that those laws criminalize is the ability to surreptitiously record on-duty ...


"Not Just A Common Criminal": The Case For Sentencing Mitigation Videos, Regina Austin Apr 2014

"Not Just A Common Criminal": The Case For Sentencing Mitigation Videos, Regina Austin

Faculty Scholarship at Penn Law

Sentencing mitigation or sentencing videos are a form of visual legal advocacy that is produced on behalf of defendants for use in the sentencing phases of criminal cases (from charging to clemency). The videos are typically short (5 to 10 minutes or so) nonfiction films that explore a defendant’s background, character, and family situation with the aim of raising factual and moral issues that support the argument for a shorter or more lenient sentence. Very few examples of mitigation videos are in the public domain and available for viewing. This article provides a complete analysis of the constituent elements ...


Futility Of Exhaustion: Why Brady Claims Should Trump Federal Exhaustion Requirements, Tiffany R. Murphy Apr 2014

Futility Of Exhaustion: Why Brady Claims Should Trump Federal Exhaustion Requirements, Tiffany R. Murphy

University of Michigan Journal of Law Reform

A defendant’s Fourteenth Amendment due process rights are violated when a state agency fails to disclose crucial exculpatory or impeachment evidence — so-called Brady violations. When this happens, the defendant should be provided the means not only to locate this evidence, but also to fully develop it in state post-conviction processes. When the state system prohibits both the means and legal mechanism to develop Brady claims, the defendant should be immune to any procedural penalties in either state or federal court. In other words, the defendant should not be required to return to state court to exhaust such a claim ...


Impeachment By Unreliable Conviction, Anna Roberts Mar 2014

Impeachment By Unreliable Conviction, Anna Roberts

Boston College Law Review

This Article offers a new critique of Federal Rule of Evidence 609, which permits impeachment of criminal defendants by means of their prior criminal convictions. In admitting convictions as impeachment evidence, courts are wrongly assuming that such convictions are necessarily reliable indicators of relative culpability. Courts assume that convictions are the product of a fair fight, that they demonstrate relative culpability, and that they connote moral culpability. But current prosecutorial practice and other data undermine each of these assumptions. Accordingly, this Article proposes that before a conviction is used for impeachment, there should be an assessment of the extent to ...


Back To The Future: The Constitution Requires Reasonableness And Particularity—Introducing The “Seize But Don’T Search” Doctrine, Adam Lamparello, Charles E. Maclean Feb 2014

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 ...


A Step In The Wrong Direction: The Ninth Circuit Requires Reasonable Suspicion For Forensic Examinations Of Electronic Storage Devices During Border Searches In United States V. Cotterman, Michael Creta Feb 2014

A Step In The Wrong Direction: The Ninth Circuit Requires Reasonable Suspicion For Forensic Examinations Of Electronic Storage Devices During Border Searches In United States V. Cotterman, Michael Creta

Boston College Law Review

On March 8, 2013, in United States v. Cotterman, the U.S. Court of Appeals for the Ninth Circuit—sitting en banc—held that U.S. border agents must have a reasonable suspicion of criminal activity before conducting a forensic search of an electronic storage device at the border. In reaching this conclusion, the court narrowed existing federal appeals court precedents, which held that manual searches of electronic storage devices do not require any suspicion. This Comment argues that a reasonable suspicion requirement is illogical, harmful to national security, and administratively impractical. Instead, strengthening existing federal regulations is a better ...


The Search For A Limited Search: The First Circuit Denies The Search Of Cell Phones Incident To Arrest In United States V. Wurie, Evan O'Connor Feb 2014

The Search For A Limited Search: The First Circuit Denies The Search Of Cell Phones Incident To Arrest In United States V. Wurie, Evan O'Connor

Boston College Law Review

On May 17, 2013, the U.S. Court of Appeals for the First Circuit in United States v. Wurie held that the warrantless search of a cell phone was not justified by the search-incident-to-arrest exception to the Fourth Amendment and was thus an illegal search. In doing so, the court declined to agree with other federal appeals court solutions regarding this issue; most notably, the Fifth Circuit’s 2007 decision in United States v. Finley and the Seventh Circuit’s 2012 decision in United States v. Flores-Lopez. This Comment argues that the approaches taken by courts on both sides of ...


A Murky Doctrine Gets A Little Pushback: The Fourth Circuit's Rebuff Of Guilty Pleas In United States V. Fisher, Eric Hawkins Feb 2014

A Murky Doctrine Gets A Little Pushback: The Fourth Circuit's Rebuff Of Guilty Pleas In United States V. Fisher, Eric Hawkins

Boston College Law Review

On April 1, 2013, in United States v. Fisher, the U.S. Court of Appeals for the Fourth Circuit vacated a defendant’s guilty plea post-sentencing because of an officer’s impermissible conduct during the preceding investigation. In doing so, the court expanded on the “voluntariness” prerequisite outlined in the seminal 1970 U.S. Supreme Court case of Brady v. United States that governs the guilty plea process in federal court. This Comment argues that this was a prudent expansion given the troubling nature of guilty pleas in general. This Comment outlines the basic contours of guilty pleas in the ...


Law And Neuroscience: Recommendations Submitted To The President's Bioethics Commission, Owen D. Jones, Richard J. Bonnie, B. J. Casey, Andre Davis, David L. Faigman, Morris Hoffman, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth Scott, Laurence Steinberg, Kim Taylor-Thompson, Anthony Wagner, Gideon Yaffe Jan 2014

Law And Neuroscience: Recommendations Submitted To The President's Bioethics Commission, Owen D. Jones, Richard J. Bonnie, B. J. Casey, Andre Davis, David L. Faigman, Morris Hoffman, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth Scott, Laurence Steinberg, Kim Taylor-Thompson, Anthony Wagner, Gideon Yaffe

Faculty Scholarship at Penn Law

President Obama charged the Presidential Commission for the Study of Bioethical Issues to identify a set of core ethical standards in the neuroscience domain, including the appropriate use of neuroscience in the criminal-justice system. The Commission, in turn, called for comments and recommendations. The MacArthur Foundation Research Network on Law and Neuroscience submitted a consensus statement, published here, containing 16 specific recommendations. These are organized within three main themes: 1) what steps should be taken to enhance the capacity of the criminal justice system to make sound decisions regarding the admissibility and weight of neuroscientific evidence?; 2) to what extent ...