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Evidence Commons

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Washington University in St. Louis

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Articles 31 - 60 of 91

Full-Text Articles in Evidence

Reputation And Character In Defamation Actions, Charles W. Ehrhardt Jan 1986

Reputation And Character In Defamation Actions, Charles W. Ehrhardt

Washington University Law Review

This Article will focus on a number of evidentiary issues relating to the plaintiff's reputation and character which arise in light of Gertz and Dun & Bradstreet. Although a public-issue plaintiff must show actual injury, there has been little attention given to modem evidentiary techniques available to either party to accurately show whether any injury occurred. In addition to discussing these methods, this Article recommends the use of public opinion surveys as a technique for determining the fact, and measuring the extent, of any reputational damage. Although damages for emotional suffering are recoverable under Gertz, this Article considers whether a ...


Impeachment With Prior Convictions Under Federal Rule Of Evidence 609(A)(1): A Plea For Balance, Christian A. Bourgeacq Jan 1985

Impeachment With Prior Convictions Under Federal Rule Of Evidence 609(A)(1): A Plea For Balance, Christian A. Bourgeacq

Washington University Law Review

No abstract provided.


The Suppression Sanction In The Federal Electronic Surveillance Statute, Pamela Schmidt Greer Jan 1985

The Suppression Sanction In The Federal Electronic Surveillance Statute, Pamela Schmidt Greer

Washington University Law Review

No abstract provided.


A New Standard For The Admissibility Of Hypnotically Refreshed Testimony: State V. Iwakiri, 682 P.2d 571 (Idaho 1984), Robert G. Oesch Jan 1985

A New Standard For The Admissibility Of Hypnotically Refreshed Testimony: State V. Iwakiri, 682 P.2d 571 (Idaho 1984), Robert G. Oesch

Washington University Law Review

No abstract provided.


The Seventh Circuit Adopts A Good Faith, Reasonable Belief Exception To The Exclusionary Rule In Osha Proceedings, Donovan V. Federal Clearing Die Casting Co., 695 F.2d 1020 (7th Cir. 1982), Robert H. Solomon Jan 1984

The Seventh Circuit Adopts A Good Faith, Reasonable Belief Exception To The Exclusionary Rule In Osha Proceedings, Donovan V. Federal Clearing Die Casting Co., 695 F.2d 1020 (7th Cir. 1982), Robert H. Solomon

Washington University Law Review

No abstract provided.


Eyewitness Identification Testimony And The Need For Cautionary Jury Instructions In Criminal Cases, Steven E. Holtshouser Jan 1983

Eyewitness Identification Testimony And The Need For Cautionary Jury Instructions In Criminal Cases, Steven E. Holtshouser

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.


Product Liability Litigation: Impact Of Federal Rule Of Evidence 404(B) Upon Admissibility Standards Of Prior Accident Evidence, Gail A. Randall Jan 1983

Product Liability Litigation: Impact Of Federal Rule Of Evidence 404(B) Upon Admissibility Standards Of Prior Accident Evidence, Gail A. Randall

Washington University Law Review

No abstract provided.


The Prosecutor's Unnecessary Use Of Hearsay Evidence Before The Grand Jury, Beverly A. Patterson Jan 1983

The Prosecutor's Unnecessary Use Of Hearsay Evidence Before The Grand Jury, Beverly A. Patterson

Washington University Law Review

No abstract provided.


Prosecutorial Duty To Disclose Unrequested Impeachment Evidence: The Fifth Circuit's Approach, D. Jeanne Knowles Jan 1983

Prosecutorial Duty To Disclose Unrequested Impeachment Evidence: The Fifth Circuit's Approach, D. Jeanne Knowles

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.


Witness-Spouse Alone May Exercise Spousal Testimonial Privilege In Federal Criminal Cases, Trammel V. United States 445 U.S. 40 (1980) Jan 1981

Witness-Spouse Alone May Exercise Spousal Testimonial Privilege In Federal Criminal Cases, Trammel V. United States 445 U.S. 40 (1980)

Washington University Law Review

No abstract provided.


Equal Protection—Refusal To Provide Expert Witness For Indigent Defendant Denies Equal Protection Jan 1981

Equal Protection—Refusal To Provide Expert Witness For Indigent Defendant Denies Equal Protection

Washington University Law Review

No abstract provided.


Blood Test Evidence In Disputed Paternity Cases: Unjustified Adherence To The Exclusionary Rule, Richard Lane Schnake Jan 1981

Blood Test Evidence In Disputed Paternity Cases: Unjustified Adherence To The Exclusionary Rule, Richard Lane Schnake

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.


