Evidence Commons^™

"Other Crimes" Evidence In Sex Offense Cases, Roger C. Park, David P. Bryden

Faculty Scholarship

No abstract provided.

Check Your Crystal Ball At The Courthouse Door, Please: Exploring The Past, Understanding The Present, And Worrying About The Future Of Scientific Evidence, David L. Faigman, Elise Porter, Michael J. Saks

Faculty Scholarship

No abstract provided.

Impeachment And Rehabilitation Under The Maryland Rules Of Evidence: An Attorney's Guide, Paul W. Grimm

Faculty Scholarship

No abstract provided.

Just The Facts, Ma'am: Lying And The Omission Of Exculpatory Evidence In Police Reports,, Stanley Z. Fisher

Faculty Scholarship

George Jones's ordeal was the product of, and in turn sheds light upon, police practices of investigating crimes and writing reports. Written police reports of criminal incidents and arrests give details such as the time, place, and nature of criminal conduct; the names and addresses of victims and witnesses; physical characteristics of the perpetrator(s) or arrestee(s); weapons used; property taken, recovered, or seized from the arrestee; and injuries to persons and property. Through their reports, the police "have fundamental control over the construction of [the] 'facts' for a case, and all other actors (the prosecutor, the judge, the defense lawyer) …

Asymmetric Information And The Selection Of Disputes For Litigation, Keith N. Hylton

Faculty Scholarship

What explains the decision to litigate rather than settle a dispute? The standard theoretical approach to this question is a contract model that suggests that parties will litigate when the set of mutually beneficial settlement agreements-that is, the contract zone-is empty. The contract zone may be empty because the parties have divergent expectations of the trial outcome or because one party has more at stake than the other. The divergent-expectations explanation suggests that there are general respects in which litigated disputes differ from settled disputes and that one need not know the identities of litigants or the specific area of …

Uncharged Misconduct Evidence In Sex Crime Cases: Reassessing The Rule Of Exclusion, Roger C. Park, David P. Bryden

Faculty Scholarship

No abstract provided.

Truth In Evidence And The Privilege Clause–A Compromised Relationship, James R. Mccall

Faculty Scholarship

No abstract provided.

The New Wave Of Hearsay Reform Scholarship, Roger C. Park

Faculty Scholarship

No abstract provided.

Juror Decision Making And The Evaluation Of Hearsay Evidence, Roger C. Park, Peter Miene, Eugene Borgida

Faculty Scholarship

No abstract provided.

Jurors' Perceptions Of Eyewitness And Hearsay Evidence, Roger C. Park, Margaret Bull Kovera, Steven D. Penrod

Faculty Scholarship

No abstract provided.

Struggling To Stop The Flood Of Unreliable Expert Testimony, David L. Faigman

Faculty Scholarship

No abstract provided.

Procedural Options For Resolving Hearsay Issues, Roger C. Park

Faculty Scholarship

No abstract provided.

Evidence Scholarship, Old And New, Roger C. Park

Faculty Scholarship

No abstract provided.

The Whole Truth?: How Rules Of Evidence Make Lawyers Deceitful, Bruce A. Green

Faculty Scholarship

No abstract provided.

Mapping The Human Genome And The Meaning Of Monster Mythology, George J. Annas

Faculty Scholarship

Pre-Columbian cartographers drew their maps to the extent of their knowledge, and then wrote in the margins, "Beyond this point there are dragons." With the voyage of Columbus, we lost both our fear of the geographic frontier and our innocence. We accept that knowledge can generally overpower fear; but we have also learned that the application of new knowledge often has a dark side that can lead to brutality and disaster. The discovery of America, for example, led to unforeseen value conflicts of justice and fairness involving native Americans that were "resolved" only by their merciless subjugation and genocidal destruction. …

Challenging Witness Competency , Michael M. Martin

Faculty Scholarship

Despite the modern trend to hear all the evidence, a surprising number of witnesses can still be challenged on competency grounds.

"I Didn't Tell Them Anything About You": Implied Assertions As Hearsay Under The Federal Rules Of Evidence, Roger C. Park

Faculty Scholarship

No abstract provided.

Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle

Faculty Scholarship

Part I critiques the Report's insistence that accurate fact finding exhausts, or nearly exhausts, the objectives of criminal justice, identifies the fundamental role of the Bill of Rights in the American political order, and situates federal habeas corpus within that framework. Part II traces the Report's historical review of the federal habeas jurisdiction and critiques the Report's too-convenient reliance on selected materials that, on examination, fail to undermine conventional understandings of the writ's development as a postconviction remedy. Part III responds to the Report's complaints regarding current habeas corpus practice and refutes contentions that the habeas jurisdiction overburdens federal dockets …

Bracton, The Year Books, And The 'Transformation Of Elementary Legal Ideas' In The Early Common Law, David J. Seipp

Faculty Scholarship

The language of the common law has a life and a logic of its own, resilient through eight centuries of unceasing talk. Basic terms of the lawyer's specialized vocabulary, elementary conceptual distinctions, and modes of argument, which all go to make “thinking like a lawyer” possible, have proved remarkably durable in the literature of the common law. Two fundamental distinctions—between “real” and “personal” actions and between “possessory” and “proprietary” remedies—can be traced back to their early use in treatises of the first generations of professional common law judges and in reports of courtroom dialogue from the first generations of professional …

Should Tennessee Bury The Dead Man Statute As Arkansas Has, W. Dent Gitchel

Faculty Scholarship

No abstract provided.

The Rationale Of Personal Admissions, Roger C. Park

Faculty Scholarship

No abstract provided.

Common Law Remedies Of Employees Injured By Employer Use Of Polygraph Testing, Deborah J. Weimer

Faculty Scholarship

No abstract provided.

A Subject Matter Approach To Hearsay Reform, Roger C. Park

Faculty Scholarship

No abstract provided.

The Cost Of Acceptability: Blue Buses, Agent Orange, And Aversion To Statistical Evidence, Neil B. Cohen

Faculty Scholarship

No abstract provided.

The Hearsay Rule And The Stability Of Verdicts: A Response To Professor Nesson, Roger C. Park

Faculty Scholarship

No abstract provided.

The Battered Woman Syndrome And Self-Defense: A Legal And Empirical Dissent, David L. Faigman

Faculty Scholarship

No abstract provided.

Confidence In Probability: Burdens Of Persuasion In A World Of Imperfect Knowledge, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Mccormick On Evidence And The Concept Of Hearsay: A Critical Analysis Followed By Suggestions To Law Teachers, Roger C. Park

Faculty Scholarship

No abstract provided.

New York Proposed Code Of Evidence: Article V, The Symposium: The New York Proposed Code Of Evidence, Michael M. Martin

Faculty Scholarship

Article V of the New York Proposed Code of Evidence sets forth the rules of evidentiary privilege. Unlike other articles of the Proposed Code, it differs significantly from its federal counterpart. Article V of the Federal Rules of Evidence consists of only rule 501, which provides that, unless otherwise required by the constitution or federal statute, privileges in federal courts are governed by "the principles of the common law as they may be interpreted... in the light of reason and experience." Rule 501 further provides, however, that questions of privilege in civil cases as to which state law supplies the …

Investigative Stops In High Crime Areas, Richard A. Gonzales

Faculty Scholarship

This article questions what constitutes reasonable suspicion of criminal activity particularly within high crime area. Some of the referenced cases:

• People v. Cantor, 36 N.Y.2d 106, 365 N.Y.S.2d 509, 324 N.E.2d 872 (1975)
• U.S. v. Magda, 409 F.Supp. 734,740 (S.D. N.Y. 1976)
• Terry v. Ohio, 392 U.S. 1 ( 1968)
• Sibron v. New York, 392 U.S. 40 ( 1968)
• U.S. v. Brignoni-Ponce, 422 U.S. 873 (1975)
• U.S. v. Flores, 462 F. Supp. 702 (E.D. NS. 1978)
• U.S. v. Oates, 560 F.2d 45, 49 (2d Cir. 1977)
• U.S. v. Constantine, 567 F.2d 266 ( 4th Cir. 1977)
• People v. Bower, 24 …