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Full-Text Articles in Evidence

My Ears Hear More Than English: Granting Multilingual Jurors Accommodations And Treating Multilingualism As A Common Type Of Juror Expertise, A. Lee Valentine Ii May 2015

My Ears Hear More Than English: Granting Multilingual Jurors Accommodations And Treating Multilingualism As A Common Type Of Juror Expertise, A. Lee Valentine Ii

Boston College Law Review

To find an example of court-sanctioned discrimination against Spanish-speaking prospective jurors, one need not look further than the 2011 U.S. Court of Appeals for the Fourth Circuit decision in United States v. Cabrera-Beltran. Three multilingual jurors were struck for cause during voir dire for not agreeing to ignore all Spanish-language evidence that would be presented at trial and adhere solely to the English-language interpretation, even if they detected errors in the interpretation. Although these jurors could have been accommodated, the court upheld the decision to strike them. In other cases, jurors with other types of expertise typically have not ...


Cultural Bias In Judicial Decision Making, Masua Sagiv May 2015

Cultural Bias In Judicial Decision Making, Masua Sagiv

Boston College Journal of Law & Social Justice

This Essay describes the phenomenon of cultural bias in judicial decision making, and examines the use of testimonies and opinions of cultural experts as a way to diminish this bias. The Essay compares the legal regimes of the United States and Israel. Whereas in the United States, the general practice of using cultural experts in courts is well developed and regulated, the Israeli legal procedure has no formal method for admitting cultural expert testimony, and examples of opinions or testimonies of cultural experts in the Israeli legal system are sporadic. The Essay further argues that social science evidence is an ...


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 ...


The "Double-Edged" Dilemma: The Eleventh Circuit's Devaluation Of Mental Health Mitigators In Evans V. Secretary, Department Of Corrections, Erik Thompson Mar 2014

The "Double-Edged" Dilemma: The Eleventh Circuit's Devaluation Of Mental Health Mitigators In Evans V. Secretary, Department Of Corrections, Erik Thompson

Boston College Journal of Law & Social Justice

In Evans v. Secretary, Department of Corrections, the United States Court of Appeals for the Eleventh Circuit denied habeas corpus relief to a death row inmate who claimed that ineffective assistance of counsel prejudiced his death sentence hearing. Despite the defense counsel’s omission of evidence suggesting that the inmate suffered from various mental disabilities, the court resolved that such evidence would not have affected the jury’s ultimate recommendation of the death sentence because some of the evidence was stigmatized. This standard creates a burden that is far too great for individuals facing the death penalty and significantly minimizes ...


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 ...


Whether You "Like" It Or Not: The Inclusion Of Social Media Evidence In Sexual Harassment Cases And How Courts Can Effectively Control It, Laura E. Diss Sep 2013

Whether You "Like" It Or Not: The Inclusion Of Social Media Evidence In Sexual Harassment Cases And How Courts Can Effectively Control It, Laura E. Diss

Boston College Law Review

The increasing use of social media sites like Facebook, Twitter, and Myspace in social interactions has led to a corresponding increase in the use of social media evidence in litigation. Social media sites provide attorneys with easily accessible, up-to-date information about individuals, making such sites highly desirable sources of evidence. Although recent case law indicates that social media evidence is largely discoverable and often admissible, allowing broad discovery of social media evidence in sexual harassment cases could be highly problematic for plaintiffs because it often produces irrelevant and prejudicial evidence that only serves to embarrass plaintiffs and dissuade them from ...


The Statistical Evidence Of Racial Profiling In Traffic Stops And Searches: Rethinking The Use Of Statistics To Prove Discriminatory Intent, Melissa Whitney Jan 2008

The Statistical Evidence Of Racial Profiling In Traffic Stops And Searches: Rethinking The Use Of Statistics To Prove Discriminatory Intent, Melissa Whitney

Boston College Law Review

This Note summarizes and synthesizes developments in statistical analyses of racial profiling data and the legal response to the use of such methods in civil rights cases. Researchers have developed new strategies specifically designed to measure statistical associations between a driver's race and the frequency of vehicle stops and searches. Courts' responses to the use of the statistical evidence derived from these methods are varied. This Note argues that modern developments in data collection and statistical methodology to detect racial profiling support a legal rule that strong statistical associations in well-developed studies should constituteprima facie evidence sufficient to prove ...


Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy Nov 2006

Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy

Boston College Law School Faculty Papers

In this article the author explores how domestic violence prevention efforts have been adversely impacted by the Supreme Court’s new “testimonial” approach to the confrontation clause. Examining the Court’s trilogy of cases from Crawford to Davis and Hammon, the author argues that the introduction of certain forms of hearsay in criminal cases has been drastically limited by the court’s new originalist approach to the Sixth Amendment. The author explains how state spousal privilege statutes often present a significant barrier to obtaining live testimony from victims of domestic violence. The author then argues that state legislatures should reconsider ...


Inevitable Discovery: An Exception Beyond The Fruits, Robert M. Bloom Oct 1992

Inevitable Discovery: An Exception Beyond The Fruits, Robert M. Bloom

Boston College Law School Faculty Papers

No abstract provided.


The Role Of Circumstantial Evidence In Proving Discriminatory Intent: Developments Since Washington V. Davis, Michael A. Collotta May 1978

The Role Of Circumstantial Evidence In Proving Discriminatory Intent: Developments Since Washington V. Davis, Michael A. Collotta

Boston College Law Review

No abstract provided.