Open Access. Powered by Scholars. Published by Universities.®

Evidence Commons

Open Access. Powered by Scholars. Published by Universities.®

1994

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 51

Full-Text Articles in Evidence

Clarifying The Meaning Of Federal Rule Of Evidence 703, Joanne A. Epps Dec 1994

Clarifying The Meaning Of Federal Rule Of Evidence 703, Joanne A. Epps

Boston College Law Review

No abstract provided.


Response: Exaggerated And Misleading Reports Of The Death Of Conditional Relevance, Peter Tillers Dec 1994

Response: Exaggerated And Misleading Reports Of The Death Of Conditional Relevance, Peter Tillers

Michigan Law Review

In 1980 the late Professor Vaughn C. Ball of the University of Georgia published an article called The Myth of Conditional Relevancy. Ball's article is widely admired. One well-known evidence scholar, Ronald J. Allen, liked Ball's article so much that he borrowed its title word for word. Although the extent of Allen's enthusiasm for Ball's analysis may be unmatched, a good number of students of evidence - including this writer - have said that Ball's analysis of conditional relevance is both original and important. Richard Friedman, by contrast, cannot be counted as one of Ball's more ...


Conditional Probative Value: Neoclassicism Without Myth, Richard D. Friedman Dec 1994

Conditional Probative Value: Neoclassicism Without Myth, Richard D. Friedman

Articles

The concept of conditional relevance is an essential aspect of the classical model of evidentiary law. Some of the great scholars of evidence have endorsed and shaped it.1 Under Federal Rule of Evidence 104(b) it plays a crucial role in the division of responsibility between judge and jury,2 as well as in the application of the personal knowledge3 and authentication 4 requirements. And the Supreme Court has applied it with great force.5 In recent years, though, the concept has come under attack from several notable scholars. The late Vaughn Ball led the assault, calling the concept ...


Evidence—New Federal Standard For Admission Of Scientific Evidence. Daubert V. Merrell Dow Pharmaceuticals, Inc., 113 S. Ct. 2786 (1993)., Ed Koon Oct 1994

Evidence—New Federal Standard For Admission Of Scientific Evidence. Daubert V. Merrell Dow Pharmaceuticals, Inc., 113 S. Ct. 2786 (1993)., Ed Koon

University of Arkansas at Little Rock Law Review

No abstract provided.


Maryland's Adoption Of A Code Of Evidence, Lynn Mclain Jul 1994

Maryland's Adoption Of A Code Of Evidence, Lynn Mclain

All Faculty Scholarship

This short paper written just after the adoption of the Maryland Rules of Evidence explains the rules and the process it took to adapt the Federal Rules of Evidence for use in Maryland.


Technology Comes To The Courtroom, And . . ., Fredric I. Lederer Jul 1994

Technology Comes To The Courtroom, And . . ., Fredric I. Lederer

Faculty Publications

No abstract provided.


Factors For Reasonable Suspicion: When Black And Poor Means Stopped And Frisked, David A. Harris Jul 1994

Factors For Reasonable Suspicion: When Black And Poor Means Stopped And Frisked, David A. Harris

Indiana Law Journal

No abstract provided.


Cart V. Marcum: The Discovery Rule As An Exception To The Statute Of Limitations In West Virginia, James R. Leach Jun 1994

Cart V. Marcum: The Discovery Rule As An Exception To The Statute Of Limitations In West Virginia, James R. Leach

West Virginia Law Review

No abstract provided.


Experts, Liars, And Guns For Hire: A Different Perspective On The Qualification Of Technical Expert Witnesses, Christopher P. Murphy Apr 1994

Experts, Liars, And Guns For Hire: A Different Perspective On The Qualification Of Technical Expert Witnesses, Christopher P. Murphy

Indiana Law Journal

No abstract provided.


Assuming Facts Not In Evidence: A Response To Russell M. Coombs, Reforming New Jersey Evidence Law On Fresh Complaint Of Rape, Sherry F. Colb Apr 1994

Assuming Facts Not In Evidence: A Response To Russell M. Coombs, Reforming New Jersey Evidence Law On Fresh Complaint Of Rape, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.


