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Articles 1 - 30 of 38
Full-Text Articles in Evidence
I See Dead People: Examining The Admissibility Of Living-Victim Photographs In Murder Trials, Susanna Rychlak
I See Dead People: Examining The Admissibility Of Living-Victim Photographs In Murder Trials, Susanna Rychlak
Vanderbilt Law Review
In the summer of 2015, the Tennessee legislature debated and passed the "Victim Life Photo Act," which went into effect on July 1, 2015. This law states: "In a prosecution for any criminal homicide, an appropriate photograph of the victim while alive shall be admissible evidence when offered by the district attorney general to show the general appearance and condition of the victim while alive." Victims' rights groups lobbied for this and similar laws throughout the country, which were then enacted by state legislatures. Though these laws amended rules of evidence, the considerations under which they were passed were largely …
Weatherford V. Bursey: "Surreptitious Invasion… Into The Legal Camp Of The Defense", Paul H. Voss
Weatherford V. Bursey: "Surreptitious Invasion… Into The Legal Camp Of The Defense", Paul H. Voss
Pepperdine Law Review
No abstract provided.
Limiting The Use Of Prior Felony Convictions To Impeach A Defendant - Witness In California Criminal Proceedings, Richard E. Boehm
Limiting The Use Of Prior Felony Convictions To Impeach A Defendant - Witness In California Criminal Proceedings, Richard E. Boehm
Pepperdine Law Review
No abstract provided.
Punitive Damages: An Exception To The Right Of Privacy? Coy V. Superior Court, Richard S. Fields
Punitive Damages: An Exception To The Right Of Privacy? Coy V. Superior Court, Richard S. Fields
Pepperdine Law Review
No abstract provided.
Drug Use And The Exclusionary Manque, Jerome A. Busch
Drug Use And The Exclusionary Manque, Jerome A. Busch
Pepperdine Law Review
No abstract provided.
Through The Lens Of Federal Evidence Rule 403: An Examination Of Eyewitness Identification Expert Testimony Admissibility In The Federal Circuit Courts, Lauren Tallent
Washington and Lee Law Review
No abstract provided.
Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible?, Michael P. Scharf
Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible?, Michael P. Scharf
Washington and Lee Law Review
This Article examines whether there should be exceptions to the international exclusionary rule for evidence obtained by torture, and if so, how those exceptions should be crafted to avoid abuse. Rather than explore the question in the hotly debated milieu of terrorist prosecutions, this Article analyzes and critiques three possible exceptions to the torture evidence exclusionary rule in the context of whether the newly established U.N. Cambodia Genocide Tribunal should admit evidence of the Khmer Rouge command structure that came from interrogation sessions at the infamous Tuol Sleng torture facility: (1) that the exclusionary rule should not apply to evidence …
Iola And Daubert, Leon D. Lazer
Rape Shield Statutes And The Admissibility Of Evidence Tending To Show A Motive To Fabricate 1998 John M. Manos Writing Competition On Evidence, Regan Kreitzer Latesta Clerk For United States Bankruptcy Court For The District Of Maryland
Rape Shield Statutes And The Admissibility Of Evidence Tending To Show A Motive To Fabricate 1998 John M. Manos Writing Competition On Evidence, Regan Kreitzer Latesta Clerk For United States Bankruptcy Court For The District Of Maryland
Cleveland State Law Review
Rape shield statutes were enacted in order to protect the rape victim from embarrassment and humiliation at the trial of the accused by restricting the admission of sexual conduct evidence. While these statutes, for the most part, succeed in protecting the victim and encouraging her to report the rape, they can have the effect of limiting the accused's ability to defend himself. Part II of this article discusses the advent of rape shield statutes in the United States. Part III examines case law construing the statutes with regard to prior sexual conduct as evidence of a motive to fabricate. Finally, …
Seeing Is Believing: A Practitioner's Guide To The Admissibility Of Demonstrative Computer Evidence, 1998 John M. Manos Writing Competition On Evidence , Karen D. Butera
Seeing Is Believing: A Practitioner's Guide To The Admissibility Of Demonstrative Computer Evidence, 1998 John M. Manos Writing Competition On Evidence , Karen D. Butera
Cleveland State Law Review
As computer equipment itself becomes more financially accessible, more experts are using computer simulations as demonstrative evidence during their trial testimony. However, this use of computer simulations presents several novel, complex issues. Part II will explore the backgrounds of demonstrative evidence, computerization, and the use of computer simulation for demonstrative evidence. Part III will discuss and analyze several relevant issues, including attorney training, expert knowledge, judicial confusion, additional evidentiary issues, and the possible prejudicial influence of demonstrative computer simulations. This discussion concludes with some general thoughts regarding the use of demonstrative computer simulation to illustrate expert testimony.
