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Articles 1 - 30 of 458
Full-Text Articles in Evidence
Beyond The Witness: Bringing A Process Perspective, Edward K. Cheng, G. Alexander Nunn
Beyond The Witness: Bringing A Process Perspective, Edward K. Cheng, G. Alexander Nunn
Edward Cheng
For centuries, the foundation of the Anglo-American trial has been the witness.' Witnesses report on their personal observations, provide opinions of character, offer scientific explanations, and in the case of parties, narrate their own story. Indeed, even for documentary and other physical evidence, witnesses often provide the conduit through which such evidence reaches the factfinder. Documentary or physical evidence rarely stands on its own. The law of evidence has thus unsurprisingly focused on-or perhaps obsessed over-witnesses. The hearsay rule and the Confrontation Clause demand that declarants be available witnesses at trial so that they may be subject to cross-examination.' Expert …
Reappraising The Legality Of Post-Trial Interviews, Fredric I. Lederer
Reappraising The Legality Of Post-Trial Interviews, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer
Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Rights Warnings In The Armed Services, Fredric I. Lederer
Rights Warnings In The Armed Services, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer
The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus
The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus
Paul Marcus
No abstract provided.
The Exclusion Of Evidence In The United States, Paul Marcus
The Exclusion Of Evidence In The United States, Paul Marcus
Paul Marcus
No abstract provided.
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Paul Marcus
No abstract provided.
It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus
It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus
Paul Marcus
No abstract provided.
Defending Miranda, Paul Marcus
Co-Conspirator Declarations: The Federal Rules Of Evidence And Other Recent Developments, From A Criminal Law Perspective, Paul Marcus
Paul Marcus
Perhaps the most important advantage available to a prosecutor in a criminal conspiracy case is the exception to the hearsay rule for co-conspirator declarations. The exception is widely used and is often a significant part of the government presentation. In essence, it provides that otherwise inadmissible hearsay declarations of coconspirators are admissible at trial against the defendant so long as they were made during the course and in furtherance of the conspiracy. The exception typically arises when an alleged co-conspirator declarant tells the witness (often an undercover police officer) all about the conspiracy, perhaps in the hope of attracting a …
What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone
What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone
Linda A. Malone
No abstract provided.
Book Review Of Fact Finding Without Facts: The Uncertain Evidentiary Foundations Of International Criminal Convictions, Linda A. Malone
Book Review Of Fact Finding Without Facts: The Uncertain Evidentiary Foundations Of International Criminal Convictions, Linda A. Malone
Linda A. Malone
No abstract provided.
The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan
The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan
Fredric I. Lederer
Although pretrial litigation often seems to render trial on the merits something of an anti-climax, adversarial adjudication is of course the focus of the criminal justice system, military or civilian. Once trial on the merits has begun, trial and defense counsel naturally utilize the rules of evidence in the fashion most likely to make the most of the evidence available to them. Yet, as all lawyers are aware, the period since the enactment of the Uniform Code of Military Justice has brought sweeping changes not only in military criminal law, but also in the "constitutionalization" of the law of evidence. …
The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer
The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Technology Comes To The Courtroom, And . . ., Fredric I. Lederer
Technology Comes To The Courtroom, And . . ., Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Resolving The Frye Dilemma: A Reliability Approach, Fredric I. Lederer
Resolving The Frye Dilemma: A Reliability Approach, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Scientific Evidence - An Introduction, Fredric I. Lederer
Scientific Evidence - An Introduction, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer
Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Marijuana Dog Searches After United States V. Unrue, Fredric I. Lederer, Calvin M. Lederer
Marijuana Dog Searches After United States V. Unrue, Fredric I. Lederer, Calvin M. Lederer
Fredric I. Lederer
No abstract provided.
Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer
Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Admissibility Of Evidence Found By Marijuana Detection Dogs, Fredric I. Lederer, Calvin M. Lederer
Admissibility Of Evidence Found By Marijuana Detection Dogs, Fredric I. Lederer, Calvin M. Lederer
Fredric I. Lederer
No abstract provided.
