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Articles 1 - 11 of 11

Full-Text Articles in Evidence

Case & Statute Comments, The New Massachusetts Drug Asset Forfeiture Law: A Dialogue, R. Michael Cassidy Nov 1990

Case & Statute Comments, The New Massachusetts Drug Asset Forfeiture Law: A Dialogue, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


The Self-Incrimination Debate, Mark Berger Jul 1990

The Self-Incrimination Debate, Mark Berger

Faculty Works

No abstract provided.


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 Apr 1990

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 Death Of Discretion: Prior Felony Convictions Automatically Admissible In Civil Actions - Green V. Bock Laundry Machine Co., Kimberly S. Smith Jan 1990

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.


What Was Discovered In The Quest For Truth?, Steven H. Goldberg Jan 1990

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.


The Existing Confidentiality Privileges As Applied To Rape Victims, Bridget M. Mccafferty Jan 1990

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 …


The Exclusion Of Evidence In The United States, Paul Marcus Jan 1990

The Exclusion Of Evidence In The United States, Paul Marcus

Faculty Publications

No abstract provided.


Dna "Profiles" - The Problems Of Technology Transfer, Michael J. Dirusso Jan 1990

Dna "Profiles" - The Problems Of Technology Transfer, Michael J. Dirusso

NYLS Journal of Human Rights

No abstract provided.


Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams Jan 1990

Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle Jan 1990

Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle

Faculty Scholarship

Part I critiques the Report's insistence that accurate fact finding exhausts, or nearly exhausts, the objectives of criminal justice, identifies the fundamental role of the Bill of Rights in the American political order, and situates federal habeas corpus within that framework. Part II traces the Report's historical review of the federal habeas jurisdiction and critiques the Report's too-convenient reliance on selected materials that, on examination, fail to undermine conventional understandings of the writ's development as a postconviction remedy. Part III responds to the Report's complaints regarding current habeas corpus practice and refutes contentions that the habeas jurisdiction overburdens federal dockets …


Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas Jan 1990

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.