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Evidence Commons

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Articles 1 - 25 of 25

Full-Text Articles in Evidence

Character Flaws, Frederic Bloom Jan 2018

Character Flaws, Frederic Bloom

Articles

Character evidence doctrine is infected by error. It is riddled with a set of pervasive mistakes and misconceptions—a group of gaffes and glitches involving Rule 404(b)’s “other purposes” (like intent, absence of accident, and plan) that might be called “character flaws.” This Essay identifies and investigates those flaws through the lens of a single, sensational case: United States v. Henthorn. By itself, Henthorn is a tale worth telling—an astonishing story of danger and deceit, malice and murder. But Henthorn is more than just a stunning story. It is also an example and an opportunity, a chance ...


"Make Him An Offer He Can't Refuse"-- Mezzanatto Waivers As Lynchpin Of Prosecutorial Overreach, Christopher B. Mueller Jan 2017

"Make Him An Offer He Can't Refuse"-- Mezzanatto Waivers As Lynchpin Of Prosecutorial Overreach, Christopher B. Mueller

Articles

Plea bargaining is the dominant means of disposing of criminal charges in the United States, in both state and federal courts. This administrative mechanism has become a system that is grossly abusive of individual rights, leading to many well-known maladies of the criminal justice system, which include overcharging, overincarceration, convictions on charges that would likely fail at trial, and even conviction of “factually innocent” persons. Instrumental in the abuses of plea bargaining is the so-called Mezzanatto waiver, which takes its name from a 1995 Supreme Court decision that approved the practice of getting defendants to agree that anything they say ...


Cross-Examination Earlier Or Later: When Is It Enough To Satisfy Crawford?, Christopher B. Mueller Jan 2007

Cross-Examination Earlier Or Later: When Is It Enough To Satisfy Crawford?, Christopher B. Mueller

Articles

No abstract provided.


Crawford At Two: Testimonial Hearsay And The Confrontation Clause, H. Patrick Furman Jan 2006

Crawford At Two: Testimonial Hearsay And The Confrontation Clause, H. Patrick Furman

Articles

This article addresses the response of Colorado courts, and that of certain other jurisdictions, to the 2004 U.S. Supreme Court decision in Crawford v. Washington.


Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman Jan 2003

Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman

Articles

No abstract provided.


Tales Out Of School--Spillover Confessions And Against-Interest Statements Naming Others, Christopher B. Mueller Jan 2001

Tales Out Of School--Spillover Confessions And Against-Interest Statements Naming Others, Christopher B. Mueller

Articles

No abstract provided.


That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson Jan 1996

That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson

Articles

No abstract provided.


Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi Jan 1996

Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi

Articles

No abstract provided.


Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller Jan 1996

Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller

Articles

No abstract provided.


Self-Defense In Colorado, H. Patrick Furman Jan 1995

Self-Defense In Colorado, H. Patrick Furman

Articles

No abstract provided.


Incoming Drug Calls And Performative Words: They're Not Just Talking About It, Baron Parke!, Christopher B. Mueller Jan 1995

Incoming Drug Calls And Performative Words: They're Not Just Talking About It, Baron Parke!, Christopher B. Mueller

Articles

No abstract provided.


The Consent Exception To The Warrant Requirement, H. Patrick Furman Jan 1994

The Consent Exception To The Warrant Requirement, H. Patrick Furman

Articles

No abstract provided.


Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman Jan 1993

Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman

Articles

No abstract provided.


Meta-Evidence: Do We Need It?, Christopher B. Mueller Jan 1992

Meta-Evidence: Do We Need It?, Christopher B. Mueller

Articles

No abstract provided.


The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman Jan 1991

The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman

Articles

No abstract provided.


Prior Inconsistent Statements, H. Patrick Furman Jan 1988

Prior Inconsistent Statements, H. Patrick Furman

Articles

No abstract provided.


The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi Jan 1985

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

Articles

No abstract provided.


Historical Truth, Narrative Truth, And Expert Testimony, Marianne Wesson Jan 1985

Historical Truth, Narrative Truth, And Expert Testimony, Marianne Wesson

Articles

No abstract provided.


The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller Jan 1984

The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller

Articles

No abstract provided.


Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag Jan 1982

Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag

Articles

No abstract provided.


The Adversary Model Is Bent, Willim T. Pizzi, Phillip S. Figa, Kenneth E. Barnhill, Jr. Jan 1980

The Adversary Model Is Bent, Willim T. Pizzi, Phillip S. Figa, Kenneth E. Barnhill, Jr.

Articles

No abstract provided.


Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller Jan 1978

Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller

Articles

No abstract provided.


Current Decision, Weight And Admissibility Of Chemical Tests As Evidence Of Intoxication, Howard Klemme Jan 1953

Current Decision, Weight And Admissibility Of Chemical Tests As Evidence Of Intoxication, Howard Klemme

Articles

No abstract provided.


Current Decision, Right To Inspect Memoranda Used To Revive Recollection, Howard Klemme Jan 1953

Current Decision, Right To Inspect Memoranda Used To Revive Recollection, Howard Klemme

Articles

No abstract provided.


Current Decision, Due Process--Use Of Blood Tests To Determine Intoxication Not Violative Of Due Process, Howard Klemme Jan 1953

Current Decision, Due Process--Use Of Blood Tests To Determine Intoxication Not Violative Of Due Process, Howard Klemme

Articles

No abstract provided.