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Evidence Commons

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University of Kentucky

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Full-Text Articles in Evidence

Reflections On Motion Picture Evidence, Brian L. Frye Jan 2017

Reflections On Motion Picture Evidence, Brian L. Frye

Law Faculty Scholarly Articles

Courts have long admitted motion pictures as evidence. But until recently, making motion pictures was expensive and cumbersome. Today, making motion pictures is cheap and easy. And as a result, people make so many of them. As Cocteau predicted, the democratization of motion pictures has enabled people to create new forms of motion picture art. But it has also enabled people to create new forms of motion picture evidence. This article offers a brief history of motion picture evidence in the United States, and reflects on the use of motion picture evidence by the Supreme Court.


The Promises And Pitfalls Of State Eyewitness Identification Reforms, Nicholas A. Kahn-Fogel Jan 2016

The Promises And Pitfalls Of State Eyewitness Identification Reforms, Nicholas A. Kahn-Fogel

Kentucky Law Journal

This article provides a comprehensive analysis of state-based eyewitness identification reforms, including legislative directives, evidentiary rules, and judicial interpretations of state constitutions as providing greater protection against the use of unreliable eyewitness evidence than the United State Supreme Court offered in its 1977 decision in Manson v. Brathwaite. While previous scholarship has included thorough consideration of a single state's eyewitness law, state-by-state analysis of a sub-issue in eyewitness law, and brief general surveys of state approaches to eyewitness reform, this article adds to the current body of scholarship with an in-depth evaluation of eyewitness identification law in states that ...


The Use Of False Dna Evidence To Gain A Confession During Interrogation Is Classic Coercion: Why Such Coerced Confessions Should Not Be Admissible In A Criminal Trial, Andrea Reed Jan 2016

The Use Of False Dna Evidence To Gain A Confession During Interrogation Is Classic Coercion: Why Such Coerced Confessions Should Not Be Admissible In A Criminal Trial, Andrea Reed

Kentucky Law Journal

No abstract provided.


Ringers Revisited, Richard H. Underwood Jul 2013

Ringers Revisited, Richard H. Underwood

Law Faculty Scholarly Articles

In this short essay, Professor Underwood addresses an important development in the law dealing with eyewitness testimony and the New Jersey case of State v. Henderson. He gets at the subject by looking back to a 1950s television play starring fellow Kentucky resident, William Shatner. However, in this particular instance, William Shatner would not change the world.


Compelled Investigatory And Testimonial Speech: An Overdue Clarification Of The Public Employee Speech Doctrine That Rehabilitates "All Of The Values At Stake", Molly K. Smith Jan 2013

Compelled Investigatory And Testimonial Speech: An Overdue Clarification Of The Public Employee Speech Doctrine That Rehabilitates "All Of The Values At Stake", Molly K. Smith

Kentucky Law Journal

No abstract provided.


Following The Rules: Exclusion Of Witness, Sequestration, And No-Consultation Orders, Richard H. Underwood Apr 2012

Following The Rules: Exclusion Of Witness, Sequestration, And No-Consultation Orders, Richard H. Underwood

Law Faculty Scholarly Articles

In this Article, Professor Underwood discusses the varying application of Rule 615 of the Federal Rules of Evidence, which provides for the exclusion of witnesses. He explains that varying application of Rule 615 and state evidence rules following Rule 615's language creates misunderstandings at trial. Thus, it is important to know not only the federal and local rules but also the "way things are done" in a particular court.


Spare The Rod, Spoil The Litigator? The Varying Degrees Of Culpability Required For An Adverse Inference Sanction Regarding Spoliation Of Electronic Discovery, Lauren R. Nichols Jan 2011

Spare The Rod, Spoil The Litigator? The Varying Degrees Of Culpability Required For An Adverse Inference Sanction Regarding Spoliation Of Electronic Discovery, Lauren R. Nichols

Kentucky Law Journal

No abstract provided.


