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Evidence Commons

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1981

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Institution
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Articles 1 - 30 of 55

Full-Text Articles in Evidence

A New Era In The Evolution Of Scientific Evidence - A Primer On Evaluating The Weight Of Scientific Evidence, Edward J. Imwinkelried Dec 1981

A New Era In The Evolution Of Scientific Evidence - A Primer On Evaluating The Weight Of Scientific Evidence, Edward J. Imwinkelried

William & Mary Law Review

No abstract provided.


Moving Towards An Evidence Law Of General Princples: Several Suggestions Concerning An Evidence Code For North Carolina, Walker J. Blakey Oct 1981

Moving Towards An Evidence Law Of General Princples: Several Suggestions Concerning An Evidence Code For North Carolina, Walker J. Blakey

North Carolina Central Law Review

No abstract provided.


Evidentiary Problems In Multiple Defendant Cases: How To Plan For And Deal With Them, Herman E. Gaskins Jr. Oct 1981

Evidentiary Problems In Multiple Defendant Cases: How To Plan For And Deal With Them, Herman E. Gaskins Jr.

North Carolina Central Law Review

No abstract provided.


The Polygraph: Perceiving Or Deceiving Us, Richard A. Elmore Oct 1981

The Polygraph: Perceiving Or Deceiving Us, Richard A. Elmore

North Carolina Central Law Review

No abstract provided.


Comparison Evidence In Obscenity Trials, Marguerite Munson Lentz Oct 1981

Comparison Evidence In Obscenity Trials, Marguerite Munson Lentz

University of Michigan Journal of Law Reform

This Article critiques the approach endorsed in Hamling, particularly regarding the Court's failure to consider how the presentation of proof in an obscenity trial affects the defendant's constitutional rights. The Article urges that relevant comparison evidence should be admissible despite the risk of confusion or the opportunity to present expert testimony, and furthermore, that a court should be required to make explicit its findings regarding the relevancy of comparison evidence. Part I of the Article demonstrates the constitutional significance to the obscenity defendant of evidence, particularly comparison exhibits, bearing on prevailing community standards. Part II considers the assessment ...


Parent-Child Incest: Proof At Trial Without Testimony In Court By The Victim, Dustin P. Ordway Oct 1981

Parent-Child Incest: Proof At Trial Without Testimony In Court By The Victim, Dustin P. Ordway

University of Michigan Journal of Law Reform

This Note argues that the incest victim should not testify personally at trial. Rather, the child's testimony should be replaced with tape-recorded pretrial examinations of the victim by an expert, supplemented by the in-court testimony of the examining expert. Part I discusses how the present system of requiring in-court testimony by the victim harms the child, fails to correct the incest problem, and produces unreliable evidence. Part II outlines and discusses the merits of the proposed reform. Part ill examines the proposed reform in light of the defendant's constitutional rights to due process and to confront witnesses against ...


Criminal Procedure—Scope Of The Exclusionary Rule—Inevitable Discovery Exception Adopted, Melanie J. Strigel Oct 1981

Criminal Procedure—Scope Of The Exclusionary Rule—Inevitable Discovery Exception Adopted, Melanie J. Strigel

University of Arkansas at Little Rock Law Review

No abstract provided.


Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon Jul 1981

Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon

Law Faculty Publications

No abstract provided.


Closing The Evidentiary Gap: A Review Of Circuit Court Opinions Analyzing Federal Black Lung Presumptions Of Entitlement, Henry L. Stephens Jr., Alva A. Hollon Jr. Jun 1981

Closing The Evidentiary Gap: A Review Of Circuit Court Opinions Analyzing Federal Black Lung Presumptions Of Entitlement, Henry L. Stephens Jr., Alva A. Hollon Jr.

West Virginia Law Review

No abstract provided.


Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen Apr 1981

Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen

University of Michigan Journal of Law Reform

I have learned a great deal from "Testimonial Privilege and Fair Trial"-as I always do from Professor Hill's work. Indeed, he has changed my way of thinking in this area in several important respects. At the same time, I come to rather different conclusions than he regarding each of his three major topics. Part I of this article examines the problem of finding a "remedy" for testimonial privileges that violate a defendant's right to a fair trial. Part II discusses the problem of determining when a defendant is entitled to assert that the "right" has been violated ...


The Privacy Protection Act Of 1980: Curbing Unrestricted Third-Party Searches In The Wake Of Zurcher V. Stanford Daily, Jose M. Sariego Apr 1981

The Privacy Protection Act Of 1980: Curbing Unrestricted Third-Party Searches In The Wake Of Zurcher V. Stanford Daily, Jose M. Sariego

University of Michigan Journal of Law Reform

This article analyzes the Privacy Protection Act as a response to Zurcher. Part I discusses the Zurcher decision and its effect on First and Fourth Amendment rights, as well as its impact on state testimonial privileges. Part II critically examines key features of the statute, focusing on the parties and materials protected, the police practices regulated, the remedies provided for violations, and the Act's constitutional underpinnings. Part II also offers suggestions for remedying the problems the Act currently presents. The article concludes that the Privacy Protection Act, while a necessary first step to minimizing the impact of Zurcher, is ...


Civil Procedure: Commentary, Faust Rossi Apr 1981

Civil Procedure: Commentary, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.


United States V. Payner--Constriction Of The Federal Courts' Supervisory Power, Mary Rich Lewis Apr 1981

United States V. Payner--Constriction Of The Federal Courts' Supervisory Power, Mary Rich Lewis

West Virginia Law Review

No abstract provided.


