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Articles 1 - 27 of 27
Full-Text Articles in Evidence
Stereotyping Evidence: The Civil Exception To The Federal Rape Shield Law And Its Embedded Sexual Stereotypes, Ramona Albin
Stereotyping Evidence: The Civil Exception To The Federal Rape Shield Law And Its Embedded Sexual Stereotypes, Ramona Albin
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Break From Reality: Modernizing Authentication Standards For Digital Video Evidence In The Era Of Deepfakes, John P. Lamonaga
A Break From Reality: Modernizing Authentication Standards For Digital Video Evidence In The Era Of Deepfakes, John P. Lamonaga
American University Law Review
The legal standard for authenticating photographic and video evidence in court has remained largely static throughout the evolution of media technology in the twentieth century. The advent of “deepfakes,” or fake videos created using artificial intelligence programming, renders outdated many of the assumptions that the Federal Rules of Evidence are built upon.
Rule 901(b)(1) provides a means to authenticate evidence through the testimony of a “witness with knowledge.” Courts commonly admit photographic and video evidence by using the “fair and accurate portrayal” standard to meet this Rule’s intent. This standard sets an extremely low bar—the witness need only testify that …
Sexual Contact Between A Suspect And Police Officers: How Far Should Police Go To Prove Prostitution?, Paula Del Valle Torres
Sexual Contact Between A Suspect And Police Officers: How Far Should Police Go To Prove Prostitution?, Paula Del Valle Torres
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Decline And Fall Of Circumstantial Evidence In Antitrust Law, Christopher R. Leslie
The Decline And Fall Of Circumstantial Evidence In Antitrust Law, Christopher R. Leslie
American University Law Review
No abstract provided.
The Bb Gun: A Harmless Toy Or Deadly Weapon? Practical Guidance For Objective Fact Finding In A Criminal Case, Steven N. Gosney, John Zak
The Bb Gun: A Harmless Toy Or Deadly Weapon? Practical Guidance For Objective Fact Finding In A Criminal Case, Steven N. Gosney, John Zak
Criminal Law Practitioner
No abstract provided.
Clearly Unconvincing: How Heightened Evidentiary Standards In Judicial Bypass Hearings Create An Undue Burden Under Whole Woman's Health, Haley Hawkins
American University Law Review
No abstract provided.
Blog: Without Rhyme Or Reason, Meikhel M. Philogene
Blog: Without Rhyme Or Reason, Meikhel M. Philogene
The Modern American
No abstract provided.
Visualizing Dna Proof, Nicholas L. Georgakopoulos
Visualizing Dna Proof, Nicholas L. Georgakopoulos
Criminal Law Practitioner
No abstract provided.
Unspringing The Witness Memory And Demeanor Trap: What Every Judge And Juror Needs To Know About Cognitive Psychology And Witness Credibility, Mark W. Bennett
Unspringing The Witness Memory And Demeanor Trap: What Every Judge And Juror Needs To Know About Cognitive Psychology And Witness Credibility, Mark W. Bennett
American University Law Review
The soul of America's civil and criminal justice systems is the ability of jurors and judges to accurately determine the facts of a dispute. This invariably implicates the credibility of witnesses. In making credibility determinations, jurors and judges necessarily decide the accuracy of witnesses' memories and the effect of the witnesses' demeanor on their credibility. Almost all jurisdictions' pattern jury instructions about witness credibility explain nothing about how a witness's memories for events and conversations work-and how startlingly fallible memories actually are. They simply instruct the jurors to consider the witness's "memory" with no additional guidance. Similarly, the same pattern …
Exploring The Prejudicial Effect Of Gang Evidence: Under What Conditions Will Jurors Ignore Reasonable Doubt, Mitchell L. Eisen, Brenna M. Dotson
Exploring The Prejudicial Effect Of Gang Evidence: Under What Conditions Will Jurors Ignore Reasonable Doubt, Mitchell L. Eisen, Brenna M. Dotson
Criminal Law Practitioner
No abstract provided.
On Professionalism, Civility, & Discovery, Kathryn Todryk
On Professionalism, Civility, & Discovery, Kathryn Todryk
Criminal Law Practitioner
No abstract provided.