Making Stuff Up, Richard H. Underwood Jul 2010

Making Stuff Up, Richard H. Underwood

Law Faculty Scholarly Articles

Beginning with an article in this Journal almost thirty years ago, Professor Underwood continues to research and write about legal ethics and litigation. In this Commentary, he offers a witty look at several cases where, in his opinion, the judge allowed improper arguments to the jury.


Clifford V. Commonwealth: Admission Of Racial Voice Identification Testimony, Regressive Or Progressive?, D. Christopher Robinson Jan 2006

Clifford V. Commonwealth: Admission Of Racial Voice Identification Testimony, Regressive Or Progressive?, D. Christopher Robinson

Kentucky Law Journal

No abstract provided.


Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires Jan 2005

Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires

Kentucky Law Journal

No abstract provided.


Scientific, Technical, And Forensic Evidence, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Feb 2002

Scientific, Technical, And Forensic Evidence, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Scientific, Technical, and Forensic Evidence held by UK/CLE in February 2002.


Dangerous Patients: An Exception To The Federal Psychotherapist-Patient Privilege, Huston Combs Jan 2002

Dangerous Patients: An Exception To The Federal Psychotherapist-Patient Privilege, Huston Combs

Kentucky Law Journal

No abstract provided.


Child Witness Policy: Law Interfacing With Social Science, Louise E. Graham, Dorothy F. Marsil, Jean Montoya, David Ross Jan 2002

Child Witness Policy: Law Interfacing With Social Science, Louise E. Graham, Dorothy F. Marsil, Jean Montoya, David Ross

Law Faculty Scholarly Articles

The number of children testifying in court has posed serious practical and legal problems for the judicial system. One problem confronting the courts is how to protect children from experiencing the psychological trauma resulting from a face-to-face confrontation with a defendant who may have physically harmed the child or threatened future harm to the child. Another concern is that this trauma may impair children's memory performance and their willingness to disclose the truth. In response to these concerns, child witness innovations proliferated throughout the United States in the 1980s and 1990s. Among the innovations were: placing a screen between ...


Evidence And Trial Practice, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Oct 2001

Evidence And Trial Practice, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Evidence and Trial Practice held by UK/CLE in October 2001.


Evaluating Scientific And Forensic Evidence, Richard H. Underwood Jul 2000

Evaluating Scientific And Forensic Evidence, Richard H. Underwood

Law Faculty Scholarly Articles

Professor Underwood offers a critique of the present state of scientific and forensic evidence. In the context of discussing four challenges to the field, the author arms the practitioner with strategies and tactics for making effective use of scientific and forensic testimony.


Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson Jan 2000

Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson

Law Faculty Scholarly Articles

How do you modify laws that simultaneously exist as statutes and rules of court? For reasons that are described elsewhere and need not be repeated here, the Kentucky Rules of Evidence (K.R.E.) came into existence through concurrent enactment by the General Assembly and Kentucky Supreme Court and thus are endowed with all the attributes of both statutes and rules of court. So, how do you change them when the inevitable need to do so arises, a question made both interesting and difficult by the fact that there is no institutional mechanism for concurrent lawmaking by the General Assembly ...


Modifying The Kentucky Rules Of Evidence--A Separation Of Powers Issue, Robert G. Lawson Jan 2000

Modifying The Kentucky Rules Of Evidence--A Separation Of Powers Issue, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Interpretation Of The Kentucky Rules Of Evidence--What Happened To The Common Law?, Robert G. Lawson Jan 1999

Interpretation Of The Kentucky Rules Of Evidence--What Happened To The Common Law?, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Interpretation Of The Kentucky Rules Of Evidence—What Happened To The Common Law?, Robert G. Lawson Jan 1999

Interpretation Of The Kentucky Rules Of Evidence—What Happened To The Common Law?, Robert G. Lawson

Law Faculty Scholarly Articles

The Kentucky Rules of Evidence, which became effective on July 1, 1992, dramatically transformed the method by which lawyers and judges address evidence issues. Before the adoption of the Rules, the law of evidence consisted mostly of a vast collection of common law rulings, accumulated over two centuries and inaccessible to lawyers and judges for all practical purposes. In addressing an evidence issue, participants had to first deal with the problem of "finding" the law-distilling from a morass of conflicting common law precedents the ones applicable to the issue at hand, a task regularly producing contention rather than agreement and ...


