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Articles 1 - 18 of 18
Full-Text Articles in Evidence
Anything You Say (Or Like, Repost, And Quote) Can Be Used Against You, Alexandra Heyl
Anything You Say (Or Like, Repost, And Quote) Can Be Used Against You, Alexandra Heyl
Catholic University Law Review
Social media allows users to exchange thoughts and ideas without saying a single word. Whether a user “likes” “reposts” or “quotes” third-party content, a user publicly interacts with content authored by someone else with the click of a button. Is this online activity more akin to a user making a statement, adopting a third-party’s statement, or not making a statement at all? Does it matter? Only certain statements can be used against you at trial. Federal Rule of Evidence (“Federal Rule”) 802(a) provides that “hearsay” is an out-of-court statement offered for the truth of the matter asserted. According to Federal …
Forensic Microbiome Evidence: Fourth Amendment Applications And Court Acceptance, Trason Lasley
Forensic Microbiome Evidence: Fourth Amendment Applications And Court Acceptance, Trason Lasley
Catholic University Journal of Law and Technology
No abstract provided.
State Spoliation Claims In Federal District Courts, Jeffrey A. Parness
State Spoliation Claims In Federal District Courts, Jeffrey A. Parness
Catholic University Law Review
The increasing amounts of electronically stored information (ESI) relevant to civil litigation, and the ease of their loss, caused federal lawmakers explicitly to address the possible consequences of certain pre-suit or post-suit ESI losses. These lawmakers acted in both 2006 and 2015 through Federal Civil Procedure (FRCP) 37(e). But they acted only on certain ESI. Their actions have prompted increasing attention to the significant risks of pre-suit and post-suit losses of all ESI, and of non-ESI, otherwise discoverable in civil actions. In addition, their actions have spurred increasing attention to the availability of substantive law claims involving spoliation of information …
Passcodes, Protection, And Legal Practicality: The Necessity Of A Digital Fifth Amendment, Ethan Swierczewski
Passcodes, Protection, And Legal Practicality: The Necessity Of A Digital Fifth Amendment, Ethan Swierczewski
Catholic University Journal of Law and Technology
No abstract provided.
The Attorney-Client Privilege And Former Employees, Douglas R. Richmond
The Attorney-Client Privilege And Former Employees, Douglas R. Richmond
Catholic University Law Review
Attorney-client relationships are infused with confidentiality, and the attorney-client privilege is critical to the protection of sensitive and important communications between clients and their lawyers. Organizational clients, like individuals, are entitled to assert the attorney-client privilege concerning communications that fall within its scope.
In the organizational context, a common problem is determining who among the entity’s employees speaks on its behalf, such that communications between the entity’s lawyers and those employees may be protected against discovery by the organization’s adversaries and other third parties. And, of course, as organizations experience the inevitable turnover in their workforces, another issue surfaces: when, …
You Can't Trust Everything On The Internet: A Look Into Texas' And Maryland's Approach Of Social Media Authentication, Danielle Orr
You Can't Trust Everything On The Internet: A Look Into Texas' And Maryland's Approach Of Social Media Authentication, Danielle Orr
Catholic University Journal of Law and Technology
If unauthenticated evidence is admitted into the court's record, and makes a defendant’s charge more probable, that defendant’s Fifth and Fourteenth Amendment rights to life and liberty have been violated. Social media evidence, due to the ease of hacking and catfishing, can be unreliable, thus Maryland and Texas have led the way, with two respective approaches, on how to handle such evidence. Maryland, with its proscribed three authentication methods, has a less trusting view of social media, and realizes the dangers wrongfully entered evidence may have on a defendant’s due process. Alternatively, Texas has not heighten scrutiny on social media …
An Erie Approach To Privilege Doctrine., Megan M. La Belle
An Erie Approach To Privilege Doctrine., Megan M. La Belle
Scholarly Articles
This short essay considers the HannStar and Silver cases and begins a discussion of the impact that the Erie doctrine has—and, more importantly, ought to have—on privilege law. While Erie is considered by many as “one of the modern cornerstones of our federalism,” the doctrine is important too for the change it can effect through the cross pollination of ideas among tribunals. Because privilege laws reflect deliberate policy choices by legislatures and courts, the Erie doctrine arguably plays a particularly vital role in developing this area of the law.
Federal Criminal Defendants Out Of The Frying Pan And Into The Fire? Brady And The United States Attorney’S Office, Vida B. Johnson
Federal Criminal Defendants Out Of The Frying Pan And Into The Fire? Brady And The United States Attorney’S Office, Vida B. Johnson
Catholic University Law Review
The Supreme Court decided Brady v. Maryland in an effort to ensure fair trials and fair outcomes. The Brady decision requires prosecutors to disclose exculpatory evidence regarding guilt of the defendant. The Brady rule is meant to ensure innocent defendants are not convicted for crimes they did not commit. This rule should have unanimous support from both prosecution and defense teams, and yet Brady violations continue to occur within prosecutor offices around the country.
