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Evidence Commons

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Cleveland State University

Intoxication

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Full-Text Articles in Evidence

Scientific Investigation Of Intoxication, Bernard J. Conley Jan 1962

Scientific Investigation Of Intoxication, Bernard J. Conley

Cleveland State Law Review

The thirty years in which chemical testing for intoxication has had its inception and development has coincided with the thirty years in which the protection of the rights of the accused has almost obliterated the rights of our society to protect itself from persons bent on mischief. Despite this trend the courts have seen fit to encourage the advancement of the presentation of scientific evidence to enable the courts, both civil and criminal,to arrive at intelligent and just decisions. Scientific evidence,qualified by the ability and integrity of the expert, is the result of intelligent, systematized and skillful experimentation and research …


Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson Jan 1962

Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson

Cleveland State Law Review

One among many problems of national moment is the intoxicated motorist. Legislators have long fumbled for remedies to halt a wave of senseless killing and mutilation that has resulted from an unhappy combination of ethyl alcohol and mechanical power. Convictions in court have been too difficult to halt a wave of senseless killing and mutilation that has reconstructive and effective legal control. Jurors themselves, have often been hesitant to convict because the sum total of objective evidence produced has not convinced them that the subjects they were judging had actually been drunk or intoxicated.


Intoxication And Opinion Evidence, John E. Martindale Jan 1962

Intoxication And Opinion Evidence, John E. Martindale

Cleveland State Law Review

It must be said at the outset that there are many problems in connection with the rules of evidence which an article as short as this one cannot hope to touch upon. Among these is the relevance of intoxication to particular issues. It must be assumed that the evidence sought to be introduced is material and relevant. With this assumption we will consider three areas of intoxication evidence: lay opinion, expert opinion and hospital records. These are the three main areas involving the introduction of an opinion as to intoxicated condition.


Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson Jan 1962

Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson

Cleveland State Law Review

One among many problems of national moment is the intoxicated motorist. Legislators have long fumbled for remedies to halt a wave of senseless killing and mutilation that has resulted from an unhappy combination of ethyl alcohol and mechanical power. Convictions in court have been too difficult to halt a wave of senseless killing and mutilation that has reconstructive and effective legal control. Jurors themselves, have often been hesitant to convict because the sum total of objective evidence produced has not convinced them that the subjects they were judging had actually been drunk or intoxicated.


Intoxication And Opinion Evidence, John E. Martindale Jan 1962

Intoxication And Opinion Evidence, John E. Martindale

Cleveland State Law Review

It must be said at the outset that there are many problems in connection with the rules of evidence which an article as short as this one cannot hope to touch upon. Among these is the relevance of intoxication to particular issues. It must be assumed that the evidence sought to be introduced is material and relevant. With this assumption we will consider three areas of intoxication evidence: lay opinion, expert opinion and hospital records. These are the three main areas involving the introduction of an opinion as to intoxicated condition.


Scientific Investigation Of Intoxication, Bernard J. Conley Jan 1962

Scientific Investigation Of Intoxication, Bernard J. Conley

Cleveland State Law Review

The thirty years in which chemical testing for intoxication has had its inception and development has coincided with the thirty years in which the protection of the rights of the accused has almost obliterated the rights of our society to protect itself from persons bent on mischief. Despite this trend the courts have seen fit to encourage the advancement of the presentation of scientific evidence to enable the courts, both civil and criminal,to arrive at intelligent and just decisions. Scientific evidence,qualified by the ability and integrity of the expert, is the result of intelligent, systematized and skillful experimentation and research …