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Evidence Commons

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1982

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Articles 1 - 28 of 28

Full-Text Articles in Evidence

The Exclusionary Rule: An Examination Of The Case Law And The Present Posture Of The Florida Supreme Court, Michael Shaw Tammaro Oct 1982

The Exclusionary Rule: An Examination Of The Case Law And The Present Posture Of The Florida Supreme Court, Michael Shaw Tammaro

Florida State University Law Review

No abstract provided.


Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack Oct 1982

Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack

University of Michigan Journal of Law Reform

Defendants, however, have raised serious constitutional objections to the introduction of grand jury testimony when the witness is unavailable to testify at trial. These claims have focused on the confrontation clause of the sixth amendment and the due process clauses of the fifth and fourteenth amendments. Defendants have contended that the introduction of testimony from a grand jury proceeding which cannot be subjected to cross-examination fatally compromises the defendant's right to a fair trial. Lower courts are split over admitting grand jury testimony in these circumstances, and the Supreme Court has yet to rule on the issue. As a ...


Interview Notes Of Government Agents Under The Jencks Act, Michigan Law Review Aug 1982

Interview Notes Of Government Agents Under The Jencks Act, Michigan Law Review

Michigan Law Review

Most courts that have considered the issue have concluded that the Jencks Act does not require the government to retain and produce rough interview notes. This Note examines the language and purpose of the Act to determine whether interview notes should be considered Jencks Act statements. Part I examines the policy underlying the Jencks Act and argues that the majority position sanctioning pre-trial destruction of interview notes conflicts with these statutory purposes. Part II discusses the statutory language and argues that the status of the witness as a government agent or a private individual determines the applicable section of the ...


Substantive Influences On The Use Of Exceptions To The Hearsay Rule, Freda F. Bein Jul 1982

Substantive Influences On The Use Of Exceptions To The Hearsay Rule, Freda F. Bein

Boston College Law Review

No abstract provided.


Burdens Within Burdens At A Trial Within A Trial, William J. Bridge Jul 1982

Burdens Within Burdens At A Trial Within A Trial, William J. Bridge

Boston College Law Review

No abstract provided.


Smith V. Fortune Insurance Co., 404 So. 2d 821 (Fla. 1st Dist. Ct. App. 1981), Sarah E. Nall Apr 1982

Smith V. Fortune Insurance Co., 404 So. 2d 821 (Fla. 1st Dist. Ct. App. 1981), Sarah E. Nall

Florida State University Law Review

Evidence-FLORIDA COURT USES BROAD ADVERSE PARTY WITNESS DEFINITION FOR BOTH IMPEACHMENT AND ADMISSIONS PURPOSES


Using Convictions To Impeach Under The Florida Evidence Code, Charles W. Ehrhardt Apr 1982

Using Convictions To Impeach Under The Florida Evidence Code, Charles W. Ehrhardt

Florida State University Law Review

No abstract provided.


Hypnotically Induced Testimony: Credibility Versus Admissibility, Octavis White Apr 1982

Hypnotically Induced Testimony: Credibility Versus Admissibility, Octavis White

Indiana Law Journal

No abstract provided.


The Use/Nonuse/Misuse Of Applied Social Research In The Courts, Michigan Law Review Mar 1982

The Use/Nonuse/Misuse Of Applied Social Research In The Courts, Michigan Law Review

Michigan Law Review

A Review of The Use/Nonuse/Misuse of Applied Social Research in the Courts edited by Michael J. Saks and Charles H. Baron


A Judicial Perspective On Opinion Evidence Under The Federal Rules, George C. Pratt Mar 1982

A Judicial Perspective On Opinion Evidence Under The Federal Rules, George C. Pratt

Washington and Lee Law Review

No abstract provided.


The Numbers Game: Statistical Inference In Discrimination Cases, David H. Kaye Mar 1982

The Numbers Game: Statistical Inference In Discrimination Cases, David H. Kaye

Michigan Law Review

A Review of Statistical Proof of Discrimination by David Baldus and James Cole


Chapter 1: Evidence, Noel Augustyn Jan 1982

Chapter 1: Evidence, Noel Augustyn

Annual Survey of Massachusetts Law

No abstract provided.


Kentucky Law Survey: Evidence, Richard H. Underwood, Carolyn M. Geisler Jan 1982

Kentucky Law Survey: Evidence, Richard H. Underwood, Carolyn M. Geisler

Kentucky Law Journal

No abstract provided.


Is It Time For A Change In The Exclusionary Rule? United States V. Williams And The Good Faith Exception, Robert Oliver Lesley Jan 1982

Is It Time For A Change In The Exclusionary Rule? United States V. Williams And The Good Faith Exception, Robert Oliver Lesley

Washington University Law Review

No abstract provided.


Objections - Howls Of A Dog-Pound Quarrel, The Hon. E. Maurice Braswell Jan 1982

Objections - Howls Of A Dog-Pound Quarrel, The Hon. E. Maurice Braswell

Campbell Law Review

An uninterrupted offer of evidence by an attorney during a trial in North Carolina is a rare if not unknown experience in the workday of a Superior Court Judge. At some stage of the proceedings the legally abused and commonly misunderstood word "objection" will be interposed. Objections shatter the presentation of the case being pursued by the offering counsel. Objections generally generate delay, create discord, cause confusion when a novel point is presented, and always require a response from the judge. Because the judge's response provides the roots for appeal, he, as well as counsel, must be knowledgeable of ...


