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Articles 1 - 30 of 40
Full-Text Articles in Evidence
Errors In Good Faith: The Leon Exception Six Years Later, David Clark Esseks
Errors In Good Faith: The Leon Exception Six Years Later, David Clark Esseks
Michigan Law Review
Given this vast literature on the good faith exception, little room appears to exist for additional commentary on the propriety of the decision, its theoretical weaknesses or strengths, or what further changes in constitutional criminal procedure it forebodes. This Note will not add to the many voices complaining of the Court's misconstrual of the grounding of the exclusionary rule, nor of its crabbed notion of deterrence. Instead, it accepts, arguendo, the propriety of the exception and its underlying purpose, and then examines the six-year experience with the revised rule. The proliferation of reported applications of the good faith exception …
Evidence, Marc T. Treadwell
Evidence, Marc T. Treadwell
Mercer Law Review
The most significant development in Georgia evidence law during the survey period was the continued effort to adopt a new Georgia evidence code based upon the Federal Rules of Evidence. As reported in last year's survey article, the proposed Georgia Rules of Evidence (the "proposed Rules") were introduced during the 1989 session of the, general assembly but did not reach the floor of either chamber. The proposed Rules were again introduced in the 1990 session and promptly received unanimous Senate approval. The Rules were then referred to the House Judiciary Committee where they remained until the end of the session. …
Case & Statute Comments, The New Massachusetts Drug Asset Forfeiture Law: A Dialogue, R. Michael Cassidy
Case & Statute Comments, The New Massachusetts Drug Asset Forfeiture Law: A Dialogue, R. Michael Cassidy
R. Michael Cassidy
No abstract provided.
The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer
The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer
Faculty Publications
No abstract provided.
Primer For The Nonmathematically Inclined On Mathematical Evidence In Criminal Cases: People V. Collins And Beyond, David Mccord
Primer For The Nonmathematically Inclined On Mathematical Evidence In Criminal Cases: People V. Collins And Beyond, David Mccord
Washington and Lee Law Review
No abstract provided.
Dna Fingerprinting: Is It Ready For Trial?, Jeffrey A. Norman
Dna Fingerprinting: Is It Ready For Trial?, Jeffrey A. Norman
University of Miami Law Review
No abstract provided.
The Self-Incrimination Debate, Mark Berger
The Admission Of Government Fact Findings Under Federal Rule Of Evidence 803(8)(C): Limiting The Dangers Of Unreliable Hearsay, Steven P. Grossman, Stephen J. Shapiro
The Admission Of Government Fact Findings Under Federal Rule Of Evidence 803(8)(C): Limiting The Dangers Of Unreliable Hearsay, Steven P. Grossman, Stephen J. Shapiro
All Faculty Scholarship
Federal Rule of Evidence 803(8)(C), an exception to the rule against admission of hearsay, permits introduction of public records or reports containing the fact findings of the reporter without requiring the reporter to appear at trial. These fact findings can be based upon the reporter's own observations and calculations or information imparted to the reporter from sources having no connection to any public agency whatsoever. Rule 803(8)(C) has also been used as the vehicle for presenting juries with fact findings from hearings conducted by public officials. The rule would seem to allow these fact findings even though the opponent had …
The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt
The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
The Conflict Concerning Expert Witnesses And Legal Conclusions, Charles W. Ehrhardt
The Conflict Concerning Expert Witnesses And Legal Conclusions, Charles W. Ehrhardt
West Virginia Law Review
No abstract provided.
"I Didn't Tell Them Anything About You": Implied Assertions As Hearsay Under The Federal Rules Of Evidence, Roger C. Park
"I Didn't Tell Them Anything About You": Implied Assertions As Hearsay Under The Federal Rules Of Evidence, Roger C. Park
Faculty Scholarship
No abstract provided.
Hearsay In Illinois: A New Look At Some Old Problems, 10 N. Ill. U. L. Rev. 159 (1990), John E. Corkery
Hearsay In Illinois: A New Look At Some Old Problems, 10 N. Ill. U. L. Rev. 159 (1990), John E. Corkery
UIC Law Open Access Faculty Scholarship
No abstract provided.
Evidence, James P. Carey, Maryellen Maley
Evidence, James P. Carey, Maryellen Maley
Loyola University Chicago Law Journal
No abstract provided.
Policing Discovery Under Illinois Supreme Court Rule 219(C): A Search For Judicial Consistency, Kathleen M. Potocki
Policing Discovery Under Illinois Supreme Court Rule 219(C): A Search For Judicial Consistency, Kathleen M. Potocki
Loyola University Chicago Law Journal
No abstract provided.