The Death Of Discretion: Prior Felony Convictions Automatically Admissible In Civil Actions - Green V. Bock Laundry Machine Co., Kimberly S. Smith
The Death Of Discretion: Prior Felony Convictions Automatically Admissible In Civil Actions - Green V. Bock Laundry Machine Co., Kimberly S. Smith
Campbell Law Review
This Note has four objectives. First, the Note examines the facts presented to the Green Court. Second, the Note surveys Rule 609's history and the divergent pre-Green views regarding Rule 609's application in the civil arena. Third, the Note examines Green's analysis and the Supreme Court's conclusion that Rule 609 forecloses any judicial discretion in admitting or excluding prior convictions evidence. And, finally, the Note concludes that North Carolina's Rule 609 should also be interpreted as requiring trial judges to admit prior convictions evidence regardless of unfair prejudice.
A Question Of Necessity: The Conflict Between A Defendant's Right Of Confrontation And A State's Use Of Closed Circuit Television In Child Sexual Abuse Cases
Washington and Lee Law Review
No abstract provided.
Campbell V. Greer: Impeaching Witnesses With Prior Conviction Evidence In A Civil Trial
Campbell V. Greer: Impeaching Witnesses With Prior Conviction Evidence In A Civil Trial
Washington and Lee Law Review
No abstract provided.
The Admissibility Of Tape Recorded Evidence Produced By Private Individuals Under Title Iii Of The Omnibus Crime Control Act Of 1968
Washington and Lee Law Review
No abstract provided.
Evidence - North Carolina Allows Admission Of The Unthinkable: Hearsay Exceptions And Statements Made By Sexually Abused Children - State V. Smith, Benita A. Lloyd
Evidence - North Carolina Allows Admission Of The Unthinkable: Hearsay Exceptions And Statements Made By Sexually Abused Children - State V. Smith, Benita A. Lloyd
Campbell Law Review
This Note will discuss how the court's decision to expand the traditional hearsay exceptions under Rule 803 ranks in effectiveness with other methods which allow into evidence hearsay statements of a child victim. While Smith does not provide admission of all critical hearsay statements made by sexually abused children, the decision goes a long way in allowing North Carolina courts to admit the unthinkable.
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.
Safeguards Against Suggestiveness: A Means For Admissibility Of Hypno-Induced Testimony
Safeguards Against Suggestiveness: A Means For Admissibility Of Hypno-Induced Testimony
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.
Inculpatory Declarations Against Penal Interest And The Coconspirator Rule Under The Federal Rules Of Evidence, Diane M. Frye
Inculpatory Declarations Against Penal Interest And The Coconspirator Rule Under The Federal Rules Of Evidence, Diane M. Frye
Indiana Law Journal
No abstract provided.
Admission Of Polygraph Results: A Due Process Perspective, Thomas K. Downs
Admission Of Polygraph Results: A Due Process Perspective, Thomas K. Downs
Indiana Law Journal
No abstract provided.
Admissibility Of Evidence Under Indiana's "Common Scheme Or Plan" Exception, Thomas Quigley
Admissibility Of Evidence Under Indiana's "Common Scheme Or Plan" Exception, Thomas Quigley
Indiana Law Journal
No abstract provided.
The Fourth Amendment And Foreign Searches: A Standard For The Admission Of Evidence
The Fourth Amendment And Foreign Searches: A Standard For The Admission Of Evidence
Washington and Lee Law Review
No abstract provided.
Preliminary Questions Of Fact: A New Theory, Charles V. Laughlin
Preliminary Questions Of Fact: A New Theory, Charles V. Laughlin
Washington and Lee Law Review
No abstract provided.
Admissibility Of Evidence Of Course Of Dealing And Usage Of Trade Under Uniform Commercial Code § 2-202(A)
Washington and Lee Law Review
No abstract provided.
Workmen's Compensation: Exclusion Of Evidence Obtained By Deceitful Inducement
Workmen's Compensation: Exclusion Of Evidence Obtained By Deceitful Inducement
Washington and Lee Law Review
No abstract provided.
Miranda Warnings And The Harmless Error Doctrine: Comments On The Indiana Approach, Michael W. Fruehwald
Miranda Warnings And The Harmless Error Doctrine: Comments On The Indiana Approach, Michael W. Fruehwald
Indiana Law Journal
No abstract provided.
Richardson V. State: An Opportunity Missed, Jay F. Cook
Richardson V. State: An Opportunity Missed, Jay F. Cook
Indiana Law Journal
Recent Developments in Indiana Law
Prior Convictions As Impeaching Evidence
Prior Convictions As Impeaching Evidence
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.
Admissibility Of Evidence Of Insurance In Automobile Negligence Actions
Admissibility Of Evidence Of Insurance In Automobile Negligence Actions
Washington and Lee Law Review
No abstract provided.