Out Of The Twilight Zone: The Implications Of Daubert V. Merrill Dow Pharmaceuticals, Inc., Diana K. Sheiness Apr 1994

Out Of The Twilight Zone: The Implications Of Daubert V. Merrill Dow Pharmaceuticals, Inc., Diana K. Sheiness

Washington Law Review

In Daubert v. Merrell Dow Pharmaceuticals, Inc., the United States Supreme Court held that the Federal Rules of Evidence had not implicitly incorporated the general acceptance, or Frye, test for scientific evidence. Instead, the Court interpreted Rule 702 to mean that judges should admit challenged scientific testimony only after determining that its underlying method or theory is scientifically valid. This Note argues that the essence of the Daubert decision is that judges must ascertain whether or not the studies underlying proffered testimony have been performed in accordance with sound scientific principles. The Note analyzes several cases to illustrate appropriate and ...


The Admissibility Of Dna Evidence In Washington After State V. Cauthron, Elizabeth A. Allen Apr 1994

The Admissibility Of Dna Evidence In Washington After State V. Cauthron, Elizabeth A. Allen

Washington Law Review

In State v. Cauthron, the Washington Supreme Court issued its first opinion concerning forensic DNA evidence. The court clearly held that the principles underlying DNA evidence and the restricted fragment length polymorphism (RFLP) method of DNA typing are generally accepted in the scientific community and are therefore admissible under the Frye test. The court refused to find that the trial court had properly admitted DNA evidence, however, because testimony that the suspect's DNA "matched" the perpetrator's was not supported by probability statistics. This Note demonstrates that the court was unclear in its discussion of when probability statistics meet ...


Facing The Accuser: Ancient And Medieval Precursors Of The Confrontation Clause, Frank R. Herrmann, Brownlow M. Speer Apr 1994

Facing The Accuser: Ancient And Medieval Precursors Of The Confrontation Clause, Frank R. Herrmann, Brownlow M. Speer

Boston College Law School Faculty Papers

No abstract provided.


Maryland's First Evidence Code, Lynn Mclain Mar 1994

Maryland's First Evidence Code, Lynn Mclain

All Faculty Scholarship

This outline from a talk given by Professor McLain outlines the history of the rules of evidence Maryland has used and provides a quick summary of the then-new Title 5, the Maryland Rules of Evidence.


Are You My Mother? The Scientific And Legal Validity Of Conventional Blood Testing And Dna Fingerprinting To Establish Proof Of Parentage In Immigration Cases, Alan R. Davis Mar 1994

Are You My Mother? The Scientific And Legal Validity Of Conventional Blood Testing And Dna Fingerprinting To Establish Proof Of Parentage In Immigration Cases, Alan R. Davis

BYU Law Review

No abstract provided.


Using Impartial Experts In Valuations: A Forum-Specific Approach, Andrew Macgregor Smith Mar 1994

Using Impartial Experts In Valuations: A Forum-Specific Approach, Andrew Macgregor Smith

William & Mary Law Review

No abstract provided.


Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr. Feb 1994

Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr.

William & Mary Law Review

No abstract provided.


2. Young Children's Understanding Of "Remember" And "Forget.", Thomas D. Lyon, John H. Flavell Jan 1994

2. Young Children's Understanding Of "Remember" And "Forget.", Thomas D. Lyon, John H. Flavell

Thomas D. Lyon

LYON, THOMAS D., and FLAVELL, JOHN H. YOUNG Children's Understanding of "Remember" and "Forget." CHILD DEVELOPMENT, 1994, 65, 1357-1371.3 studies examined young children's understanding that if one "remembers" or "forgot," one must have known at a prior time. In Study 1,4-year-olds but not 3-year-olds understood the prior knowledge component of "forgot"; both groups understood that a character with prior knowledge was "gonna remember." Study 2 controlled for the possibility that good performance on "remember" might be due to a simple association of remembering with knowledge. A significant number of 4-year-olds but not 3-year olds understood that ...


The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland Jan 1994

The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland

American University Law Review

No abstract provided.


One Of These Things Is Not Like The Other: Proving Liability Under The Equal Pay Act And Title Vii Tidwell V. Fort Howard Cop. 989 F.2d 406 (10th Cir. 1993), Amy M. Sneirson Jan 1994

One Of These Things Is Not Like The Other: Proving Liability Under The Equal Pay Act And Title Vii Tidwell V. Fort Howard Cop. 989 F.2d 406 (10th Cir. 1993), Amy M. Sneirson

Washington University Law Review

No abstract provided.


Supreme Court Rules On Statements Against Interest, The , Michael M. Martin Jan 1994

Supreme Court Rules On Statements Against Interest, The , Michael M. Martin

Faculty Scholarship

Reliability has been defined as "worthy of dependence" or "of proven consistency in producing satisfactory results." It is a common concept as well as a quality for which individuals search in their everyday transactions, such as purchasing a car or selecting an express delivery service. It similarly shapes the rules of evidence pertaining to hearsay. Beth common law and modem evidentiary codes ban the admission of extrajudicial statements offered to prove the truth of a matter asserted because they are not made under oath, in the presence of the trier of fact, and subject to cross-examination. Without these safeguards, the ...


