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Articles 1 - 4 of 4
Full-Text Articles in Evidence
The Evidentiary Use Of The Hla Blood Test In Virginia, Linda L. Lemmon, Lynn K. Murphy
The Evidentiary Use Of The Hla Blood Test In Virginia, Linda L. Lemmon, Lynn K. Murphy
University of Richmond Law Review
In 1966 Virginia enacted legislation, now section 20-61.2 of the Code of Virginia, providing for the admission into evidence of the results of blood tests in cases involving questions of paternity. In 1982, a second statute, section 20-61.1 of the Code of Virginia, was amended to permit the use of genetic blood grouping tests, including the human leukocyte antigen (HLA) test, as evidence of paternity in child support proceedings. With the enactment of these two statutes, Virginia has joined a growing number of states which recognize the accuracy and reliability of the HLA test in establishing paternity.
Nix V. Williams: The Inevitable Discovery Exception To The Exclusionary Rule, Edward M. Macon
Nix V. Williams: The Inevitable Discovery Exception To The Exclusionary Rule, Edward M. Macon
University of Richmond Law Review
In Nix v. Williams, the Supreme Court created an "inevitable discovery" exception to the exclusionary rule. This exception allows the prosecution to introduce illegally obtained evidence at trial upon a showing that such evidence would inevitably have been obtained, even without the police misconduct. The Supreme Court rejected the imposition of a second prong on the inevitable discovery exception which would have required the government to prove the absence of bad faith. The purpose of the inevitable discovery exception is to prevent the "setting aside [of] convictions that would have been obtained without police misconduct."
The Whole Truth And Nothing But The Truth: Is The Trier Of Fact Entitled To Hear It?, Joseph M. Reisman
The Whole Truth And Nothing But The Truth: Is The Trier Of Fact Entitled To Hear It?, Joseph M. Reisman
University of Richmond Law Review
The fundamental goal of our adversarial system of litigation is to arrive at the truth through a fair presentation of the evidence. However, in a criminal proceeding material evidence is frequently not as available to the defense as it is to the prosecuting attorney. Consequently, rules have been developed which not only aid the defense in obtaining relevant information, but also assist the prosecution in fulfilling its ethical and constitutional obligations, chief among which is to see that justice and due process are upheld.
Spoliation: Civil Liability For Destruction Of Evidence, Andrea H. Rowse
Spoliation: Civil Liability For Destruction Of Evidence, Andrea H. Rowse
University of Richmond Law Review
Intentional destruction of evidence has become a serious legal problem. Recently, the A.H. Robins Company was accused of intentionally destroying incriminating documents relevant to Dalkon Shield litigation. Even documents the court ordered to be preserved were allegedly destroyed by an attorney representing the company. The A.H. Robins Company is not the only corporation accused of intentionally destroying evidence. An attorney representing the Eastman-Kodak Company in an antitrust suit admitted that he destroyed documents relating to the litigation.