Open Access. Powered by Scholars. Published by Universities.®

Evidence Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 17 of 17

Full-Text Articles in Evidence

Policing Predictive Policing, Andrew G. Ferguson Jan 2017

Policing Predictive Policing, Andrew G. Ferguson

Washington University Law Review

Predictive policing is sweeping the nation, promising the holy grail of policing—preventing crime before it happens. The technology has far outpaced any legal or political accountability and has largely escaped academic scrutiny. This article examines predictive policing’s evolution with the goal of providing the first practical and theoretical critique of this new policing strategy. Building on insights from scholars who have addressed the rise of risk assessment throughout the criminal justice system, this article provides an analytical framework to police new predictive technologies.


Bringing Guns To A Gun Fight: Why The Adversarial System Is Best Served By A Policy Compelling Attorneys To Ethically Mine For Metadata, Justin Fong Nov 2014

Bringing Guns To A Gun Fight: Why The Adversarial System Is Best Served By A Policy Compelling Attorneys To Ethically Mine For Metadata, Justin Fong

Washington University Jurisprudence Review

No abstract provided.


Confined To A Narrative: Approaching Rape Shield Laws Through Legal Narratology, Kathryn C. Swiss Jan 2014

Confined To A Narrative: Approaching Rape Shield Laws Through Legal Narratology, Kathryn C. Swiss

Washington University Jurisprudence Review

No abstract provided.


The Practical Mandates Of The Fourth Amendment: A Behavioral Argument For The Exclusionary Rule And Warrant Preference, Bryan D. Lammon Jan 2007

The Practical Mandates Of The Fourth Amendment: A Behavioral Argument For The Exclusionary Rule And Warrant Preference, Bryan D. Lammon

Washington University Law Review

No abstract provided.


Accuracy Where It Matters: Brady V. Maryland In The Plea Bargaining Context, Corinna Barrett Lain Jan 2002

Accuracy Where It Matters: Brady V. Maryland In The Plea Bargaining Context, Corinna Barrett Lain

Washington University Law Review

Decided in 1963, Brady v. Maryland imposes on prosecutors a duty to share with defendants information favorable to the defense and material to guilt or punishment. Under Brady and its progeny, prosecutors must disclose impeachment as well as exculpatory information, and are not excused from nondisclosure even if they never received a request for the information or were unaware that the government had it to give. In the analysis below, I argue that Brady’s role in protecting the innocent from wrongful conviction is just as essential in the plea bargaining context as it is at trial, and that therefore ...


Life But Not Liberty? An Assessment Of Noncapital Indigent Defendants' Rights To Expert Assistance Under The Ake V. Oklahoma Doctrine, Amber J. Mcgraw Jan 2001

Life But Not Liberty? An Assessment Of Noncapital Indigent Defendants' Rights To Expert Assistance Under The Ake V. Oklahoma Doctrine, Amber J. Mcgraw

Washington University Law Review

No abstract provided.


Upward Departures From The Sentencing Guidelines: Should Nonsimilar, Outdated Convictions Provide A Basis For Departure? United States V. Diaz-Collado, 981 F.2d 640 (2d Cir. 1992), Cert. Denied, 113 S. Ct. 2934 (1993), Carol A. Shubinski Jan 1994

Upward Departures From The Sentencing Guidelines: Should Nonsimilar, Outdated Convictions Provide A Basis For Departure? United States V. Diaz-Collado, 981 F.2d 640 (2d Cir. 1992), Cert. Denied, 113 S. Ct. 2934 (1993), Carol A. Shubinski

Washington University Law Review

No abstract provided.


Use Of Post-Arrest, Pre-Warning Silence Is Permissible To Impeach Defendant's Exculpatory Trial Testimony, Fletcher V. Weir, 102 S. Ct. 1309, Kevin D. Gordon Jan 1983

Use Of Post-Arrest, Pre-Warning Silence Is Permissible To Impeach Defendant's Exculpatory Trial Testimony, Fletcher V. Weir, 102 S. Ct. 1309, Kevin D. Gordon

Washington University Law Review

No abstract provided.


Is It Time For A Change In The Exclusionary Rule? United States V. Williams And The Good Faith Exception, Robert Oliver Lesley Jan 1982

Is It Time For A Change In The Exclusionary Rule? United States V. Williams And The Good Faith Exception, Robert Oliver Lesley

Washington University Law Review

No abstract provided.


New Fifth Amendment Interrogation Definition Allows Subtle Compulsion, Rhode Island V. Innis, 446 U.S. 291 (1980) Jan 1981

New Fifth Amendment Interrogation Definition Allows Subtle Compulsion, Rhode Island V. Innis, 446 U.S. 291 (1980)

Washington University Law Review

No abstract provided.


Proper Disposition Of Seized Papers And Effects, Michael E. Geltner Jan 1979

Proper Disposition Of Seized Papers And Effects, Michael E. Geltner

Washington University Law Review

This Article examines what the United States Constitution and other laws mandate with respect to seized property both before and after its use as evidence in litigation.


Prosecutor's Duty To Disclose Reconsidered, United States V. Agurs, 96 S. Ct. 2392 (1976) Jan 1976

Prosecutor's Duty To Disclose Reconsidered, United States V. Agurs, 96 S. Ct. 2392 (1976)

Washington University Law Review

No abstract provided.


Mistake, Ignorance, Expectation Of Benefit, And The Modern Law Of Confessions, George E. Dix Jan 1975

Mistake, Ignorance, Expectation Of Benefit, And The Modern Law Of Confessions, George E. Dix

Washington University Law Review

This Article is an examination of the legal significance of several possible characteristics of a confessing defendant’s state of mind: his ignorance or mistake concerning the facts or the law relating thereto (whether influenced by affirmative and intentional deception by law enforcement authorities, by good faith promises and representations of such persons, or by other factors) and reliance upon expectations that he will in some way benefit from the confession. The thesis presented here is that the lack of clarity in regard to these issues results from the selection of legal vehicles manifestly inappropriate for dealing with the underlying ...


Due Process Requirements For Use Of Non-Statutory Inferences In Criminal Cases, Barnes V. United States, 412 U.S. 837 (1973) Jan 1973

Due Process Requirements For Use Of Non-Statutory Inferences In Criminal Cases, Barnes V. United States, 412 U.S. 837 (1973)

Washington University Law Review

No abstract provided.


Admissibility Of Confessions Obtained In Violation Of The Juvenile Code, State V. Arbeiter, 408 S.W.2d 26 (Mo. 1966) Jan 1967

Admissibility Of Confessions Obtained In Violation Of The Juvenile Code, State V. Arbeiter, 408 S.W.2d 26 (Mo. 1966)

Washington University Law Review

No abstract provided.


Standing To Object To An Unlawful Search And Seizure Jan 1965

Standing To Object To An Unlawful Search And Seizure

Washington University Law Review

No abstract provided.


Rules Of Evidence As A Factor In Probable Cause In Grand Jury Proceedings And Preliminary Examinations Jan 1963

Rules Of Evidence As A Factor In Probable Cause In Grand Jury Proceedings And Preliminary Examinations

Washington University Law Review

No abstract provided.