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Evidence Commons

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Articles 31 - 60 of 111

Full-Text Articles in Evidence

The Federal Retreat From Protecting Defendants From Tainted Show-Up Identifications And The Superiority Of New York's Approach, Stephan Josephs Mar 2014

The Federal Retreat From Protecting Defendants From Tainted Show-Up Identifications And The Superiority Of New York's Approach, Stephan Josephs

Touro Law Review

No abstract provided.


Prearraignment Lineup Procedures: Are Multiple Lineups Unduly Suggestive Or Sufficiently Reliable?, Jared R. Artura Mar 2014

Prearraignment Lineup Procedures: Are Multiple Lineups Unduly Suggestive Or Sufficiently Reliable?, Jared R. Artura

Touro Law Review

No abstract provided.


Is New York Achieving More Reliable And Just Convictions When The Admissibility Of A Suggestive Pretrial Identification Is At Issue?, Matthew Gordon Mar 2014

Is New York Achieving More Reliable And Just Convictions When The Admissibility Of A Suggestive Pretrial Identification Is At Issue?, Matthew Gordon

Touro Law Review

No abstract provided.


It's Reasonable To Expect Privacy When Watching Adult Videos, Matthew Leonhardt Mar 2014

It's Reasonable To Expect Privacy When Watching Adult Videos, Matthew Leonhardt

Touro Law Review

No abstract provided.


Rape Shield Laws And The Social Media Revolution: Discoverability Of Social Media--It's Not Private, Seth I. Koslow Oct 2013

Rape Shield Laws And The Social Media Revolution: Discoverability Of Social Media--It's Not Private, Seth I. Koslow

Touro Law Review

No abstract provided.


Fifth Amendment Protection For Public Employees: Garrity And Limited Constitutional Protections From Use Of Employer Coerced Statements In Internal Investigations And Practical Considerations, J. Michael Mcguinness Jun 2013

Fifth Amendment Protection For Public Employees: Garrity And Limited Constitutional Protections From Use Of Employer Coerced Statements In Internal Investigations And Practical Considerations, J. Michael Mcguinness

Touro Law Review

No abstract provided.


Book Review: Errol Morris, “A Wilderness Of Error”: Provocative But Unpersuasive, Richard C. Cahn May 2013

Book Review: Errol Morris, “A Wilderness Of Error”: Provocative But Unpersuasive, Richard C. Cahn

Touro Law Review

No abstract provided.


The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran May 2013

The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran

Touro Law Review

Discusses the Dreyfus affair and how the outside world viewed France's conduct. This article provides insight into how the trial was conducted and the evidence that was offered.


Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince Mar 2013

Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince

Touro Law Review

No abstract provided.


Someone Call 911, Crawford Is Dying - People V. Duhs, Caroline Knoepffler Mar 2013

Someone Call 911, Crawford Is Dying - People V. Duhs, Caroline Knoepffler

Touro Law Review

No abstract provided.


Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron Jan 2013

Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron

Touro Law Review

This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.


The (In)Admissibility Of False Confession Expert Testimony, David A. Perez Dec 2012

The (In)Admissibility Of False Confession Expert Testimony, David A. Perez

Touro Law Review

This Comment discusses the relationship between police interrogation tactics and false confessions in order to address the admissibility of false confession expert testimony, a question that has traditionally been left to the discretion of the trial judge. The current literature-indeed, the prevailing consensus-argues for drastic changes to police interrogation practices to prevent false confessions and, in combination with such changes, demands that expert testimony on false confessions be admitted in criminal trials. Despite the relative unanimity in the literature, state and federal courts remain bitterly divided on the question of admissibility of false confession expert testimony. Each decision in this …


The Psychotherapist And The Attorney/Client Privileges As They Arise In Civil Rights Disputes, Lewis M. Wasserman Sep 2012

The Psychotherapist And The Attorney/Client Privileges As They Arise In Civil Rights Disputes, Lewis M. Wasserman

Touro Law Review

This article briefly reviews the elements of the psychotherapist-patient and attorney-client privileges and how these privileges may be waived in the context of federal civil rights litigation.


Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer Aug 2012

Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer

Touro Law Review

No abstract provided.


The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano Aug 2012

The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano

Touro Law Review

No abstract provided.


An Unappealing Decision For New York Dwi Defendants - People V. Pealer, Christopher Gavin Aug 2012

An Unappealing Decision For New York Dwi Defendants - People V. Pealer, Christopher Gavin

Touro Law Review

No abstract provided.


Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince Aug 2012

Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince

Touro Law Review

No abstract provided.


Turn-Coat Disclosure: The Importance Of Following Procedure - Turturro V. City Of New York, Brittany A. Fiorenza Aug 2012

Turn-Coat Disclosure: The Importance Of Following Procedure - Turturro V. City Of New York, Brittany A. Fiorenza

Touro Law Review

No abstract provided.


New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia Aug 2012

New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia

Touro Law Review

No abstract provided.


Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell Aug 2012

Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell

Touro Law Review

No abstract provided.


Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas Aug 2012

Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas

Touro Law Review

No abstract provided.


Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell Aug 2012

Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell

Touro Law Review

No abstract provided.


Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis Of Reasonable Expectation Under The Fourth Amendment - People V. Howard, Lisa Belrose Aug 2012

Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis Of Reasonable Expectation Under The Fourth Amendment - People V. Howard, Lisa Belrose

Touro Law Review

No abstract provided.


Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman Jul 2012

Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman

Touro Law Review

No abstract provided.


The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen Jul 2012

The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen

Touro Law Review

No abstract provided.


It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier Jul 2012

It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier

Touro Law Review

No abstract provided.


Silencing The Victims In Child Sexual Abuse Prosecutions: The Confrontation Clause And Children's Hearsay Statements Before And After Michigan V. Bryant, Deborah Paruch Jul 2012

Silencing The Victims In Child Sexual Abuse Prosecutions: The Confrontation Clause And Children's Hearsay Statements Before And After Michigan V. Bryant, Deborah Paruch

Touro Law Review

No abstract provided.


Social Media, The Sixth Amendment, And Restyling: Recent Developments In The Federal Laws Of Evidence, Deborah Jones Merritt Jul 2012

Social Media, The Sixth Amendment, And Restyling: Recent Developments In The Federal Laws Of Evidence, Deborah Jones Merritt

Touro Law Review

No abstract provided.


Trial Evidence 2011: Advocacy, Analysis, & Illustrations, Martin A. Schwartz, Deborah Jones Merritt, William G. Young Jan 2012

Trial Evidence 2011: Advocacy, Analysis, & Illustrations, Martin A. Schwartz, Deborah Jones Merritt, William G. Young

Touro Law Review

No abstract provided.


Impeachment Methods Illustrated: Movies, Novels, And High Profile Cases, Martin A. Schwartz, John Nicodemo Jan 2012

Impeachment Methods Illustrated: Movies, Novels, And High Profile Cases, Martin A. Schwartz, John Nicodemo

Touro Law Review

No abstract provided.