Kentucky Law Survey: Evidence, Robert G. Lawson Jan 1998

Kentucky Law Survey: Evidence, Robert G. Lawson

Law Faculty Scholarly Articles

This Article is a survey of recent developments in evidence law. It focuses on specific issues, including statements for medical treatment or diagnosis, tape recordings, "probativeness" versus "prejudice," and others.


Kentucky Law Survey: Evidence, Robert G. Lawson Jan 1998

Kentucky Law Survey: Evidence, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


The Limits Of Cross-Examination, Richard H. Underwood Jul 1997

The Limits Of Cross-Examination, Richard H. Underwood

Law Faculty Scholarly Articles

In this article, the author compiles the history and methodology of cross-examination from ancient Greece to the modern era. The reality and ethics of cross-examination are explored through anecdotes and detailed histories.


Perjury: An Anthology, Richard H. Underwood Oct 1996

Perjury: An Anthology, Richard H. Underwood

Law Faculty Scholarly Articles

Professor Underwood takes an in-depth look at the occurrence of perjury from ancient Rome to the O.J. Simpson trial. This journey through time provides insight into the motives of perjurers, the difficulties involved in catching them; and the alarming frequency with which they succeed, unchastised.


Currency Contamination And Drug-Sniffing Canines: Should Any Evidentiary Value Be Attached To A Dog's Alert On Cash?, Andy G. Rickman Jan 1996

Currency Contamination And Drug-Sniffing Canines: Should Any Evidentiary Value Be Attached To A Dog's Alert On Cash?, Andy G. Rickman

Kentucky Law Journal

No abstract provided.


"X-Spurt" Witnesses, Richard H. Underwood Oct 1995

"X-Spurt" Witnesses, Richard H. Underwood

Law Faculty Scholarly Articles

In this article the author pulls together a history of expert witnesses in common law systems. Various issues are explored regarding expert witness testimony, including: the historical underpinnings of the practice, how Daubert controls that issue in modern times, rules of evidence, psychological science, and professional ethics.


The Dangers Of "General Observations" On Expert Scientific Testimony: A Comment On Daubert V. Merrell Dow Pharmaceuticals, Inc., Robert F. Blomquist Jan 1994

The Dangers Of "General Observations" On Expert Scientific Testimony: A Comment On Daubert V. Merrell Dow Pharmaceuticals, Inc., Robert F. Blomquist

Kentucky Law Journal

No abstract provided.


False Witness: A Lawyer's History Of The Law Of Perjury, Richard H. Underwood Oct 1993

False Witness: A Lawyer's History Of The Law Of Perjury, Richard H. Underwood

Law Faculty Scholarly Articles

From Cain to Potiphar's Wife to the pig and chicken laws of the Lex Salica of Clovis I, Professor Underwood examines the role of the false witness throughout history. Take a voyage extraordinaire and encounter some of history's most notorious perjurers.


Admissibility Of Expert Testimony On Child Sexual Abuse Accommodation Syndrome In Kentucky, Michele Meyer Mccarthy Jan 1993

Admissibility Of Expert Testimony On Child Sexual Abuse Accommodation Syndrome In Kentucky, Michele Meyer Mccarthy

Kentucky Law Journal

No abstract provided.


United States V. Piccinonna: The Eleventh Circuit Adds Another Approach To Polygraph Evidence In The Federal System, W. Thomas Halbleib Jan 1991

United States V. Piccinonna: The Eleventh Circuit Adds Another Approach To Polygraph Evidence In The Federal System, W. Thomas Halbleib

Kentucky Law Journal

No abstract provided.


Rethinking The Right To Due Process In Connection With Pretrial Identification Procedures: An Analysis And A Proposal, Benjamin E. Rosenberg Jan 1990

Rethinking The Right To Due Process In Connection With Pretrial Identification Procedures: An Analysis And A Proposal, Benjamin E. Rosenberg

Kentucky Law Journal

No abstract provided.