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- Admissibility of evidence (5)
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Articles 1 - 28 of 28
Full-Text Articles in Evidence
The Computer Got It Wrong: Facial Recognition Technology And Establishing Probable Cause To Arrest, T.J. Benedict
The Computer Got It Wrong: Facial Recognition Technology And Establishing Probable Cause To Arrest, T.J. Benedict
Washington and Lee Law Review
Facial recognition technology (FRT) is a popular tool among police, who use it to identify suspects using photographs or still-images from videos. The technology is far from perfect. Recent studies highlight that many FRT systems are less effective at identifying people of color, women, older people, and children. These race, gender, and age biases arise because FRT is often “trained” using non-diverse faces. As a result, police have wrongfully arrested Black men based on mistaken FRT identifications. This Note explores the intersection of facial recognition technology and probable cause to arrest.
Courts rarely, if ever, examine FRT’s role in establishing …
Comment: Wysiati And False Confessions, Michael R. Hoernlein
Comment: Wysiati And False Confessions, Michael R. Hoernlein
Washington and Lee Law Review
Decades after the Supreme Court mandated in Miranda v. Arizona that police advise suspects of their constitutional rights before custodial interrogation, confusion remains about the contours of the rule, and some law enforcement officers still try to game the system. In his excellent Note, “No Earlier Confession to Repeat”: Seibert, Dixon, and Question-First Interrogations, Lee Brett presents a careful analysis of the legal landscape applicable to so-called question-first interrogations. Mr. Brett offers a compelling argument urging courts not to interpret Bobby v. Dixon as limiting the application of Missouri v. Seibert to two-step (i.e., question-first) interrogations only when …
“No Earlier Confession To Repeat”: Seibert, Dixon, And Question-First Interrogations, Lee S. Brett
“No Earlier Confession To Repeat”: Seibert, Dixon, And Question-First Interrogations, Lee S. Brett
Washington and Lee Law Review
The Supreme Court’s 2004 decision in Missouri v. Seibert forbade the use of so-called question-first interrogations. In a question-first interrogation, police interrogate suspects without giving Miranda warnings. Once the suspect makes incriminating statements, the police give the warnings and induce the suspect to repeat their earlier admissions.
Lower courts are increasingly interpreting a per curiam Supreme Court case, Bobby v. Dixon, to significantly limit the scope and applicability of Seibert. These courts claim that postwarning statements need only be suppressed under Seibert when there is an “earlier confession to repeat.” In this Note, I argue that this reading …
Secret Conviction Programs, Meghan J. Ryan
Secret Conviction Programs, Meghan J. Ryan
Washington and Lee Law Review
Judges and juries across the country are convicting criminal defendants based on secret evidence. Although defendants have sought access to the details of this evidence—the results of computer programs and their underlying algorithms and source codes—judges have generally denied their requests. Instead, judges have prioritized the business interests of the for-profit companies that developed these “conviction programs” and which could lose market share if the secret algorithms and source codes on which the programs are based were exposed. This decision has jeopardized criminal defendants’ constitutional rights.
The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss
The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss
Washington and Lee Law Review
No abstract provided.
The Epistemology Of Prediction: Future Dangerousness Testimony And Intellectual Due Process, Erica Beecher-Monas
The Epistemology Of Prediction: Future Dangerousness Testimony And Intellectual Due Process, Erica Beecher-Monas
Washington and Lee Law Review
No abstract provided.
Cowboy Prosecutors And Subpoenas For Incriminating Evidence: The Consequences And Correction Of Excess, Robert P. Mosteller
Cowboy Prosecutors And Subpoenas For Incriminating Evidence: The Consequences And Correction Of Excess, Robert P. Mosteller
Washington and Lee Law Review
No abstract provided.
Should "Clean Hands" Protect The Government Against § 2515 Suppression Under Title Iii Of The Omnibus Crime Control And Safe Streets Act Of 1968?, Francis Marion Hamilton, Iii
Should "Clean Hands" Protect The Government Against § 2515 Suppression Under Title Iii Of The Omnibus Crime Control And Safe Streets Act Of 1968?, Francis Marion Hamilton, Iii
Washington and Lee Law Review
No abstract provided.
