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

Evidence Commons

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

Articles 1 - 2 of 2

Full-Text Articles in Evidence

Taking “Blind Shots At A Hidden Target”: Witness Anonymity In The United Kingdom, Jason Swergold May 2009

Taking “Blind Shots At A Hidden Target”: Witness Anonymity In The United Kingdom, Jason Swergold

Boston College International and Comparative Law Review

Witness intimidation has become an increasing problem in the United Kingdom, and as a result, British courts have allowed witnesses to testify anonymously in cases where they are fearful of testifying. Recently, the House of Lords overturned a murder conviction based on anonymous witness testimony on the grounds that it rendered that trial unfair. Parliament responded by codifying the power to grant witness anonymity as it existed before the Law Lords’ decision. The use of anonymous witnesses raises questions about the right of a defendant to confront the witnesses before him or her, a right that has its history in ...


The Fallacy Of Dispositive Procedure, Suja A. Thomas May 2009

The Fallacy Of Dispositive Procedure, Suja A. Thomas

Boston College Law Review

The U.S. Supreme Court has held that judges can dismiss cases before, during, or after trial if they decide that no reasonable jury could find for the plaintiff. The Court has also held that judges cannot dismiss cases based on their own views of the sufficiency of the evidence. I contend, however, that judges do exactly that. Judges dismiss cases based simply on their own views of the evidence, not based on how a reasonable jury could view the evidence. This phenomenon can be seen in the decisions dismissing cases. Judges describe how they perceive the evidence, interchangeably use ...