The Admissibility Of Prior Acquittal Evidence - Has North Carolina Adopted The "Minority View?" - The Effect Of State V. Scott, Matthew S. Sullivan Jan 1994

The Admissibility Of Prior Acquittal Evidence - Has North Carolina Adopted The "Minority View?" - The Effect Of State V. Scott, Matthew S. Sullivan

Campbell Law Review

This Note will examine the court's decision in State v. Scott. First, the Note will address the facts of the case. Second, it will set out the background on how courts decide whether evidence of this nature should be admitted, mainly focusing on Rules 403 and 404(b) of the North Carolina Rules of Evidence. Next, the Note will analyze how the court arrived at this "bright-line" rule as well as the effect it will have in future cases. Finally, the Note will conclude that even though North Carolina adopted the "minority rule", this approach is proper under the ...


The Meaning Of Daubert And What That Means For Forensic Science, Randolph N. Jonakait Jan 1994

The Meaning Of Daubert And What That Means For Forensic Science, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Indiana Rules Of Evidence, Ivan E. Bodensteiner Jan 1994

Indiana Rules Of Evidence, Ivan E. Bodensteiner

Law Faculty Publications

No abstract provided.


Balancing The Scales: Limiting The Prejudicial Effect Of Evidence Rule 404(B) Through Stipulation, Daniel J. Buzzetta Jan 1994

Balancing The Scales: Limiting The Prejudicial Effect Of Evidence Rule 404(B) Through Stipulation, Daniel J. Buzzetta

Fordham Urban Law Journal

This Note argues that, in a prosecution for a violation of a specific intent criminal statute, the government must accept a defendant’s clear and unambiguous stipulation to possessing the requisite intent for the crime charged. The trial court must ensure that the proffered stipulation is voluntarily given, unambiguous, and comprehensive, so as not to deprive the prosecution from presenting forceful, significant, and probative evidence. Once a defendant offers such an acceptable stipulation, however, the government’s introduction of prior bad acts to prove intent becomes extremely prejudicial, while any probative value the evidence may have is dissipated entirely. Part ...


A Pragmatic Critique Of Modern Evidence Scholarship, Michael L. Seigel Jan 1994

A Pragmatic Critique Of Modern Evidence Scholarship, Michael L. Seigel

UF Law Faculty Publications

This Article contends that strict adherence to optimistic rationalism has blinded evidence scholars to the reality that the law of evidence is as indeterminate as all other areas of the law. At its core is not a single goal -- the attainment of truth -- but a number of important, complex, and, alas, competing considerations. Answers to questions concerning the appropriate configuration of evidence doctrine cannot be deduced from a unitary principle; indeed, they cannot be deduced at all. Rather, arguments about evidence doctrine must be conducted in the realm of "practical reason." Practical reason is the process through which individuals argue ...


The Dangers Of "General Observations" On Expert Scientific Testimony: A Comment On Daubert V. Merrell Dow Pharmaceuticals, Inc., Robert F. Blomquist Jan 1994

The Dangers Of "General Observations" On Expert Scientific Testimony: A Comment On Daubert V. Merrell Dow Pharmaceuticals, Inc., Robert F. Blomquist

Kentucky Law Journal

No abstract provided.


The Title Vii Pretext Question: Resolved In Light Of St. Mary's Honor Center V. Hicks, Robert J. Smith Jan 1994

The Title Vii Pretext Question: Resolved In Light Of St. Mary's Honor Center V. Hicks, Robert J. Smith

Indiana Law Journal

No abstract provided.


Check Your Crystal Ball At The Courthouse Door, Please: Exploring The Past, Understanding The Present, And Worrying About The Future Of Scientific Evidence, David L. Faigman, Elise Porter, Michael J. Saks Jan 1994

Check Your Crystal Ball At The Courthouse Door, Please: Exploring The Past, Understanding The Present, And Worrying About The Future Of Scientific Evidence, David L. Faigman, Elise Porter, Michael J. Saks

Faculty Scholarship

No abstract provided.


"Other Crimes" Evidence In Sex Offense Cases, Roger C. Park, David P. Bryden Jan 1994

"Other Crimes" Evidence In Sex Offense Cases, Roger C. Park, David P. Bryden

Faculty Scholarship

No abstract provided.