The Four Greatest Myths About Summary Judgment, James Joseph Duane
The Four Greatest Myths About Summary Judgment, James Joseph Duane
Washington and Lee Law Review
No abstract provided.
Admissibility Of Prior-Action Depositions And Formertestimony Under Fed. R. Civ. P. 32(A)(4) Andfed. R. Evid. 804(B)(1): Courts Differinginterpretations, J. Randall Coffey
Admissibility Of Prior-Action Depositions And Formertestimony Under Fed. R. Civ. P. 32(A)(4) Andfed. R. Evid. 804(B)(1): Courts Differinginterpretations, J. Randall Coffey
Washington and Lee Law Review
No abstract provided.
Income Taxation And The Calculation Of Tort Damage Awards: The Ramifications Of Norfolk & Western Railway V. Liepelt
Washington and Lee Law Review
No abstract provided.
Manson V. Brathwaite: Looking For The Silver Lining In The Area Of Eyewitness Identifications
Manson V. Brathwaite: Looking For The Silver Lining In The Area Of Eyewitness Identifications
Washington and Lee Law Review
No abstract provided.
The Admissibility Of Prior-Crimes Evidence In Prosecutions For Child Abuse
The Admissibility Of Prior-Crimes Evidence In Prosecutions For Child Abuse
Washington and Lee Law Review
No abstract provided.
Out-Of-State Witnesses And Compulsory Process: The Indigent Defendant's Rights
Out-Of-State Witnesses And Compulsory Process: The Indigent Defendant's Rights
Washington and Lee Law Review
No abstract provided.
Prior Convictions As Impeaching Evidence
Prior Convictions As Impeaching Evidence
Washington and Lee Law Review
No abstract provided.
Defendant's Right To Inspect Investigative Files Of Law Enforcement Agencies
Defendant's Right To Inspect Investigative Files Of Law Enforcement Agencies
Washington and Lee Law Review
No abstract provided.
Plea Of Self-Defense: Admissibility Of Evidence Of Deceased's Character
Plea Of Self-Defense: Admissibility Of Evidence Of Deceased's Character
Washington and Lee Law Review
No abstract provided.
Compulsory Husband-Wife Testimony In Criminal Cases
Compulsory Husband-Wife Testimony In Criminal Cases
Washington and Lee Law Review
No abstract provided.
Derivative Evidence Under Mcnabb-Mallory
Derivative Evidence Under Mcnabb-Mallory
Washington and Lee Law Review
No abstract provided.
Reliable Informers And Corroboration
Reliable Informers And Corroboration
Washington and Lee Law Review
No abstract provided.
Police Refusal Of A Blood Test As Suppression Of Evidence
Police Refusal Of A Blood Test As Suppression Of Evidence
Washington and Lee Law Review
No abstract provided.
Involuntary Confessions And New York Procedure
Involuntary Confessions And New York Procedure
Washington and Lee Law Review
No abstract provided.
Disposition Of Physical Exhibits Used In Criminal Trials
Disposition Of Physical Exhibits Used In Criminal Trials
Washington and Lee Law Review
No abstract provided.
Admitting Lie-Detector Results By Stipulation
Admitting Lie-Detector Results By Stipulation
Washington and Lee Law Review
No abstract provided.
Use Of Blood Tests As Evidence Of Intoxication In Virginia
Use Of Blood Tests As Evidence Of Intoxication In Virginia
Washington and Lee Law Review
No abstract provided.
Admissibility In Criminal Cases Of Evidence Of Other Sex Offenses
Admissibility In Criminal Cases Of Evidence Of Other Sex Offenses
Washington and Lee Law Review
No abstract provided.
Attendance Of Out-Of-State Witnesses In Criminal Trials
Attendance Of Out-Of-State Witnesses In Criminal Trials
Washington and Lee Law Review
No abstract provided.
Evidence-Admissibility Of Evidence Of Deceased's Good Character In Homicide Case In Which Accused Relies On Self-Defense
Washington and Lee Law Review
No abstract provided.