Open Access. Powered by Scholars. Published by Universities.®

Evidence Commons

Open Access. Powered by Scholars. Published by Universities.®

None

Discipline
Keyword
Publication Year
Publication

Articles 1 - 30 of 45

Full-Text Articles in Evidence

Evidence Engendered, Kit Kinports Jan 2016

Evidence Engendered, Kit Kinports

Kit Kinports

Part I of this article briefly describes feminist legal theory and its evolution. Part II then discusses the extent to which evidence as a whole is a gendered topic that reflects predominantly male traits and ideals, and Part III analyzes various specific evidentiary doctrines from a feminist perspective. Finally, Part IV examines way of incorporating feminist theories in teaching an evidence course.


Discovery And Adequate Plea Colloquys, R. Michael Cassidy Nov 2015

Discovery And Adequate Plea Colloquys, R. Michael Cassidy

R. Michael Cassidy

Presentation at a conference sponsored by Fair Trials International in Washington, D.C.


Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett Oct 2015

Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett

John Ehrett

I evaluate the dimensions of courts’ current interpretive dilemma, and subsequently sketch a possible framework for extending traditional statutory interpretation principles into this new domain: throughout the following analysis, I describe the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and propose a normative way forward for those tasked with deriving meaning from emoji-laden communications.


What Is The True Standard Of Proof In Matrimonial Causes?, Obiora Okafor Oct 2015

What Is The True Standard Of Proof In Matrimonial Causes?, Obiora Okafor

Obiora Chinedu Okafor

No abstract provided.


The Aba Guidelines And The Norms Of Capital Defense Representation, Russell Stetler, W. Bradley Wendel Feb 2015

The Aba Guidelines And The Norms Of Capital Defense Representation, Russell Stetler, W. Bradley Wendel

W. Bradley Wendel

The ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (“Guidelines”), as revised in 2003, continue to stand as the single most authoritative summary of the prevailing professional norms in the realm of capital defense practice. Hundreds of court opinions have cited the Guidelines. They have been particularly useful in helping courts to assess the investigation and presentation of mitigating evidence in death penalty cases. This Article will discuss how these Guidelines have come to reflect prevailing professional norms in this critical area of capital defense practice and how that practice has developed in the ...


A Scientific Approach To Scientific Evidence: A Four-Stage Rule For Admissibility And Scope, Robert Sanger Dec 2013

A Scientific Approach To Scientific Evidence: A Four-Stage Rule For Admissibility And Scope, Robert Sanger

Robert M. Sanger

Scientific or expert testimony is often critical in criminal cases. The Supreme Court has established that the trial judge is the "gatekeeper" who is to determine what evidence is allowed before the jury. The current rules of evidence are not organized in a way that makes this task readily intelligible. This chapter proposes a more direct our-step process to accomplish the gatekeeping function.


Witness Response Manipulation Through Strategic "Non-Leading" Questions (Or The Art Of Getting The Desired Answer By Asking The Right Question), Sydney Beckman Dec 2013

Witness Response Manipulation Through Strategic "Non-Leading" Questions (Or The Art Of Getting The Desired Answer By Asking The Right Question), Sydney Beckman

Sydney A. Beckman

No abstract provided.


Developments In Massachusetts Evidence Law: You Be The Judge, R. Michael Cassidy Oct 2013

Developments In Massachusetts Evidence Law: You Be The Judge, R. Michael Cassidy

R. Michael Cassidy

Presentation at Social Law Library about developments in Massachusetts evidence law.


Evidence: Use Of Prior Consistent And Inconsistent Statements Under Massachusetts Law, R. Michael Cassidy Sep 2013

Evidence: Use Of Prior Consistent And Inconsistent Statements Under Massachusetts Law, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


New Illinois Rules Of Evidence, Allen Shoenberger May 2013

New Illinois Rules Of Evidence, Allen Shoenberger

Allen E Shoenberger

No abstract provided.


Brain Trauma, Pet Scans And Forensic Complexity, Jane Moriarty, Daniel Langleben, James Provenzale Dec 2012

Brain Trauma, Pet Scans And Forensic Complexity, Jane Moriarty, Daniel Langleben, James Provenzale

Jane Campbell Moriarty

Positron Emission Tomography (PET) is a medical imaging technique that can be used to show brain function. Courts have admitted PET scan evidence in cases involving brain damage, injury, toxic exposure, or illness ("brain trauma") and to support claims of diminished cognitive abilities and impulse control. Despite the limited data on the relationships between PET, brain trauma and behavior, many courts admit PET scan evidence without much critical analysis. This article examines the use of PET as proof of functional impairment and justification of abnormal behavior by explaining its diagnostic use and limitations, the limited support for claims of its ...


