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Full-Text Articles in Evidence
The Admissibility Of Electronic Evidence Under The Federal Rules Of Evidence, Jonathan D. Frieden, Leigh M. Murray
The Admissibility Of Electronic Evidence Under The Federal Rules Of Evidence, Jonathan D. Frieden, Leigh M. Murray
Richmond Journal of Law & Technology
Following the December 2006 amendments to the Federal Rules of Civil Procedure, much has been written about the discovery of electronically-stored information.
Daubert And The Quest For Value-Free "Scientific Knowledge" In The Courtroom, Alexander Morgan Capron
Daubert And The Quest For Value-Free "Scientific Knowledge" In The Courtroom, Alexander Morgan Capron
University of Richmond Law Review
In a world that grows more technologically complex every day and in which scientific research continually expands both our understanding of, and our questions about, the operation of the natural and man-made world, it is hardly surprising that science should show up with increasing frequency in our court-rooms. Science itself is sometimes at issue, for example, in proceedings on allegations of scientific misconduct or in disputes over the ownership or patentability of technologies. But more frequently, science enters in aid of resolving a case in which a complex question of causation is at issue. To establish or rebut causation, each …
Clinging To History: The Supreme Court (Mis)Interprets Federal Rule Of Evidence 801(D)(1)(B) As Containing A Temporal Requirement, Christopher A. Jones
Clinging To History: The Supreme Court (Mis)Interprets Federal Rule Of Evidence 801(D)(1)(B) As Containing A Temporal Requirement, Christopher A. Jones
University of Richmond Law Review
The adoption of the Federal Rules of Evidence (the Rules) resulted in a more liberal standard for the admission and use of various forms of evidence. For example, the Rules altered the definition of "relevant evidence" increasing the scope of evidence that can be presented to a jury. Also, the Rules per- mit prior inconsistent statements to be admitted as substantive evidence rather than for impeachment purposes only. The Advisory Committee enunciated these changes, and other changes resulting from the adoption of the Rules, in their notes accompanying the Rules.
Taking The Sizzle Out Of The Frye Rule: Daubert V. Merrell Dow Pharmaceuticals Opens The Door To Novel Expert Testimony, Kimberly Ann Satterwhite
Taking The Sizzle Out Of The Frye Rule: Daubert V. Merrell Dow Pharmaceuticals Opens The Door To Novel Expert Testimony, Kimberly Ann Satterwhite
University of Richmond Law Review
In Frye v. United States, the Court of Appeals of the District of Columbia affirmed a trial court's exclusion of lie detector test results on the ground that such tests had not been "generally accepted" by the scientific community. The Frye rule, or "general acceptance" standard, quickly became the dominant test for the admission of scientific evidence. Decided in 1923, Frye governed evidentiary decisions in a majority of federal circuits for the next seventy years. The adoption of the Federal Rules of Evidence in 1975, however, prompted several judges to question the validity of Frye. Since the enactment of the …
The Newsman's Confidential Source Privilege In Virginia, Phillip Randolph Roach Jr.
The Newsman's Confidential Source Privilege In Virginia, Phillip Randolph Roach Jr.
University of Richmond Law Review
The two hundredth anniversary celebration of the United States Constitution in 1987 provided an excellent opportunity to reflect upon how we now interpret the political doctrines that influenced the founding fathers in forming our government. At the time of the American Revolution, the basic tenets and freedoms that were written into the Declaration of Independence, and later incorporated into the Bill of Rights through the efforts of James Madison and George Mason of Virginia were considered essential human rights.
Voice Spectrography Evidence: Approaches To Admissibility, Sharon E. Gregory
Voice Spectrography Evidence: Approaches To Admissibility, Sharon E. Gregory
University of Richmond Law Review
The admissibility of the results of voiceprint' analysis as evidence in a criminal trial has received a great deal of attention in the last ten years, both from legal scholars and in the courts. Although a relative newcomer to the field of forensic science, voice spectrography is not a recent development in the field of evidence; Wigmore foresaw the use of a voiceprint as early as 1937, when he suggested that the individuality of a person's voice provided a possible means of speaker identification.
Improving Expert Testimony, Jack B. Weinstein
Improving Expert Testimony, Jack B. Weinstein
University of Richmond Law Review
Our real world outside the ivory towers of academia and the courts grows more and more complex. The law's use of expert witnesses has expanded at a pace reflective of society's reliance on specialized knowledge. Hardly a case of importance is tried today in the federal courts without the involvement of a number of expert witnesses.
A Practitioner's Guide To The Federal Rules Of Evidence
A Practitioner's Guide To The Federal Rules Of Evidence
University of Richmond Law Review
On July 1, 1975, the Federal Rules of Evidence went into effect. President Ford's signature on Public Law 93-595 was the culmination of nearly twenty years of study, drafting, and debate. Obviously the decision to codify federal evidence law was not lightly made, but the desire for uniformity ultimately made the Rules possible. As with all major legislation, compromise was necessary and certain areas of the law were left untouched. Criminal presumptions represent one such area. In other areas, such as privilege, only minimal codification was possible. The final result is a good set of rules, but one which might …