The Admissibility Of Scientific Evidence In Illinois, M. Thaddeus Murphy
The Admissibility Of Scientific Evidence In Illinois, M. Thaddeus Murphy
Loyola University Chicago Law Journal
No abstract provided.
Supreme Court, Plain Meaning, And The Changed Rules Of Evidence, Randolph N. Jonakait
Supreme Court, Plain Meaning, And The Changed Rules Of Evidence, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Dna "Profiles" - The Problems Of Technology Transfer, Michael J. Dirusso
Dna "Profiles" - The Problems Of Technology Transfer, Michael J. Dirusso
NYLS Journal of Human Rights
No abstract provided.
Dna Fingerprinting: Evidence Of The Fuiture, Jane E. Hanner
Dna Fingerprinting: Evidence Of The Fuiture, Jane E. Hanner
Kentucky Law Journal
No abstract provided.
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.
Should A Motion In Limine Or Similar Preliminary Motion Made In The Federal Court System Preserve Error On Appeal Without A Contemporaneous Objection?, Catherine Murr Young
Should A Motion In Limine Or Similar Preliminary Motion Made In The Federal Court System Preserve Error On Appeal Without A Contemporaneous Objection?, Catherine Murr Young
Kentucky Law Journal
No abstract provided.
Letting Katz Out Of The Bag: Re-Evaluating Probable Cause In The Context Of Electronic Eavesdropping, Elan Gerstmann Esq.
Letting Katz Out Of The Bag: Re-Evaluating Probable Cause In The Context Of Electronic Eavesdropping, Elan Gerstmann Esq.
Loyola University Chicago Law Journal
No abstract provided.
What Was Discovered In The Quest For Truth?, Steven H. Goldberg
What Was Discovered In The Quest For Truth?, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
Criminal discovery has outstripped Justice Brennan's claim of "mixed" results. His description of the twenty-five year transformation as merely "rapid" is too modest. From the picture in 1963, which he accurately describes as "quite a bleak one," discovery is, today, de rigueur in criminal cases. There is little to suggest a general reduction of criminal case discovery in the future.
Evidence, Fifth Circuit Symposium, David A. Schlueter
Evidence, Fifth Circuit Symposium, David A. Schlueter
Faculty Articles
This article reviews decisions by the United States Court of Appeals for the Fifth Circuit on evidence issues and concludes that if an attorney has any hopes of obtaining appellate relief on an evidentiary issue, it is essential that the issues be presented concisely and completely to the trial court. The appellate courts will not reverse an evidentiary ruling of a trial court, even if the trial court has erred. This deference to the trial court is in recognition of the hundreds of rulings on evidence that the trial court must conduct within the course of a trial. In order …
Annual Survey Of Virginia Law: Evidence, Charles E. Friend
Annual Survey Of Virginia Law: Evidence, Charles E. Friend
University of Richmond Law Review
The past year has brought a variety of appellate court decisions (and a few legislative actions) in the evidence area. Some of these are merely affirmations of well-established principles; others answer questions about evidence law which have troubled lawyers and judges in the Commonwealth for some time. And, inevitably, some of them raise questions in areas once thought to be definite and certain.
The Existing Confidentiality Privileges As Applied To Rape Victims, Bridget M. Mccafferty
The Existing Confidentiality Privileges As Applied To Rape Victims, Bridget M. Mccafferty
Journal of Law and Health
It is evident that when this type of questioning occurs, the victim must overcome the presumption that she is at fault. As it exists, the prosecution of the rapist also results in the prosecution of the victim. However, it is undeniable that the defendant in a rape case is presumed innocent until a judicial determination states otherwise. A dilemma arises when the court attempts to balance the victim's right to bring the accused to trial and the defendant's right to prove his innocence. Currently, the judicial system favors the presumption of the defendant's innocence, presupposing that the victim has falsely …
Hearsay: Part Ii, Paul C. Giannelli
Diminskis V. Chicago Transit Authority: Circumventing Expert Witness Discovery, Adrian M. Vuckovich
Diminskis V. Chicago Transit Authority: Circumventing Expert Witness Discovery, Adrian M. Vuckovich
Loyola University Chicago Law Journal
No abstract provided.
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Touro Law Review
No abstract provided.
The Exclusion Of Evidence In The United States, Paul Marcus
The Exclusion Of Evidence In The United States, Paul Marcus
Faculty Publications
No abstract provided.