Testimonial Deficiencies And Evidentiary Uncertainties In International Criminal Trials, Nancy Amoury Combs
Testimonial Deficiencies And Evidentiary Uncertainties In International Criminal Trials, Nancy Amoury Combs
Nancy Combs
In this article, the author describes the flaws inherent in the process of international criminal tribunals which seek to punish the inhumane actions of dictators. The author first describes how international criminal trials confront severe impediments to accurate factfinding. It continues on to discuss the failure of witnesses in these tribunals to accurately convey the information needed to make a fully- informed decision. This problem is compounded by the fact that what clear information is provided during witness testimony often is inconsistent with the information that the witness previously provided in a pre-trial statement. The author also explores the causes …
Grave Crimes And Weak Evidence: Fact-Finding Evolution In International Criminal Law, Nancy Amoury Combs
Grave Crimes And Weak Evidence: Fact-Finding Evolution In International Criminal Law, Nancy Amoury Combs
Nancy Combs
International criminal courts carry out some of the most important work that a legal system can conduct: prosecuting those who have visited death and destruction on millions. Despite the significance of their work--or perhaps because of it--international courts face tremendous challenges. Chief among them is accurate fact-finding. With alarming regularity, international criminal trials feature inconsistent, vague, and sometimes false testimony that renders judges unable to assess with any measure of certainty who did what to whom in the context of a mass atrocity. This Article provides the first-ever empirical study quantifying fact-finding in an international criminal court. The study shines …
Evidence, Nancy Amoury Combs
Ehearsay, Jeffrey Bellin
The Usefulness Of . . . Evidence, Jeffrey Bellin
Trial By Google: Judicial Notice In The Information Age, Jeffrey Bellin, Andrew Guthrie Ferguson
Trial By Google: Judicial Notice In The Information Age, Jeffrey Bellin, Andrew Guthrie Ferguson
Jeffrey Bellin
This Article presents a theory of judicial notice for the information age. It argues that the ease of accessing factual data on the Internet allows judges and litigants to expand the use of judicial notice in ways that raise significant concerns about admissibility, reliability, and fair process. State and federal courts are already applying the surprisingly pliant judicial notice rules to bring websites ranging from Google Maps to Wikipedia into the courtroom, and these decisions will only increase in frequency in coming years. This rapidly emerging judicial phenomenon is notable for its ad hoc and conclusory nature—attributes that have the …
The Significance (If Any) For The Federal Criminal Justice System Of Advances In Lie Detector Technology, Jeffrey Bellin
The Significance (If Any) For The Federal Criminal Justice System Of Advances In Lie Detector Technology, Jeffrey Bellin
Jeffrey Bellin
Against a backdrop of accelerating developments in the science of lie detection certain to reopen the debate on the reliability and therefore admissibility of lie detector evidence in the federal courts, this Article examines whether the prohibition on hearsay evidence (or other evidentiary objections) will preclude admissibility of even scientifically reliable lie detector evidence. The Article concludes that the hearsay prohibition, which has been largely ignored by courts and commentators, is the primary obstacle to the future admission of scientifically valid lie detector evidence. The Article also suggests a potential solution to the hearsay problem that may allow admission of …
Symposium On The Challenges Of Electronic Evidence, Daniel J. Capra, Sidney A. Fitzwater, Peter Pitegoff, Jeffrey S. Sutton, Paul Grimm, John Haried, Richard W. Vorder Bruegge, Jeffrey Bellin, Paul Scechtman, Deirdre M. Smith, Shira A. Scheindlin, David Shonka, Daniel Gelb, Andrew Goldsmith, George Paul, Paul Lippe
Symposium On The Challenges Of Electronic Evidence, Daniel J. Capra, Sidney A. Fitzwater, Peter Pitegoff, Jeffrey S. Sutton, Paul Grimm, John Haried, Richard W. Vorder Bruegge, Jeffrey Bellin, Paul Scechtman, Deirdre M. Smith, Shira A. Scheindlin, David Shonka, Daniel Gelb, Andrew Goldsmith, George Paul, Paul Lippe
Jeffrey Bellin
No abstract provided.