Evidence Commons^™

Modern Evidence And The Expert Witness, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.

I Cannot Tell A Lie: The Standard For New Trial In False Testimony Cases, Daniel Wolf

Michigan Law Review

This Note examines the question of what standard should be used for granting a new trial when a defendant's conviction is alleged to have been based, at least in part, on false testimony. Part I demonstrates the failure of the existing standards to strike a satisfactory balance between defendants' rights and the efficient administration of the criminal justice system. Part II argues that motions for retrial based upon false testimony should be governed by a standard drawn not only from newly discovered evidence cases generally, but also from cases involving prosecutorial misconduct. Finally, Part III suggests that the proper test …

The Admissibility Of Prior Silence To Impeach The Testimony Of Criminal Defendants, Rex A. Sharp

University of Michigan Journal of Law Reform

This Note focuses on whether a defendant who was called as a witness at the prior, severed trial of a codefendant and refused to testify by invoking the fifth amendment can subsequently be impeached by this silence at his own trial. In addition to the obvious implications this issue has for severed criminal trials, the factors considered when deciding whether impeachment by silence should be allowed generally are in sharpest focus in this factual setting. Thus, the analysis of the constitutional and evidentiary questions this Note enlists to argue that impeachment by silence in this context is permissible applies as …

The Burger Court And Prosecutorial Misconduct, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Professor Gershman critically examines a series of recent Supreme Court decisions dealing with prosecutorial misconduct. In each case, the Court reversed the lower court and reinstated the conviction.

There are a broad range of issues involved; from suppression of evidence to trial misconduct. As a former prosecutor in New York City, the author is forced to conclude that, "Prosecutorial misconduct occurs because it works and because sanctions for misbehavior are virtually nonexistent."

Unmasking The Criminal: A Proposal To Prevent The Accessibility Of False Identification, 18 J. Marshall L. Rev. 789 (1985), Gerard Ring

UIC Law Review

No abstract provided.

Testing The Reliability Of Coconspirators' Statements Admitted Under Federal Rule Of Evidence 801(D)(2)(E): Putting The Claws Back In The Confrontation Clause, Daniel R. Rizzolo

Villanova Law Review

No abstract provided.

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

Publications

No abstract provided.

Does A Criminal Defendant Have A Constitutional Right To Compel The Production Of Privileged Testimony Through Use Immunity, Louis M. Natali Jr.

Villanova Law Review

No abstract provided.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

Historical Truth, Narrative Truth, And Expert Testimony, Marianne Wesson

Publications

No abstract provided.

Gates, Leon And The Compromise Of Adjudicatory Fairness: (Part I)-A Dialogue On Prejudicial Concurrences, Joel J. Finer

Law Faculty Articles and Essays

On July 5, 1984, the Supreme Court in Leon v. United States held that where law enforcement officials execute a search warrant issued in violation of the dictates of the fourth amendment but act in the "good faith," "objectively-reasonable" belief that the warrant was constitutionally valid, the fruits of the search should not (with a few exceptions) be excluded from evidence under the exclusionary rule. On June 8, 1983, in Illinois v. Gates, the Supreme Court, after calling for and receiving briefs and arguments on the same issue of whether the exclusionary rule should be modified, concluded, for reasons of …