Ix. Evidence Mar 1981

Ix. Evidence

Washington and Lee Law Review

No abstract provided.


Limiting Exclusion Of Evidence Under The Federal Court's Supervisory Power With A Fourth Amendment Sword: United States V. Payner, Kevin Michael Carome Mar 1981

Limiting Exclusion Of Evidence Under The Federal Court's Supervisory Power With A Fourth Amendment Sword: United States V. Payner, Kevin Michael Carome

Boston College Law Review

No abstract provided.


Psycholegal Research: Past And Present, Wallace D. Loh Mar 1981

Psycholegal Research: Past And Present, Wallace D. Loh

Michigan Law Review

A Review of The Psychology of Eyewitness Testimony by A. Daniel Yarmey, and Eyewitness Testimony by Elizabeth F. Loftus, and Social Psychology in Court by Michael J. Saks and Reid Hastie, and The Criminal Justice System and Its Psychology by Alfred Cohn and Roy Udolf


Chapter 5: Evidence, Noel Augustyn Jan 1981

Chapter 5: Evidence, Noel Augustyn

Annual Survey of Massachusetts Law

No abstract provided.


The Admissibility Of Expert Testimony On The Issue Of Eyewitness Identification In Criminal Trials, 2 N. Ill. U. L. Rev. 59 (1981), Edward B. Arnolds, William K. Carroll, Michael P. Seng Jan 1981

The Admissibility Of Expert Testimony On The Issue Of Eyewitness Identification In Criminal Trials, 2 N. Ill. U. L. Rev. 59 (1981), Edward B. Arnolds, William K. Carroll, Michael P. Seng

Faculty Scholarship

No abstract provided.


Witness-Spouse Alone May Exercise Spousal Testimonial Privilege In Federal Criminal Cases, Trammel V. United States 445 U.S. 40 (1980) Jan 1981

Witness-Spouse Alone May Exercise Spousal Testimonial Privilege In Federal Criminal Cases, Trammel V. United States 445 U.S. 40 (1980)

Washington University Law Review

No abstract provided.


Equal Protection—Refusal To Provide Expert Witness For Indigent Defendant Denies Equal Protection Jan 1981

Equal Protection—Refusal To Provide Expert Witness For Indigent Defendant Denies Equal Protection

Washington University Law Review

No abstract provided.


Blood Test Evidence In Disputed Paternity Cases: Unjustified Adherence To The Exclusionary Rule, Richard Lane Schnake Jan 1981

Blood Test Evidence In Disputed Paternity Cases: Unjustified Adherence To The Exclusionary Rule, Richard Lane Schnake

Washington University Law Review

No abstract provided.


Paradoxes, Gedanken Experiments And The Burden Of Proof: A Response To Dr. Cohen's Reply, David H. Kaye Jan 1981

Paradoxes, Gedanken Experiments And The Burden Of Proof: A Response To Dr. Cohen's Reply, David H. Kaye

Journal Articles

This article responds to L. Jonathan Cohen's critique of the author's position regarding the problem of naked statistical evidence. Cohen argues that the kind of probability at work in litigation does not conform to the axioms of mathematical probability. The author responds by suggesting that the familiar theory of probability needs no revision to account for the reluctance of a few courts to permit plaintiffs to prevail on the strength of background statistics alone. One need not adopt Dr. Cohen's esoteric mathematical structure to explain the burden of proof in civil cases. The article shows that whether ...


The Admissibility Of Hypnotically Induced Recollection, R. Eberley Davis Jan 1981

The Admissibility Of Hypnotically Induced Recollection, R. Eberley Davis

Kentucky Law Journal

No abstract provided.


A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal Jan 1981

A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal

Law Faculty Publications

In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for ...


Discovery Of Penalties, W. Hamilton Bryson Jan 1981

Discovery Of Penalties, W. Hamilton Bryson

University of Richmond Law Review

It is a well-established and fundamental principle of justice that no one may be compelled to subject himself to punishments nor to give evidence leading to that result. Nemo tenetur prodere seipsum is an ancient maxim. It was written directly into the Virginia Declaration of Rights in 1776, which states that in all "criminal prosecutions" no one can "be compelled to give evidence against himself." This idea was also incorporated into the United States Constitution in 1791 through the fifth amendment.


The Abolition Of The Party-Witness Disqualification: An Historical Survey, Joel N. Bodansky Jan 1981

The Abolition Of The Party-Witness Disqualification: An Historical Survey, Joel N. Bodansky

Kentucky Law Journal

No abstract provided.


Mccormick On Evidence And The Concept Of Hearsay: A Critical Analysis Followed By Suggestions To Law Teachers, Roger C. Park Jan 1981

Mccormick On Evidence And The Concept Of Hearsay: A Critical Analysis Followed By Suggestions To Law Teachers, Roger C. Park

Faculty Scholarship

No abstract provided.


Selected Evidence Problems In Illinois Will Contests, Joachim J. Brown Jan 1981

Selected Evidence Problems In Illinois Will Contests, Joachim J. Brown

Loyola University Chicago Law Journal

No abstract provided.


Grand Jury: A Prosecutor Need Not Present Exculpatory Evidence Jan 1981

Grand Jury: A Prosecutor Need Not Present Exculpatory Evidence

Washington and Lee Law Review

No abstract provided.


The Ohio Rules Of Evidence: Part Ii, Paul C. Giannelli Jan 1981

The Ohio Rules Of Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.