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Evaluating Children's Competency To Testify: Developing A Rational Method To Assess A Young Child's Capacity To Offer Reliable Testimony In Cases Alleging Child Sex Abuse , Laurie Shanks
Cleveland State Law Review
This Article discusses the testimony of young children, the inadequacy of the traditional hearing used to determine the competency of such children to testify, and the ways in which the hearing might be changed to make it a meaningful process for determining the ability of a child to give reliable testimony.
An Opinion: Federal Judges Misconstrue Rule 704 (Or Is That An Impermissible Legal Conclusion), Kathy Jo Cook
An Opinion: Federal Judges Misconstrue Rule 704 (Or Is That An Impermissible Legal Conclusion), Kathy Jo Cook
Cleveland State Law Review
This article addresses the need to formulate a uniform and predictable approach to the admissibility of expert opinion testimony which relates the law to the facts. First, it briefly discusses the history of expert opinion testimony. Second, it discusses, through a case analysis, the difficult, if not impossible task that courts have assumed in attempting to differentiate between two types of expert opinions: (1) those which are, by their nature, factual; and (2) those which require some level of legal analysis-directly relating the law to the facts of the case. Finally, this article suggests an alternative approach which is arguably …
Sound Recording Devices Used As Evidence, Peter P. Roper
Sound Recording Devices Used As Evidence, Peter P. Roper
Cleveland State Law Review
Recordings have been offered in evidence in a wide variety of cases, including an attempted bribery of a draft board official, treasonous radio broadcasts, conspiracy to obstruct justice in a federal narcotics case, illegal short-wave radio transmissions aiding the illegal entry of Mexican nationals, disturbance to a motel by barking dogs in an adjoining pet hospital, and noises made by trains, planes, and a cement factory. Use by attorneys is virtually limitless, including the recording of discussions with clients, of library research, of depositions, and of wills.
Physician-Patient Privilege In Ohio, Naoma Lee Stewart
Physician-Patient Privilege In Ohio, Naoma Lee Stewart
Cleveland State Law Review
Throughout its history the physician-patient privilege has been the subject of controversial discussion, and in recent years these discussions have been dominated by voices of bitter disapproval and severe criticism. Judges, lawyers, textwriters, and teachers have denounced the privilege by characterizing it as everything from a "monumental hoax" to a "clever legerdemain loaned by the law to the parties to suppress the truth." Critics maintain that in the majority of reported cases the patient invoked the privilege, not to protect his privacy or to prevent the disclosure of humiliating personal facts (supposedly the purpose for the creation of the privilege), …