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Full-Text Articles in Evidence

Throwing A Toy Wrench In The “Greatest Legal Engine”: Child Witnesses And The Confrontation Clause, Jonathan Clow Jan 2015

Throwing A Toy Wrench In The “Greatest Legal Engine”: Child Witnesses And The Confrontation Clause, Jonathan Clow

Washington University Law Review

Cross-examination of witnesses has often been called the “greatest legal engine ever invented for the discovery of truth.” Enshrined in the Confrontation Clause of the Sixth Amendment, this most basic feature of an adversarial legal system guarantees criminal defendants the right to have the prosecution’s witnesses testify in open court and the opportunity to question said witnesses in front of the jury.

The premise underlying this “greatest legal engine” is challenged, however, when children are the “witnesses against” the defendant. Social science and psychological research in recent decades suggest that cross-examination of child witnesses could actually interfere with the ...


Visualizing Probabilistic Proof, Enrique Guerra-Pujol Nov 2014

Visualizing Probabilistic Proof, Enrique Guerra-Pujol

Washington University Jurisprudence Review

The author revisits the Blue Bus Problem, a famous thought-experiment in law involving probabilistic proof, and presents Bayesian solutions to different versions of the blue bus hypothetical. In addition, the author expresses his solutions in standard and visual formats, that is, in terms of probabilities and natural frequencies.


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.