Constitutional Limitations On Obtaining Evidence For Scientific Analysis, Paul C. Giannelli Jan 1982

Constitutional Limitations On Obtaining Evidence For Scientific Analysis, Paul C. Giannelli

Faculty Publications

No abstract provided.


Light-Hearted Thoughts About Discovery Reform, John W. Reed Jan 1982

Light-Hearted Thoughts About Discovery Reform, John W. Reed

Other Publications

I am delighted to be here among friends from various settings and associations over the years. Having been unable to arrive until late last evening, I am in a poor position to offer useful commentary on what has been said here. But no matter-that is not my assignment. You have heard enough words of wisdom for one weekend. My pleasant assignment is to offer some "light-hearted" comments on discovery reform. I hope they do not prove to be "light-headed" as well.


Federal Habeas Corpus And The Mapp Exclusionary Rule After Stone V. Powell, Philip Halpern Jan 1982

Federal Habeas Corpus And The Mapp Exclusionary Rule After Stone V. Powell, Philip Halpern

Journal Articles

No abstract provided.


Discovery In Illinois And Federal Courts, 15 J. Marshall L. Rev. 1 (1982), Robert G. Johnston Jan 1982

Discovery In Illinois And Federal Courts, 15 J. Marshall L. Rev. 1 (1982), Robert G. Johnston

The John Marshall Law Review

No abstract provided.


Forensic Hair Analysis: The Case Against The Underemployment Of Scientific Evidence, Edward J. Imwinkelried Jan 1982

Forensic Hair Analysis: The Case Against The Underemployment Of Scientific Evidence, Edward J. Imwinkelried

Washington and Lee Law Review

No abstract provided.


Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag Jan 1982

Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag

Articles

No abstract provided.


The Business Papers Rule: Personal Privacy And White Collar Crime, John S. Applegate Jan 1982

The Business Papers Rule: Personal Privacy And White Collar Crime, John S. Applegate

Articles by Maurer Faculty

No abstract provided.


Robbins, Belton And Ross: Reconsideration Of Bright Line Rules For Warrantless Container Searches, Christopher J. St. John Jan 1982

Robbins, Belton And Ross: Reconsideration Of Bright Line Rules For Warrantless Container Searches, Christopher J. St. John

Cleveland State Law Review

This Note analyzes the development of these warrantless container search and seizure exceptions to furnish a comprehensive review of their justifications. The major focus is on the underlying rationale of Belton and Ross and the possible ramifications of such far-reaching warrant exceptions. The Note recommends that state courts interpret their state constitutions to allow the less drastic alternative of warrantless seizures of certain containers rather than warrantless searches as permitted by Belton and Ross under the federal Constitution. In addition, an analytic methodology for isolating interrelated yet distinct search and seizure questions is proposed. Initially, a general background of fourth ...


Notes On A Grand Illusion: Some Limits On The Use Of Bayesian Theory In Evidence Law, Craig R. Callen Jan 1982

Notes On A Grand Illusion: Some Limits On The Use Of Bayesian Theory In Evidence Law, Craig R. Callen

Indiana Law Journal

No abstract provided.


Failed Explanations And Criminal Responsibility: Experts And The Unconscious, Stephen J. Morse Jan 1982

Failed Explanations And Criminal Responsibility: Experts And The Unconscious, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


Search And Seizure Of America: The Case For Keeping The Exclusionary Rule, Yale Kamisar Jan 1982

Search And Seizure Of America: The Case For Keeping The Exclusionary Rule, Yale Kamisar

Articles

Twenty years ago, concurring in Mapp v. Ohio (1961), Justice William 0. Douglas looked back on Wolf v. Colorado (1949) (which had held that the Fourth Amendment's substantive protection against "unreasonable search and seizure" was binding on the states through the due process clause, but that the Fourth Amendment exclusionary rule was not) and recalled that the Wolf case had evoked "a storm of controversy which only today finds its end." But, of course, in the twenty years since Justice Douglas made that observation the storm of controversy has only intensified, and it has engulfed the exclusionary rule in ...


A Practical Approach To The Use Of Expert Testimony, Irving Younger Jan 1982

A Practical Approach To The Use Of Expert Testimony, Irving Younger

Cleveland State Law Review

I will raise the questions that a lawyer is likely to put to himself when preparing a case involving expert witnesses, followed by an explanation of how to deal with the expert witness in court. After raising particular issues, I will sketch out the answer that you will find, and since we need to look at some particular jurisdiction, I will pay attention to the federal jurisdiction and the twenty or so states that have enacted the Federal Rules of Evidence. Then, by way of contrast, I will refer to some New York cases, simply because first, I know them ...


Discovery Of Retained Nontestifying Experts' Identities Under The Federal Rules Of Civil Procedure, Michigan Law Review Jan 1982

Discovery Of Retained Nontestifying Experts' Identities Under The Federal Rules Of Civil Procedure, Michigan Law Review

Michigan Law Review

This Note proposes an approach to the problem of identification of rule 26(b)(4)(B) experts that differs from both of the approaches taken in the reported opinions. 9 Part I analyzes the language of rule 26(b) and rejects the majority approach. As a matter of statutory construction, rule 26(b )( 4)(B) governs the disclosure of the identity of nontestifying experts retained by a party in preparation for trial. Part II examines the underlying purposes of rules 26(b)(l) and 26(b)(4)(B) - to ensure adequate pretrial disclosure and to prevent unfairness in adversarial competition ...