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Full-Text Articles in Evidence

The Unintended Consequences Of California Proposition 47: Reducing Law Enforcement’S Ability To Solve Serious, Violent Crimes, Shelby Kail Aug 2017

The Unintended Consequences Of California Proposition 47: Reducing Law Enforcement’S Ability To Solve Serious, Violent Crimes, Shelby Kail

Pepperdine Law Review

For many years, DNA databases have helped solve countless serious, violent crimes by connecting low-level offenders to unsolved crimes. Because the passage of Proposition 47 reduced several low-level crimes to misdemeanors, which do not qualify for DNA sample collection, Proposition 47 has severely limited law enforcement’s ability to solve serious, violent crimes through California’s DNA database and reliable DNA evidence. This powerful law enforcement tool must be preserved to prevent additional crimes from being committed, to exonerate the innocent, and to provide victims with closure through conviction of their assailants or offenders. Proposition 47’s unintended consequences have ...


Bias In Blue: Instructing Jurors To Consider The Testimony Of Police Officer Witnesses With Caution, Vida B. Johnson Apr 2017

Bias In Blue: Instructing Jurors To Consider The Testimony Of Police Officer Witnesses With Caution, Vida B. Johnson

Pepperdine Law Review

Jurors in criminal trials are instructed by the judge that they are to treat the testimony of a police officer just like the testimony of any other witness. Fact-finders are told that they should not give police officer testimony greater or lesser weight than any other witness they will hear from at trial. Jurors are to accept that police are no more believable or less believable than anyone else. Jury instructions regarding police officer testimony stand in contrast to the instructions given to jurors when a witness with a legally recognized interest in the outcome of the case has testified ...


Sticks And Stones May Break My Bones, But Words Will Always Hurt Me: Why California Should Expand The Admissibility Of Prior Acts Of Child Abuse, Lindsay Gochnour Mar 2016

Sticks And Stones May Break My Bones, But Words Will Always Hurt Me: Why California Should Expand The Admissibility Of Prior Acts Of Child Abuse, Lindsay Gochnour

Pepperdine Law Review

This Comment seeks to explore the effect that the admissibility of prior bad acts evidence would have on child maltreatment cases and the benefits that would be afforded to child abuse victims if they were provided the same legal protections as victims of other crimes. This Comment argues that expanding the California Evidence Code to allow the admission of prior acts of psychological and emotional child maltreatment would make great progress for the protection of child abuse victims and the prosecution of their (often losing) cases.


Hearsay Evidence: Legal Discourse, Circumstantiality, And The Woman In White, Matthew Finley Jan 2016

Hearsay Evidence: Legal Discourse, Circumstantiality, And The Woman In White, Matthew Finley

Global Tides

In Wilkie Collins’s The Woman in White, Walter Hartright begins the narrative by stating that, because “the Law is still … the pre-engaged servant of the long purse,” he has arranged the novel to reveal the truth (5). The author, then, puts the law on trial by engaging the interplay between legal questions of witness credibility and testimonial evidence and their impact on social factors such as class and gender. The law’s emphasis on externality leads the system to privilege the snakelike Fosco over the heroic Walter, Laura, and Marian, signaling the courts' capital offence. Although the novel is ...


The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply Jul 2015

The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply

Pepperdine Law Review

This Article proceeds on a simple and clear premise: a confession extracted by torture or cruel, inhuman, or degrading treatment should never be admitted into evidence in a U.S. criminal trial. Whether accomplished through extending the Due Process or Self-Incrimination based exclusionary rules to foreign official coercion, or by legislative action, such exclusion is necessary to align evidentiary practice regarding confessions procured by foreign agents with our nation's fundamental values as reflected in the Fifth Amendment and our ratification of the CAT. This outcome is not incompatible with Connelly. Rather, this Article explores the limits of the Court ...


How To Avoid The Death Of Your Case By Two Billion Paper Cuts: Encouraging Arbitration As An Alternative Way To Resolve Costly Discovery Disputes, Tzipora Goodfriend-Gelernter Feb 2014

How To Avoid The Death Of Your Case By Two Billion Paper Cuts: Encouraging Arbitration As An Alternative Way To Resolve Costly Discovery Disputes, Tzipora Goodfriend-Gelernter

Pepperdine Dispute Resolution Law Journal

This article analyzes the costly effect of electronic information on discovery practice and advocates for the arbitration of discovery disputes. Part II discusses the background of electronic discovery, the evolution of our reliance on ESI (electronically stored information) as part of our modern day discovery practice, and the benefits and detriments of electronic discovery. Part III discusses the effects of our reliance on electronic discovery and the implications of those effects on litigating parties. It examines how the increasingly computer-based world of discovery has increased the cost of litigation disputes significantly and proposes using the patent arbitration model as a ...


People V. Rojas: The Expanding Concept Of Unavailability, Brian Wade Uhl May 2013

People V. Rojas: The Expanding Concept Of Unavailability, Brian Wade Uhl

Pepperdine Law Review

No abstract provided.


The Duty Of The Prosecutor To Disclose Unrequested Evidence: United States V. Agurs, Christian F. Dubia Jr May 2013

The Duty Of The Prosecutor To Disclose Unrequested Evidence: United States V. Agurs, Christian F. Dubia Jr

Pepperdine Law Review

No abstract provided.


