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Full-Text Articles in Evidence

Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal Jan 2000

Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal

Faculty Publications

Once a prosecutor determines to employ an expert, a number of distinct decisions must be confronted-from choosing the expert, to complying with discovery obligations, to presenting the testimony at trial. Part I of this essay considers the selection of experts. Although improper selection of experts can be viewed as merely another aspect of presenting misleading testimony, we treat it separately in this essay because the literature typically ignores it. Part 1I examines the pretrial disclosure of scientific evidence. The issues that have arisen in this context include late disclosure, omitting information from laboratory reports, declining to have a report prepared, …


New Developments In Scientific Evidence, Paul C. Giannelli Jan 2000

New Developments In Scientific Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Impeachment: Evidence Amendments, Paul C. Giannelli Jan 1999

Impeachment: Evidence Amendments, Paul C. Giannelli

Faculty Publications

No abstract provided.


Daubert In The States, Paul C. Giannelli Jan 1998

Daubert In The States, Paul C. Giannelli

Faculty Publications

No abstract provided.


Hearsay: Traps & Problem Issues, Paul C. Giannelli Jan 1998

Hearsay: Traps & Problem Issues, Paul C. Giannelli

Faculty Publications

No abstract provided.


Rape Trauma Syndrome, Paul C. Giannelli Feb 1997

Rape Trauma Syndrome, Paul C. Giannelli

Faculty Publications

Article discusses use of rape trauma syndrom in litigation.


Chain Of Custody, Paul C. Giannelli Jan 1996

Chain Of Custody, Paul C. Giannelli

Faculty Publications

No abstract provided.


The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman Jan 1996

The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman

Faculty Publications

No abstract provided.


Seizing Evidence From Suspects For Forensic Analysis, Paul C. Giannelli Jan 1995

Seizing Evidence From Suspects For Forensic Analysis, Paul C. Giannelli

Faculty Publications

No abstract provided.


A Theory Of Verbal Completeness, Dale A. Nance Jan 1995

A Theory Of Verbal Completeness, Dale A. Nance

Faculty Publications

In this Article I will endorse the view that the most important modem function of the completeness rule is to trump otherwise applicable exclusionary rules, though not every rule in every instance. I will also offer the general proposition that it should almost always trump one large and important class of exclusionary rules, those based upon the "best evidence" principle, that is, the principle that parties should present to the tribunal the epistemically best evidence available to them on a given litigated issue.


Conditional Probative Value And The Reconstruction Of The Federal Rules Of Evidence, Dale A. Nance Jan 1995

Conditional Probative Value And The Reconstruction Of The Federal Rules Of Evidence, Dale A. Nance

Faculty Publications

In a recent article, Richard Friedman articulates a modified and generalized version of the doctrine of conditional relevance, which he calls "conditional probative value."1 This version comes in response to a substantial body of academic criticism of the traditional doctrine.2 As one of the critics to whom Professor Friedman responds, I offer this reply with two purposes in mind: (1) to clarify the relationship between Friedman's analysis and my earlier reinterpretation of the conditional relevance doctrine; and (2) to ad- dress Friedman's specific proposals with regard to the Federal Rules of Evidence. I conclude that Friedman's articulation helps clarify the …


Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli Jan 1994

Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli

Faculty Publications

No abstract provided.


Polygraph Evidence: Part Ii, Paul C. Giannelli Jan 1994

Polygraph Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


Foreword: Do We Really Want To Know The Defendant?, Dale A. Nance Jan 1994

Foreword: Do We Really Want To Know The Defendant?, Dale A. Nance

Faculty Publications

Forward to the Symposium on the Admission of Prior Offense Evidence in Sexual Assualt Cases, Chicago, Illinois, 1994.


Confrontation Issues In Child Abuse Cases, Paul C. Giannelli Jan 1994

Confrontation Issues In Child Abuse Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.


Polygraph Evidence: Part I, Paul C. Giannelli Jan 1994

Polygraph Evidence: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli Jan 1993

Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli

Faculty Publications

No abstract provided.


Chain Of Custody, Paul C. Giannelli Jan 1993

Chain Of Custody, Paul C. Giannelli

Faculty Publications

No abstract provided.


“Junk Science”: The Criminal Cases, Paul C. Giannelli Jan 1993

“Junk Science”: The Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.


Understanding Responses To Hearsay: An Extension Of The Comparative Analysis, Dale A. Nance Jan 1992

Understanding Responses To Hearsay: An Extension Of The Comparative Analysis, Dale A. Nance

Faculty Publications

Response to Professor Damaska's presentation at the Hearsay Reform Conference, Minneapolis, Minnesota, 1992.


Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli Jan 1992

Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli

Faculty Publications

No abstract provided.


"Other Acts” & Character Evidence: Part I, Paul C. Giannelli Jan 1992

"Other Acts” & Character Evidence: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli Jan 1992

"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


Dental And Bite Mark Evidence, Paul C. Giannelli Jan 1992

Dental And Bite Mark Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Rules Of Evidence Amendments, Paul C. Giannelli Jan 1991

Rules Of Evidence Amendments, Paul C. Giannelli

Faculty Publications

No abstract provided.


Best Evidence Rule, Paul C. Giannelli Jan 1991

Best Evidence Rule, Paul C. Giannelli

Faculty Publications

No abstract provided.


Hear No Evil, See No Evil: On Professor Nesson's Claims About Evidence Suppression, Dale A. Nance Jan 1991

Hear No Evil, See No Evil: On Professor Nesson's Claims About Evidence Suppression, Dale A. Nance

Faculty Publications

Response to Professor Nesson's presentaiton at the Decision and Interference Litigation symposium, New York, New York, 1991.


Missing Evidence, Dale A. Nance Jan 1991

Missing Evidence, Dale A. Nance

Faculty Publications

Given the nature of my enterprise, I resist stating a specific thesis. Nevertheless, for the reader who wants an organizing or motivating principle, I offer the following two recurrent themes. First, I want to examine the relationship of traditional admissibility rules to the problem of missing evidence and to other forms of juridical response to that problem. The reason for this interest will be explained in the next section. Second, I want to investigate, as we proceed, the extent to which the regulation of proof, evidence law broadly conceived, is instrumentally related to accuracy or truth seeking, and the extent …


Authentication, Paul C. Giannelli Jan 1991

Authentication, Paul C. Giannelli

Faculty Publications

No abstract provided.


Dna Evidence, Paul C. Giannelli Jan 1991

Dna Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.