No offender highlights the short comings of the current system more so than the United States Attorney’s Office. Since the Brady decision, the USAO has repeated …
Touch Dna And Chemical Analysis Of Skin Trace Evidence: Protecting Privacy While Advancing Investigations, Mary Graw Leary
Touch Dna And Chemical Analysis Of Skin Trace Evidence: Protecting Privacy While Advancing Investigations, Mary Graw Leary
Scholarly Articles
Forensic science transforms criminal investigations by resolving previously unsolvable cases and bringing an increased sense of justice to communities. This application of scientific disciplines to legal questions aids investigators in solving crimes. While many sciences can be utilized—such as physics (pattern evidence), chemistry (toxicology), or biology (cause of death), to name a few—two aspects of scientific advancement have played an outsized role in responding to crime. Trace evidence analysis—specifically, deoxyribonucleic acid (DNA) analysis—is an essential component to an effective and accurate criminal justice system. DNA evidence has emerged as a powerful tool to identify perpetrators of unspeakable crimes and to …
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton
Catholic University Journal of Law and Technology
No abstract provided.
Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye
Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye
Catholic University Journal of Law and Technology
No abstract provided.
Inmates’ E-Mails With Their Attorneys: Off-Limits For The Government?, Amelia H. Barry
Inmates’ E-Mails With Their Attorneys: Off-Limits For The Government?, Amelia H. Barry
Catholic University Law Review
The attorney-client privilege is vital to inmates who otherwise have limited opportunities for private communications in prison. Traditionally, inmates have only been able to communicate with their attorneys via in-person visits, phone calls, and mailed letters. As federal inmates have begun using e-mail to converse with their attorneys, courts have had to determine if these conversations are protected by the attorney-client privilege. This Comment discusses courts’ approaches to this question, many of which have found that inmates’ e-mail communications with their attorneys are not privileged because by using the federal prison e-mail system, which warns users that conversations can be …
Can’T Touch This? Making A Place For Touch Dna In Post-Conviction Dna Testing Statutes, Victoria Kawecki
Can’T Touch This? Making A Place For Touch Dna In Post-Conviction Dna Testing Statutes, Victoria Kawecki
Catholic University Law Review
No abstract provided.
No Secrets Allowed: A Prosecutor’S Obligation To Disclose Inadmissible Evidence, Abigail B. Scott
No Secrets Allowed: A Prosecutor’S Obligation To Disclose Inadmissible Evidence, Abigail B. Scott
Catholic University Law Review
No abstract provided.
The Return Of “Voodoo Information”: A Call To Resist A Heightened Authentication Standard For Evidence Derived From Social Networking Websites, Richard Fox
Catholic University Law Review
No abstract provided.
Recordings, Transcripts And Translations As Evidence, Clifford S. Fishman
Recordings, Transcripts And Translations As Evidence, Clifford S. Fishman
Scholarly Articles
Secretly recorded conversations often play a vital role in criminal trials. However, circumstances such as background noise, accidents, regional or national idioms, jargon, or code may make it difficult for a jury to hear or understand what was said--even if all participants were speaking English. Thus, a recording's value as evidence will often depend on whether an accurate transcript may be distributed to the jury. This Article discusses several legal issues, including: Who should prepare a transcript? What should it contain? How should its accuracy be determined, and by whom? Should the transcript be considered evidence, or only an "aid …
Consent, Credibility And The Constitution: Evidence Relating To A Sex Offense Complainant’S Prior Sexual Behavior, Clifford S. Fishman
Consent, Credibility And The Constitution: Evidence Relating To A Sex Offense Complainant’S Prior Sexual Behavior, Clifford S. Fishman
Scholarly Articles
This article analyzes the theories cited by defendants, and occasionally prosecutors, to admit evidence of a rape complainant's prior sexual conduct. On the whole, courts have adequately balanced the conflicting interests presented by such evidence with concern for justice and equity. Substantial clarification, however, is required as to whether a judge is authorized, in deciding upon admissibility, to assess the credibility of the complainant, defendant, and other witnesses.
Effective Instructions To The Federal Jury In Civil Cases: A Consideration In Microcosm, George P. Smith Ii
Effective Instructions To The Federal Jury In Civil Cases: A Consideration In Microcosm, George P. Smith Ii
Scholarly Articles
One of the most intriguing topics of current conversation among today's experienced, as well as inexperienced, trial lawyers is the preparation and use of jury instructions. This interest is initiated within the law school setting, where professors teaching courses in evidence and procedure will invariably seek to impart in one lecture-or implicitly consider throughout the entire course-what they consider to be the rationale for effective and successful jury instructions. Yet it has only been recently that the federal bench has expressed itself with convincing clarity on this timely matter. Previously, unrecorded comments and ideas concerning the preparation of jury instructions …