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Articles 1 - 27 of 27

Full-Text Articles in Evidence

Intrinsic Evidence: Do Utah Prosecutors Too Often Neglect This Avenue Of Admissibility?, Blake R. Hills Feb 2019

Intrinsic Evidence: Do Utah Prosecutors Too Often Neglect This Avenue Of Admissibility?, Blake R. Hills

Brigham Young University Journal of Public Law

No abstract provided.


Intrinsic Evidence: Do Utah Prosecutors Too Often Neglect This Avenue Of Admissibility? Feb 2019

Intrinsic Evidence: Do Utah Prosecutors Too Often Neglect This Avenue Of Admissibility?

Brigham Young University Journal of Public Law

No abstract provided.


Defending The Preponderance Of The Evidence Standard In College Adjudications Of Sexual Assault, Amy Chmielewski Mar 2013

Defending The Preponderance Of The Evidence Standard In College Adjudications Of Sexual Assault, Amy Chmielewski

Brigham Young University Education and Law Journal

No abstract provided.


Privacy Rights Left Behind At The Border: The Exhaustive, Exploratory Searches Effectuated In United States V. Cotterman, Aaron Mcknight May 2012

Privacy Rights Left Behind At The Border: The Exhaustive, Exploratory Searches Effectuated In United States V. Cotterman, Aaron Mcknight

BYU Law Review

No abstract provided.


No Longer The Right To Remain Silent: Cross-Examining Forensic Analyst Testimony, Casey Unwin Mar 2010

No Longer The Right To Remain Silent: Cross-Examining Forensic Analyst Testimony, Casey Unwin

BYU Law Review

No abstract provided.


Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond Mar 2010

Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond

BYU Law Review

No abstract provided.


Excluding The Exclusionary Rule: Extending The Rationale Of Hudson V. Michigan To Evidence Seized During Unauthorized Nighttime Searches, Jeffiy R. Gittins May 2007

Excluding The Exclusionary Rule: Extending The Rationale Of Hudson V. Michigan To Evidence Seized During Unauthorized Nighttime Searches, Jeffiy R. Gittins

BYU Law Review

No abstract provided.


Fixing The Constable's Blunder: Can One Trial Judge In One County In One State Nudge A Nation Beyond The Exclusionary Rule?, H. Mitchell Caldwell Mar 2006

Fixing The Constable's Blunder: Can One Trial Judge In One County In One State Nudge A Nation Beyond The Exclusionary Rule?, H. Mitchell Caldwell

BYU Law Review

No abstract provided.


Reporter's Privilege In Utah, Edward L. Carter May 2003

Reporter's Privilege In Utah, Edward L. Carter

Brigham Young University Journal of Public Law

No abstract provided.


Establishing The Standard For A Physician's Patient Diagnosis Using Scientific Evidence: Dealing With The Split Of Authority Amongst The Circuit Courts Of Appeal, Jack E. Karns May 2000

Establishing The Standard For A Physician's Patient Diagnosis Using Scientific Evidence: Dealing With The Split Of Authority Amongst The Circuit Courts Of Appeal, Jack E. Karns

Brigham Young University Journal of Public Law

No abstract provided.


The Character Evidence Rule Revisited, Kenneth J. Melilli Nov 1998

The Character Evidence Rule Revisited, Kenneth J. Melilli

BYU Law Review

No abstract provided.


The Inevitable Discovery Doctrine Today: The Demands Of The Fourth Amendment, Nix, And Murray, And The Disagreement Among The Federal Circuits, Troy E. Golden May 1998

The Inevitable Discovery Doctrine Today: The Demands Of The Fourth Amendment, Nix, And Murray, And The Disagreement Among The Federal Circuits, Troy E. Golden

Brigham Young University Journal of Public Law

No abstract provided.


The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter Nov 1997

The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter

BYU Law Review

No abstract provided.


A Misapplication Of Daubert: Compton V. Subaru Of America Opens The Gate For Unreliable And Irrelevant Expert Testimony, Jonathan R. Schofield May 1997

A Misapplication Of Daubert: Compton V. Subaru Of America Opens The Gate For Unreliable And Irrelevant Expert Testimony, Jonathan R. Schofield

BYU Law Review

No abstract provided.


The Advocate's Conflicting Obligations Vis-A.-Vis Adverse Medical Evidence In Social Security Proceedings, Robert E. Rains Mar 1995

The Advocate's Conflicting Obligations Vis-A.-Vis Adverse Medical Evidence In Social Security Proceedings, Robert E. Rains

BYU Law Review

No abstract provided.


Are You My Mother? The Scientific And Legal Validity Of Conventional Blood Testing And Dna Fingerprinting To Establish Proof Of Parentage In Immigration Cases, Alan R. Davis Mar 1994

Are You My Mother? The Scientific And Legal Validity Of Conventional Blood Testing And Dna Fingerprinting To Establish Proof Of Parentage In Immigration Cases, Alan R. Davis

BYU Law Review

No abstract provided.