Negligence—Violation Of Police Department Internal Regulation Creates Rebuttable Presumption Of Negligence Under State Evidence Statute. Peterson V. City Of Long Beach, 594 P.2d 477 (1979) Jan 1979

Negligence—Violation Of Police Department Internal Regulation Creates Rebuttable Presumption Of Negligence Under State Evidence Statute. Peterson V. City Of Long Beach, 594 P.2d 477 (1979)

Washington University Law Review

No abstract provided.


Declaration Against Penal Interest Recognized As Exception To Hearsay Rule, People V. Edwards, 242 N.W.2d 739 (1976) Jan 1977

Declaration Against Penal Interest Recognized As Exception To Hearsay Rule, People V. Edwards, 242 N.W.2d 739 (1976)

Washington University Law Review

No abstract provided.


Appropriate Foundation Requirements For Admitting Computer Printouts Into Evidence Jan 1977

Appropriate Foundation Requirements For Admitting Computer Printouts Into Evidence

Washington University Law Review

No abstract provided.


Discovery, Evidence, Confidentiality, And Security Problems Associated With The Use Of Computer-Based Litigation Support Systems, Haley J. Fromholz Jan 1977

Discovery, Evidence, Confidentiality, And Security Problems Associated With The Use Of Computer-Based Litigation Support Systems, Haley J. Fromholz

Washington University Law Review

This Article focuses on the problems of admissibility of computerized records in general, and the specific admissibility, confidentiality, and security problems which relate to computerized litigation support systems. Haley J. Fromholz discusses the modifications in the Federal Rules of Evidence and Civil Procedure that provide courts with sufficient discretion to adapt to problems presented by computerization. After reviewing the reported cases, he notes approvingly that courts generally recognize that the presence of computers does not alter the basic rules of evidence, discovery, or confidentiality. He urges lawyers to inform themselves about computers to enable them to recognize when computers can ...


Judicial Integrity Rationale For The Exclusionary Rule Rejected, United States V. Janis, 428 U.S. 433 (1976) Jan 1977

Judicial Integrity Rationale For The Exclusionary Rule Rejected, United States V. Janis, 428 U.S. 433 (1976)

Washington University Law Review

No abstract provided.


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.


Admissibility Of Expert Economic Testimony On Future Inflationary Trends, Johnson V. Serra, 521 F.2d 1289 (8th Cir. 1975) Jan 1976

Admissibility Of Expert Economic Testimony On Future Inflationary Trends, Johnson V. Serra, 521 F.2d 1289 (8th Cir. 1975)

Washington University Law Review

No abstract provided.


Mutually Exclusive Offense Doctrine As A Rule Of Evidence, Phillips V. United States, 518 F.2d 108 (4th Cir. 1975) Jan 1976

Mutually Exclusive Offense Doctrine As A Rule Of Evidence, Phillips V. United States, 518 F.2d 108 (4th Cir. 1975)

Washington University Law Review

No abstract provided.


Enforcing The Fourth Amendment: The Exclusionary Rule And Its Alternatives, William Geller Jan 1975

Enforcing The Fourth Amendment: The Exclusionary Rule And Its Alternatives, William Geller

Washington University Law Review

The exclusionary rule compels the suppression, in federal and state criminal prosecutions, of evidence seized by police in violation of the Fourth Amendment. Although the Supreme Court has thus far merely whittled away at the suppression doctrine, the Court may soon decide to abandon the doctrine entirely. Because such a decision could have a profound effect on criminal justice systems in America, a comprehensive review of the arguments advanced on both sides of this issue would seem to be especially timely. In this Article, following a summary of the exclusionary rule’s development, these arguments are set forth and examined ...


Expert Testimony And Voice Spectrogram Analysis, United States V. Baller, 519 F.2d 463 (4th Cir. 1975) Jan 1975

Expert Testimony And Voice Spectrogram Analysis, United States V. Baller, 519 F.2d 463 (4th Cir. 1975)

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.


Exhibition Of A Child In Court To Determine Paternity, Glascock V. Anderson, 497 P.2d 727 (1972) Jan 1973

Exhibition Of A Child In Court To Determine Paternity, Glascock V. Anderson, 497 P.2d 727 (1972)

Washington University Law Review

No abstract provided.


Defendant’S Right To Protection From Prior Uncounseled Convictions Jan 1973

Defendant’S Right To Protection From Prior Uncounseled Convictions

Washington University Law Review

No abstract provided.