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Evidence Commons

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Articles 1 - 4 of 4

Full-Text Articles in Evidence

A Subject Matter Approach To Hearsay Reform, Roger Park Oct 1987

A Subject Matter Approach To Hearsay Reform, Roger Park

Michigan Law Review

None of the three major reform proposals - the Model Code, the Uniform Rules, or the original Federal Rules - incorporated a systematic distinction between civil and criminal cases. The thesis of this article is that this distinction should be adopted. This article will explore the reasons for excluding hearsay, and conclude that they support different sets of rules in civil and criminal cases. In civil cases, rules excluding hearsay should be curtailed. Hearsay that fits under an established exception should be admitted, and other hearsay, without discretionary screening by the trial judge, should be admitted on proper notice. In criminal cases ...


The Ultimate Violation, Todd Maybrown May 1987

The Ultimate Violation, Todd Maybrown

Michigan Law Review

A Review of The Ultimate Violation by Judith Rowland


"There'll Always Be An England": The Instrumental Ideology Of Evidence, Kenneth W. Graham Jr. May 1987

"There'll Always Be An England": The Instrumental Ideology Of Evidence, Kenneth W. Graham Jr.

Michigan Law Review

A Review of Theories of Evidence: Bentham and Wigmore by William Twining


Videotaping Children's Testimony: An Empirical View, Paula E. Hill, Samuel M. Hill Feb 1987

Videotaping Children's Testimony: An Empirical View, Paula E. Hill, Samuel M. Hill

Michigan Law Review

Increases in the number of reported incidents of child abuse and sexual molestation have resulted in more and younger children becoming courtroom participants. Some courts refuse to consider the special needs of the child in this adversarial environment. Relying on questionable precedent, these courts hold that the defendant's right to directly confront the child, as well as strict compliance with evidentiary rules, overrides that child's interest in freedom from embarrassment or psychological trauma. This Note focuses on pressures felt by the testifying child and the ways in which these pressures affect her testimony; it then proposes using videotaped ...