A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried Sep 1993

A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried

BYU Law Review

No abstract provided.


Payne V. Tennessee: The Supreme Court Places Its Stamp Of Approval On The Use Of "Victim Impact Evidence" During Capital Sentencing Proceedings, Stephen M. Sargent Sep 1992

Payne V. Tennessee: The Supreme Court Places Its Stamp Of Approval On The Use Of "Victim Impact Evidence" During Capital Sentencing Proceedings, Stephen M. Sargent

BYU Law Review

No abstract provided.


Maryland V. Craig: Ignoring The Letter And Purpose Of The Confrontation Clause, Anthony S. Parise May 1991

Maryland V. Craig: Ignoring The Letter And Purpose Of The Confrontation Clause, Anthony S. Parise

BYU Law Review

No abstract provided.


The Hobgoblin Of The Federal Rules Of Evidence: An Analysis Of Rule 801(D)(1)(B), Prior Consistent Statements And A New Proposal, Edward D. Ohlbaum Mar 1987

The Hobgoblin Of The Federal Rules Of Evidence: An Analysis Of Rule 801(D)(1)(B), Prior Consistent Statements And A New Proposal, Edward D. Ohlbaum

BYU Law Review

No abstract provided.


Closing The "Open Fields" Question: Oliver V. United States, Brian K. Jorgensen Mar 1985

Closing The "Open Fields" Question: Oliver V. United States, Brian K. Jorgensen

BYU Law Review

No abstract provided.


Fairness Vs. Trustworthiness: The Predecessor In Interest Controversy Of Rule 804(B)(L), Allen D. Haynie Mar 1984

Fairness Vs. Trustworthiness: The Predecessor In Interest Controversy Of Rule 804(B)(L), Allen D. Haynie

BYU Law Review

No abstract provided.


From The Mouths Of Babes: Does The Constitutional Right Of Privacy Mandate A Parent-Child Privilege? Nov 1978

From The Mouths Of Babes: Does The Constitutional Right Of Privacy Mandate A Parent-Child Privilege?

BYU Law Review

No abstract provided.


Evidence-Newsman's Privilege-Legislatively Enacted Newsman's Privilege Invalid As Infringement On Judicial Rulemaking Power-Ammerman V. Hub Bard Broadcasting, Inc. May 1977

Evidence-Newsman's Privilege-Legislatively Enacted Newsman's Privilege Invalid As Infringement On Judicial Rulemaking Power-Ammerman V. Hub Bard Broadcasting, Inc.

BYU Law Review

No abstract provided.


Symposium: The Use Of Videotape In The Courtroom, Tom C. Clark Jun 1975

Symposium: The Use Of Videotape In The Courtroom, Tom C. Clark

BYU Law Review

No abstract provided.


The Effects Of Videotape Testimony In Jury Trials: Studies On Juror Decision Making, Information Retention, And Emotional Arousal, Gerald R. Miller, David C. Bender, Frank Boster, B. Thomas Florence, Norman Fontes, John Hocking, Henry Nicholson Jun 1975

The Effects Of Videotape Testimony In Jury Trials: Studies On Juror Decision Making, Information Retention, And Emotional Arousal, Gerald R. Miller, David C. Bender, Frank Boster, B. Thomas Florence, Norman Fontes, John Hocking, Henry Nicholson

BYU Law Review

Summary of Contents

I. Introduction: The Nature of the Research

II. Group I : The Nugent u. Clark Studies

A. Background

1. Selecting the stimulus trial

2. Editing the transcript

3. Preparing the trial

a. Casting

b. Equipment

B. Nugent u. Clark Study

1 : live v. videotape trials 1. Questions examined

2. Procedures

a. The live presentation

b. The videotape presentation

c. The questionnaire

3. Results and discussion

a. Negligence verdicts and mean awards

b. Juror perception of attorney credibility

c. Juror information retention

d. Juror interest and motivation

4. Conclusions from Study 1

C. Nugent u. Clark Study …


An Assessment Of Videotape In The Criminal Courts, Ernest H. Short, B. Thomas Florence, Mary Alice Marsh Jun 1975

An Assessment Of Videotape In The Criminal Courts, Ernest H. Short, B. Thomas Florence, Mary Alice Marsh

BYU Law Review

Summary of Contents

I. Introduction

A. A brief history of television and videotape in the justice system

B. Recent studies of videotape technology in the justice system

C. Overview of the goals and methodology of the present study

II. The Videotape System

A. The recording environment

1. Lighting

2. Spatial arrangement

3. Participant mobility

4. Acoustics

5. Electrical power

B. Production techniques

1. Video source location

2. Audio source location

3. Picture composition

a. Zooms

b. Varying video sources

c. Special effects

C. Alternative equipment combinations

1. System 1 : the single camera

2. System 2: the single camera with …