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Articles 1 - 30 of 39
Full-Text Articles in Evidence
Errors In Good Faith: The Leon Exception Six Years Later, David Clark Esseks
Errors In Good Faith: The Leon Exception Six Years Later, David Clark Esseks
Michigan Law Review
Given this vast literature on the good faith exception, little room appears to exist for additional commentary on the propriety of the decision, its theoretical weaknesses or strengths, or what further changes in constitutional criminal procedure it forebodes. This Note will not add to the many voices complaining of the Court's misconstrual of the grounding of the exclusionary rule, nor of its crabbed notion of deterrence. Instead, it accepts, arguendo, the propriety of the exception and its underlying purpose, and then examines the six-year experience with the revised rule. The proliferation of reported applications of the good faith exception …
Evidence, Marc T. Treadwell
Evidence, Marc T. Treadwell
Mercer Law Review
The most significant development in Georgia evidence law during the survey period was the continued effort to adopt a new Georgia evidence code based upon the Federal Rules of Evidence. As reported in last year's survey article, the proposed Georgia Rules of Evidence (the "proposed Rules") were introduced during the 1989 session of the, general assembly but did not reach the floor of either chamber. The proposed Rules were again introduced in the 1990 session and promptly received unanimous Senate approval. The Rules were then referred to the House Judiciary Committee where they remained until the end of the session. …
The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer
The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer
Faculty Publications
No abstract provided.
Primer For The Nonmathematically Inclined On Mathematical Evidence In Criminal Cases: People V. Collins And Beyond, David Mccord
Primer For The Nonmathematically Inclined On Mathematical Evidence In Criminal Cases: People V. Collins And Beyond, David Mccord
Washington and Lee Law Review
No abstract provided.
Dna Fingerprinting: Is It Ready For Trial?, Jeffrey A. Norman
Dna Fingerprinting: Is It Ready For Trial?, Jeffrey A. Norman
University of Miami Law Review
No abstract provided.
The Self-Incrimination Debate, Mark Berger
The Admission Of Government Fact Findings Under Federal Rule Of Evidence 803(8)(C): Limiting The Dangers Of Unreliable Hearsay, Steven P. Grossman, Stephen J. Shapiro
The Admission Of Government Fact Findings Under Federal Rule Of Evidence 803(8)(C): Limiting The Dangers Of Unreliable Hearsay, Steven P. Grossman, Stephen J. Shapiro
All Faculty Scholarship
Federal Rule of Evidence 803(8)(C), an exception to the rule against admission of hearsay, permits introduction of public records or reports containing the fact findings of the reporter without requiring the reporter to appear at trial. These fact findings can be based upon the reporter's own observations and calculations or information imparted to the reporter from sources having no connection to any public agency whatsoever. Rule 803(8)(C) has also been used as the vehicle for presenting juries with fact findings from hearings conducted by public officials. The rule would seem to allow these fact findings even though the opponent had …
The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt
The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
The Conflict Concerning Expert Witnesses And Legal Conclusions, Charles W. Ehrhardt
The Conflict Concerning Expert Witnesses And Legal Conclusions, Charles W. Ehrhardt
West Virginia Law Review
No abstract provided.
Hearsay In Illinois: A New Look At Some Old Problems, 10 N. Ill. U. L. Rev. 159 (1990), John E. Corkery
Hearsay In Illinois: A New Look At Some Old Problems, 10 N. Ill. U. L. Rev. 159 (1990), John E. Corkery
UIC Law Open Access Faculty Scholarship
No abstract provided.
Dna Fingerprinting: Evidence Of The Fuiture, Jane E. Hanner
Dna Fingerprinting: Evidence Of The Fuiture, Jane E. Hanner
Kentucky Law Journal
No abstract provided.
Should A Motion In Limine Or Similar Preliminary Motion Made In The Federal Court System Preserve Error On Appeal Without A Contemporaneous Objection?, Catherine Murr Young
Should A Motion In Limine Or Similar Preliminary Motion Made In The Federal Court System Preserve Error On Appeal Without A Contemporaneous Objection?, Catherine Murr Young
Kentucky Law Journal
No abstract provided.
What Was Discovered In The Quest For Truth?, Steven H. Goldberg
What Was Discovered In The Quest For Truth?, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
Criminal discovery has outstripped Justice Brennan's claim of "mixed" results. His description of the twenty-five year transformation as merely "rapid" is too modest. From the picture in 1963, which he accurately describes as "quite a bleak one," discovery is, today, de rigueur in criminal cases. There is little to suggest a general reduction of criminal case discovery in the future.
