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Full-Text Articles in Evidence
The Incongruence Principle Of Evidence, Hillel Bavli
The Incongruence Principle Of Evidence, Hillel Bavli
Indiana Law Journal
Evidence law assumes that the meaning and value of information at trial is equal to the meaning and value of the same information in the real world. This premise underlies evidence policy, judicial applications of evidence law, and instructions to jurors for evaluating evidence. However, it is incorrect, and the law’s failure to recognize this hinders its aims of accuracy and equality.
In this article, I draw on fields outside of law—including Bayesian inference and cognitive psychology—to develop a model of evidence that describes how jurors combine new evidence with prior beliefs (or “priors”) to make inferences and judgments. I …
Can Speech Act Theory Save Notice Pleading?, Susan E. Provenzano
Can Speech Act Theory Save Notice Pleading?, Susan E. Provenzano
Indiana Law Journal
Countless scholars have debated—and lower courts have attempted to apply—the plausibility pleading regime that the Supreme Court introduced in Twombly and Iqbal. Iqbal took Twombly’s requirement that a complaint plead plausibly and turned it into a two-step test. Under that test, the life or death of a lawsuit rests on the distinction between “well-pleaded” and “conclusory” allegations. Only the former are assumed true on a motion to dismiss. Seven decades of pleading precedent had taken a sensible, if unstable, approach to the truth assumption, making a single cut between factual contentions (assumed true) and legal conclusions (ignored). But Iqbal redrew …
The Unabomber Revisited: Reexamining The Use Of Mental Disorder Diagnoses As Evidence Of The Mental Condition Of Criminal Defendants, Adam K. Magid
The Unabomber Revisited: Reexamining The Use Of Mental Disorder Diagnoses As Evidence Of The Mental Condition Of Criminal Defendants, Adam K. Magid
Indiana Law Journal
This Article revisits a longstanding debate concerning the appropriateness of diagnostic evidence in criminal cases in which a defendant’s mental condition is at issue. As illustrated through a case study of Theodore Kaczynski, more widely known as the “Unabomber,” a diagnosis of paranoid schizophrenia poses a risk of confounding a judge or jury attempting to ascertain an accurate picture of the mental state of a criminal defendant, specifically by (i) suggesting symptoms not actually present, (ii) creating a distorted picture of symptoms that are present, and (iii) suggesting organic, determinative factors as the mechanism behind a defendant’s actions, even where …
Comments On Child Abuse Litigation In A "Testimonial" World: The Intersection Of Competency, Hearsay, And Confrontation, Myrna S. Raeder
Comments On Child Abuse Litigation In A "Testimonial" World: The Intersection Of Competency, Hearsay, And Confrontation, Myrna S. Raeder
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna
The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
When Mohammed Goes To The Mountain: The Evidentiary Value Of A View, Layne S. Keele
When Mohammed Goes To The Mountain: The Evidentiary Value Of A View, Layne S. Keele
Indiana Law Journal
No abstract provided.
Insurance-Weight Of Evidence-Construction Of Policy-Proximate Cause
Insurance-Weight Of Evidence-Construction Of Policy-Proximate Cause
Indiana Law Journal
No abstract provided.
Experts, Liars, And Guns For Hire: A Different Perspective On The Qualification Of Technical Expert Witnesses, Christopher P. Murphy
Experts, Liars, And Guns For Hire: A Different Perspective On The Qualification Of Technical Expert Witnesses, Christopher P. Murphy
Indiana Law Journal
No abstract provided.
Admissibility Of Evidence Under Indiana's "Common Scheme Or Plan" Exception, Thomas Quigley
Admissibility Of Evidence Under Indiana's "Common Scheme Or Plan" Exception, Thomas Quigley
Indiana Law Journal
No abstract provided.
Hardin And Medvid: A Change In Indiana's Entrapment Law, Michael Hyatte
Hardin And Medvid: A Change In Indiana's Entrapment Law, Michael Hyatte
Indiana Law Journal
No abstract provided.
A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, John D. Calamari, Joseph M. Perillo
A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, John D. Calamari, Joseph M. Perillo
Indiana Law Journal
No abstract provided.
Evidence Of Guilt: Restrictions Upon Its Discovery Or Compulsory Disclosure, By John Macarthur Maguire, Edward W. Cleary
Evidence Of Guilt: Restrictions Upon Its Discovery Or Compulsory Disclosure, By John Macarthur Maguire, Edward W. Cleary
Indiana Law Journal
No abstract provided.
Use Of Subnormal Mentality To Discredit
Federal Control Over Use Of Coerced Confessions In State Criminal Cases-Some Unsettled Problems, Austin W. Scott Jr.
Federal Control Over Use Of Coerced Confessions In State Criminal Cases-Some Unsettled Problems, Austin W. Scott Jr.
Indiana Law Journal
No abstract provided.
Criminal Law: Psychiatric Aid In Evaluating The Credibility Of A Prosecuting Witness Charging Rape
Criminal Law: Psychiatric Aid In Evaluating The Credibility Of A Prosecuting Witness Charging Rape
Indiana Law Journal
Recent Cases
Privilege Against Self-Incrimination-Compulsory Voice Exhibition
Privilege Against Self-Incrimination-Compulsory Voice Exhibition
Indiana Law Journal
Recent Cases: Evidence
Relevancy Of Plaintiff's War Record In Personal Injury Action
Relevancy Of Plaintiff's War Record In Personal Injury Action
Indiana Law Journal
Notes and Comments: Evidence
Admissibility Of Evidence Induced By Means Of Intercepted Telephone Communications
Admissibility Of Evidence Induced By Means Of Intercepted Telephone Communications
Indiana Law Journal
Notes and Comments: Evidence
Admissions By Failure To Answer Letters
Admissions By Failure To Answer Letters
Indiana Law Journal
Notes and Comments: Evidence
Physician's Opinion Based On Unsupported Influences
Physician's Opinion Based On Unsupported Influences
Indiana Law Journal
Notes and Comments: Evidence
Blood Grouping Tests In Evidence
Evidence Showing Absence Of Motive
Motion Pictures In Evidence, Carl M. Gray
Admissibility Of Judgments Appointing Guardians
Admissibility Of Judgments Appointing Guardians
Indiana Law Journal
Recent Case Notes: Evidence - Testamentary Capacity
The Importance Of Scientific Analysis Of Evidence In The Prosecution Of Crime, E. P. Coffey
The Importance Of Scientific Analysis Of Evidence In The Prosecution Of Crime, E. P. Coffey
Indiana Law Journal
Address by E. P. Coffey, Director of Federal Technical Laboratory of the Department of Justice, Washington, D. C., before the Indiana State Bar Association, September 6, 1935.
Evidence-Privileged Communications-Husband And Wife
Evidence-Privileged Communications-Husband And Wife
Indiana Law Journal
No abstract provided.
Habitual Criminal Act-Constitutionality-Evidence
Habitual Criminal Act-Constitutionality-Evidence
Indiana Law Journal
No abstract provided.
Evidence-Dying Declarations-Appeal And Error
Evidence-Dying Declarations-Appeal And Error
Indiana Law Journal
No abstract provided.