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Articles 1 - 4 of 4
Full-Text Articles in Evidence
Winfield V. Commonwealth: The Application Of The Virginia Rape Shield Statute, Philip L. Hatchett
Winfield V. Commonwealth: The Application Of The Virginia Rape Shield Statute, Philip L. Hatchett
University of Richmond Law Review
In Winfield v. Commonwealth, the Virginia Supreme Court held that the state's recently enacted rape shield statute could not restrict or infringe upon the defendant's sixth amendment right under the United States Constitution to confront his accusers. In overruling the trial judge, the court stated that section 18.2-67.7 of the Code of Virginia actually expanded the admissibility of evidence related to specific prior sexual conduct of the prosecutrix. By this ruling, Virginia has joined a minority of jurisdictions which have refused to recognize the special dilemma of the prosecutrix in a rape trial and to grant additional protections under her …
Admissibility Of Written Standards As Evidence Of The Standard Of Care In Medical And Hospital Negligence Actions In Virginia, Gwen M. Schockemoehl
Admissibility Of Written Standards As Evidence Of The Standard Of Care In Medical And Hospital Negligence Actions In Virginia, Gwen M. Schockemoehl
University of Richmond Law Review
The standard of care in a medical negligence action represents the duty which the defendant physician, nurse, hospital or other health care provider owes to the patient. In Virginia, it is that degree of care and skill possessed by the reasonably prudent practitioner of the same specialty in this state. This standard is an elusive one at best. While learned treatises and journal articles assist in determining the standard, in practice the plaintiff offers experts who state, based on their knowledge, training, and experience that the standard of care requires the defendant to provide a particular type of care which …
Admissibility Of "Day In The Life" Films In Virginia, Mahlon G. Funk Jr., Harry J. Hicks Iii
Admissibility Of "Day In The Life" Films In Virginia, Mahlon G. Funk Jr., Harry J. Hicks Iii
University of Richmond Law Review
In recent years, audiovisual technology has taken an increasingly prominent position in courtroom procedures. Defense attorneys have traditionally introduced motion pictures of allegedly injured plaintiffs caught in some intense physical activity. More recently, courts have allowed the use of audiovisual depositions, which afford scrutiny of the characteristics and mannerisms of deposed witnesses. In the midst of this evidentiary trend, plaintiffs' counsel now frequently seek admission of "day in the life" films. Such films purport to depict for the jury in graphic detail the effects that a severe personal injury can have on the plaintiff's life. Admission of these films is …
The Use Of Scientific Evidence In Rape Prosecutions, John T. Tucker Iii
The Use Of Scientific Evidence In Rape Prosecutions, John T. Tucker Iii
University of Richmond Law Review
Rape is defined as "unlawful sexual intercourse with a female without her consent." The crime has three basic elements: lack of consent, penetration, and identification of the assailant. Successful rape prosecutions are increasingly utilizing scientific evidence to investigate and prove the elements of rape. The purpose of this paper is to explore the many uses of scientific evidence with an eye towards providing a useful checklist to aid attorneys involved in a rape prosecution.