Hearsay: Part Iv, Paul C. Giannelli
Hearsay: Part I, Paul C. Giannelli
Annual Survey Of Virginia Law: Evidence, Charles E. Friend
Annual Survey Of Virginia Law: Evidence, Charles E. Friend
University of Richmond Law Review
The past year has brought a variety of appellate court decisions (and a few legislative actions) in the evidence area. Some of these are merely affirmations of well-established principles; others answer questions about evidence law which have troubled lawyers and judges in the Commonwealth for some time. And, inevitably, some of them raise questions in areas once thought to be definite and certain.
The Existing Confidentiality Privileges As Applied To Rape Victims, Bridget M. Mccafferty
The Existing Confidentiality Privileges As Applied To Rape Victims, Bridget M. Mccafferty
Journal of Law and Health
It is evident that when this type of questioning occurs, the victim must overcome the presumption that she is at fault. As it exists, the prosecution of the rapist also results in the prosecution of the victim. However, it is undeniable that the defendant in a rape case is presumed innocent until a judicial determination states otherwise. A dilemma arises when the court attempts to balance the victim's right to bring the accused to trial and the defendant's right to prove his innocence. Currently, the judicial system favors the presumption of the defendant's innocence, presupposing that the victim has falsely …
Dna "Profiles" - The Problems Of Technology Transfer, Michael J. Dirusso
Dna "Profiles" - The Problems Of Technology Transfer, Michael J. Dirusso
NYLS Journal of Human Rights
No abstract provided.
The Exclusion Of Evidence In The United States, Paul Marcus
The Exclusion Of Evidence In The United States, Paul Marcus
Faculty Publications
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Mapping The Human Genome And The Meaning Of Monster Mythology, George J. Annas
Mapping The Human Genome And The Meaning Of Monster Mythology, George J. Annas
Faculty Scholarship
Pre-Columbian cartographers drew their maps to the extent of their knowledge, and then wrote in the margins, "Beyond this point there are dragons." With the voyage of Columbus, we lost both our fear of the geographic frontier and our innocence. We accept that knowledge can generally overpower fear; but we have also learned that the application of new knowledge often has a dark side that can lead to brutality and disaster. The discovery of America, for example, led to unforeseen value conflicts of justice and fairness involving native Americans that were "resolved" only by their merciless subjugation and genocidal destruction. …
Challenging Witness Competency , Michael M. Martin
Challenging Witness Competency , Michael M. Martin
Faculty Scholarship
Despite the modern trend to hear all the evidence, a surprising number of witnesses can still be challenged on competency grounds.
"I Didn't Tell Them Anything About You": Implied Assertions As Hearsay Under The Federal Rules Of Evidence, Roger C. Park
"I Didn't Tell Them Anything About You": Implied Assertions As Hearsay Under The Federal Rules Of Evidence, Roger C. Park
Faculty Scholarship
No abstract provided.
Hearsay: Part Ii, Paul C. Giannelli
Hearsay: Part Iii, Paul C. Giannelli
Evidence, Fifth Circuit Symposium, David A. Schlueter
Evidence, Fifth Circuit Symposium, David A. Schlueter
Faculty Articles
This article reviews decisions by the United States Court of Appeals for the Fifth Circuit on evidence issues and concludes that if an attorney has any hopes of obtaining appellate relief on an evidentiary issue, it is essential that the issues be presented concisely and completely to the trial court. The appellate courts will not reverse an evidentiary ruling of a trial court, even if the trial court has erred. This deference to the trial court is in recognition of the hundreds of rulings on evidence that the trial court must conduct within the course of a trial. In order …
Rethinking The Right To Due Process In Connection With Pretrial Identification Procedures: An Analysis And A Proposal, Benjamin E. Rosenberg
Rethinking The Right To Due Process In Connection With Pretrial Identification Procedures: An Analysis And A Proposal, Benjamin E. Rosenberg
Kentucky Law Journal
No abstract provided.
Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle
Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle
Faculty Scholarship
Part I critiques the Report's insistence that accurate fact finding exhausts, or nearly exhausts, the objectives of criminal justice, identifies the fundamental role of the Bill of Rights in the American political order, and situates federal habeas corpus within that framework. Part II traces the Report's historical review of the federal habeas jurisdiction and critiques the Report's too-convenient reliance on selected materials that, on examination, fail to undermine conventional understandings of the writ's development as a postconviction remedy. Part III responds to the Report's complaints regarding current habeas corpus practice and refutes contentions that the habeas jurisdiction overburdens federal dockets …
Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams
Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.