Discovery By The Prosecution In Criminal Cases: Prudhomme Reconsidered , Jon R. Rolefson May 2013

Discovery By The Prosecution In Criminal Cases: Prudhomme Reconsidered , Jon R. Rolefson

Pepperdine Law Review

No abstract provided.


Weatherford V. Bursey: "Surreptitious Invasion… Into The Legal Camp Of The Defense", Paul H. Voss May 2013

Weatherford V. Bursey: "Surreptitious Invasion… Into The Legal Camp Of The Defense", Paul H. Voss

Pepperdine Law Review

No abstract provided.


Limiting The Use Of Prior Felony Convictions To Impeach A Defendant - Witness In California Criminal Proceedings, Richard E. Boehm May 2013

Limiting The Use Of Prior Felony Convictions To Impeach A Defendant - Witness In California Criminal Proceedings, Richard E. Boehm

Pepperdine Law Review

No abstract provided.


Punitive Damages: An Exception To The Right Of Privacy? Coy V. Superior Court, Richard S. Fields May 2013

Punitive Damages: An Exception To The Right Of Privacy? Coy V. Superior Court, Richard S. Fields

Pepperdine Law Review

No abstract provided.


Research Project, David J. Agatstein Apr 2013

Research Project, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Evidence For Administrative Law Judges, Christine Mckenna Moore Apr 2013

Evidence For Administrative Law Judges, Christine Mckenna Moore

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway Apr 2013

Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Vocational Testimony In Social Security Hearings, Daniel F. Solomon Apr 2013

Vocational Testimony In Social Security Hearings, Daniel F. Solomon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Developments In The Law Of Scientific Evidence: The Admissibility Of Polygraph Evidence, Sheila K. Hyatt Apr 2013

Developments In The Law Of Scientific Evidence: The Admissibility Of Polygraph Evidence, Sheila K. Hyatt

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Polygraph Examinations In Administrative Proceedings: Mcgowan V. City Of Bloomington, David J. Agatstein Apr 2013

Polygraph Examinations In Administrative Proceedings: Mcgowan V. City Of Bloomington, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Unrebutted Evidence, E. J. Watts, David J. Agatstein Apr 2013

Unrebutted Evidence, E. J. Watts, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Workers Compensation: Presenting Medical Evidence In Heart Cases, Gerald J. Haas, Lowell A. Reed Jr, Irvin Stander Apr 2013

Workers Compensation: Presenting Medical Evidence In Heart Cases, Gerald J. Haas, Lowell A. Reed Jr, Irvin Stander

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Evidence Column, Paul Troeh Jr. Apr 2013

Evidence Column, Paul Troeh Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Two Notes On Evidence: Privileges And Hearsay, J. W. Deese Apr 2013

Two Notes On Evidence: Privileges And Hearsay, J. W. Deese

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Impeachment In Administrative Cases, Calvin William Sharpe Apr 2013

Impeachment In Administrative Cases, Calvin William Sharpe

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Relevancy Of Evidence In Administrative Law Proceedings, J. W. Deese Apr 2013

Relevancy Of Evidence In Administrative Law Proceedings, J. W. Deese

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Judges In The Executive Branch And Judges In The Judicial Branch: Similar, Yet Distinct, Thomas G. Welshko Apr 2013

Judges In The Executive Branch And Judges In The Judicial Branch: Similar, Yet Distinct, Thomas G. Welshko

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Right To Cross-Examine Physicians In Social Security Disability Cases, Victor G. Rosenblum Apr 2013

The Right To Cross-Examine Physicians In Social Security Disability Cases, Victor G. Rosenblum

Journal of the National Association of Administrative Law Judiciary

This Article examines the alternative readings and rationales of Richardson v. Perales regarding the cross-examination of reporting physicians in social security disability claim hearings. First, Part II compares the Sixth and Second Circuit's interpretation of the Perales rule, which supports the SSA's regulation and interpretation, to the Fifth Circuit's interpretation, which explicitly proclaims cross-examination, once duly requested, to be an absolute right. Part III questions whether the Perales Court's declaration that the SSA is “an [impartial] adjudicator and not . . . an advocate or adversary” remains empirically valid. Part IV discusses the SSA's recent assertions of management ...


When Dicta Attacks: Elliott V. Commodity Futures Trading Commission, Joanna E. Barnes Apr 2013

When Dicta Attacks: Elliott V. Commodity Futures Trading Commission, Joanna E. Barnes

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Impact Of Adverse Inferences In Administrative Hearings, John M. Priester Apr 2013

The Impact Of Adverse Inferences In Administrative Hearings, John M. Priester

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Role Of Demeanor Evidence In Determining Credibility Of Witnesses In Fact Finding: The Views Of Aljs, Gregory L. Ogden Apr 2013

The Role Of Demeanor Evidence In Determining Credibility Of Witnesses In Fact Finding: The Views Of Aljs, Gregory L. Ogden

Journal of the National Association of Administrative Law Judiciary

Prof. Ogden presents the views of administrative law judge’s on the role of demeanor evidence in determining the credibility of witnesses’ testimony in fact finding. The opinions of administrative law judges add an important new perspective on the issue of whether demeanor evidence increases the accuracy of credibility determinations. The views of administrative law judges were determined through the techniques of survey research, utilizing a questionnaire. After defining demeanor evidence for purposes of the study, Ogden explains the administrative law principle of judicial review that gives weight or deference to credibility determinations based on demeanor evidence. A statistical analysis ...


There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon Mar 2013

There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.