On Demonstrative Evidence And Trial Graphics: What Works And What Doesn't, Ryan Flax
On Demonstrative Evidence And Trial Graphics: What Works And What Doesn't, Ryan Flax
Criminal Law Practitioner
No abstract provided.
The 'Rhyme Or Reason' Behind Prosecutorial Use Of Rape Lyrics As Evidence In Criminal Trials, Robery Nothdurft Jr
The 'Rhyme Or Reason' Behind Prosecutorial Use Of Rape Lyrics As Evidence In Criminal Trials, Robery Nothdurft Jr
Criminal Law Practitioner
No abstract provided.
Section 1983 & The Age Of Innocence: The Supreme Court Carves A Procedural Loophole For Post-Conviction Dna Testing In Skinner V. Switzer, Gabriel A. Carrera
Section 1983 & The Age Of Innocence: The Supreme Court Carves A Procedural Loophole For Post-Conviction Dna Testing In Skinner V. Switzer, Gabriel A. Carrera
American University Law Review
No abstract provided.
Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled , Ross M. Oklewicz
American University Law Review
No abstract provided.
A Hedgehog On The Witness Stand-What's The Big Idea?: The Challenges Of Using Daubert To Assess Social Science And Nonscientific Testimony, Maxine D. Goodman
A Hedgehog On The Witness Stand-What's The Big Idea?: The Challenges Of Using Daubert To Assess Social Science And Nonscientific Testimony, Maxine D. Goodman
American University Law Review
No abstract provided.
Stepping Out Of The Vehicle: The Potential Of Arizona V. Gant To End Automatic Searches Incident To Arrest Beyond The Vehicular Context , Angad Singh
American University Law Review
No abstract provided.
Procuring The Right To An Unfair Trial: Federal Rule Of Evidence 804(B)(6) And The Due Process Implications Of The Rule's Failure To Require Standards Of Reliability For Admissible Evidence, Kelly Rutan
American University Law Review
This Comment argues that though the doctrine of forfeiture by wrongdoing allows a court to forfeit both a defendant’s right to object to the admission of hearsay statements and the right of confrontation, the current state of the law requires all out-of-court statements admitted under Rule 804(b)(6) to possess some level of reliability in order to satisfy due process. Part I of this Comment discusses the doctrine of forfeiture by wrongdoing, the courts’ treatment of this principle prior to 1997, and its codification into the Federal Rules of Evidence. Part II looks at Confrontation Clause issues unique to hearsay exceptions …
I Am Certain He Is The Man...I Think, Tim Harris
I Am Certain He Is The Man...I Think, Tim Harris
The Modern American
No abstract provided.
2003 Trademark Law Decisions Of The Federal Circuit, Roberta Horton, Catherine Rowland
2003 Trademark Law Decisions Of The Federal Circuit, Roberta Horton, Catherine Rowland
American University Law Review
No abstract provided.
Testimony , Antoinette Sedillo Lopez
Testimony , Antoinette Sedillo Lopez
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Why The Wto Should Require The Application Of The Evidentiary Threshold Requirement In Antidumping Investigations Tara Gingerich , Tara Gingerich
Why The Wto Should Require The Application Of The Evidentiary Threshold Requirement In Antidumping Investigations Tara Gingerich , Tara Gingerich
American University Law Review
No abstract provided.
The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch
The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey
Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey
American University Law Review
No abstract provided.
The Proposed Amendment To Federal Rule Of Evidence 407: A Subsequent Remedial Measure That Does Not Fix The Problem , Thais L. Richardson
The Proposed Amendment To Federal Rule Of Evidence 407: A Subsequent Remedial Measure That Does Not Fix The Problem , Thais L. Richardson
American University Law Review
No abstract provided.
Classical Rhetoric, Practical Reasoning, And The Law Of Evidence , Eileen A. Scallen
Classical Rhetoric, Practical Reasoning, And The Law Of Evidence , Eileen A. Scallen
American University Law Review
No abstract provided.
The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland
The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland
American University Law Review
No abstract provided.