Integrating Professional And Personal Values, R. Michael Cassidy Sep 2012

Integrating Professional And Personal Values, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


Evidence Summit, Faculty Member, Malinda Seymore Jun 2012

Evidence Summit, Faculty Member, Malinda Seymore

Malinda L. Seymore

--


The Uniform Provisions Of Evidence: A Major Reform That Maintains China’S Judicial Traditions, John Capowski Apr 2012

The Uniform Provisions Of Evidence: A Major Reform That Maintains China’S Judicial Traditions, John Capowski

John J. Capowski

No abstract provided.


Virtue And Criminal Punishment, R. Michael Cassidy Feb 2012

Virtue And Criminal Punishment, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


Personal Use Of Workplace Computers: A Threat To Otherwise Privileged Communications, Louise Hill Feb 2012

Personal Use Of Workplace Computers: A Threat To Otherwise Privileged Communications, Louise Hill

Louise L Hill

This article is an adaptation of "Gone but Not Forgotten: When Privacy, Policy and Privilege Collide" originally published in the Northwestern Journal of Technology and Intellectual Property, Volume 9, Issue 8, 2011


Foundations Of American Criminal Due Process, Frank Herrmann, Brownlow Speer Dec 2011

Foundations Of American Criminal Due Process, Frank Herrmann, Brownlow Speer

Frank R. Herrmann, S.J.

No abstract provided.


The Law Of Evidence, Mary Sue Backus Dec 2011

The Law Of Evidence, Mary Sue Backus

Mary Sue Backus

No abstract provided.


Prosecutorial Ethics, R. Michael Cassidy May 2011

Prosecutorial Ethics, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


Omg! Evidence Challenges In An Electronic World, Mary Sue Backus Apr 2011

Omg! Evidence Challenges In An Electronic World, Mary Sue Backus

Mary Sue Backus

No abstract provided.


The Evolving Confrontation Clause, Mary Sue Backus Feb 2011

The Evolving Confrontation Clause, Mary Sue Backus

Mary Sue Backus

No abstract provided.


Omg! Evidence Challenges In An Electronic World, Mary Sue Backus Oct 2010

Omg! Evidence Challenges In An Electronic World, Mary Sue Backus

Mary Sue Backus

No abstract provided.


Plea Bargainng, Discovery, And Waivers, R. Michael Cassidy Sep 2010

Plea Bargainng, Discovery, And Waivers, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


The Csi Effect: What Can Forensic Science Really Tell Us?, Mary Sue Backus Apr 2010

The Csi Effect: What Can Forensic Science Really Tell Us?, Mary Sue Backus

Mary Sue Backus

No abstract provided.


Omg! Evidence Challenges In An Electronic World, Mary Sue Backus Mar 2010

Omg! Evidence Challenges In An Electronic World, Mary Sue Backus

Mary Sue Backus

No abstract provided.


Panelist, Developments In Criminal Procedure, R. Michael Cassidy Dec 2009

Panelist, Developments In Criminal Procedure, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


Orwellian Ramifications: The Contraband Exception To The Fourth Amendment, Timothy Macdonnell Dec 2009

Orwellian Ramifications: The Contraband Exception To The Fourth Amendment, Timothy Macdonnell

Timothy C. MacDonnell

No abstract available.


Recent Developments In Oklahoma Evidence Law, Liesa Richter Mar 2009

Recent Developments In Oklahoma Evidence Law, Liesa Richter

Liesa L. Richter

No abstract provided.


The Csi Effect: What Can Forensic Science Really Tell Us?, Mary Sue Backus Mar 2009

The Csi Effect: What Can Forensic Science Really Tell Us?, Mary Sue Backus

Mary Sue Backus

No abstract provided.


The Csi Effect: What Can Forensic Science Really Tell Us?, Mary Sue Backus Feb 2009

The Csi Effect: What Can Forensic Science Really Tell Us?, Mary Sue Backus

Mary Sue Backus

No abstract provided.