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Evidence Commons

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1995

Criminal Law

Institution
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Articles 1 - 16 of 16

Full-Text Articles in Evidence

New Federal Rules In Sex Offense Cases, Lynn Mclain Dec 1995

New Federal Rules In Sex Offense Cases, Lynn Mclain

All Faculty Scholarship

This article from the November/December 1995 issue of the Maryland Bar Journal details the changes made to the Federal Rules of Evidence following the enactment of the 1994 Comprehensive Crime Bill. Questions raised by the new rules and the response of the Judicial Conference are also discussed.


Dna Profiling In North Carolina, James Morgan Oct 1995

Dna Profiling In North Carolina, James Morgan

North Carolina Central Law Review

No abstract provided.


No Magic Formula: A New Approach For Calculating The Ten Year Time Period For Admission Of Prior Conviction Evidence, Amy E. Sloan Jul 1995

No Magic Formula: A New Approach For Calculating The Ten Year Time Period For Admission Of Prior Conviction Evidence, Amy E. Sloan

All Faculty Scholarship

Federal Rule of Evidence (FRE) 609 governs admission of prior conviction evidence. Under this rule, it is easier to admit evidence of a prior conviction that is less than ten years old than to admit evidence of older convictions. The ten year period is measured from the later of either the date of conviction or the date of release from confinement.

Calculating the ten year period is fairly straightforward in most cases but becomes confusing when the witness has been confined for violating the terms of probation, parole, or some other period of conditional release. Does the confinement for violation ...


3. False Allegations And False Denials In Child Sexual Abuse., Thomas D. Lyon Jan 1995

3. False Allegations And False Denials In Child Sexual Abuse., Thomas D. Lyon

Thomas D. Lyon

The amicus brief in the Kelly Michaels case ignores the risks that abused children will fail to reveal abuse unless direct and sometimes leading questions are asked. Although the brief correctly criticizes previous research for understating the risks that aggressive interviewing practices will lead young children to make false allegations of abuse, it overstates the likelihood that false allegations occur by overlooking the aspects of the Kelly Michaels case and the research it inspired that are unlike the typical abuse case.  The author discusses factors that lead abused children to falsely deny abuse and that minimize the likelihood that nonabused ...


The Plain Feel Doctrine In Washington: An Opportunity To Provide Greater Protections Of Privacy To Citizens Of This State, Laura T. Bradley Jan 1995

The Plain Feel Doctrine In Washington: An Opportunity To Provide Greater Protections Of Privacy To Citizens Of This State, Laura T. Bradley

Seattle University Law Review

This Comment argues that Washington should return to an independent analysis of search and seizure doctrine under article I, section 7 of the state constitution and reject the admission of contraband seized during the course of a pat-down frisk. The decisions in Hudson and Dickerson have established an unnecessary and unworkable standard, and involve an increased invasion of personal privacy without the counter-balancing need to protect the safety of others. The plain feel doctrine as announced in Dickerson and Hudson developed from two well-established concepts in search and seizure law-the Terry frisk of persons to discover weapons and the plain ...


Black Rage: The Illegitimacy Of A Criminal Defense, 29 J. Marshall L. Rev. 205 (1995), Kimberly M. Copp Jan 1995

Black Rage: The Illegitimacy Of A Criminal Defense, 29 J. Marshall L. Rev. 205 (1995), Kimberly M. Copp

The John Marshall Law Review

No abstract provided.


Consent, Credibility And The Constitution: Evidence Relating To A Sex Offense Complainant’S Prior Sexual Behavior, Clifford S. Fishman Jan 1995

Consent, Credibility And The Constitution: Evidence Relating To A Sex Offense Complainant’S Prior Sexual Behavior, Clifford S. Fishman

Scholarly Articles and Other Contributions

This article analyzes the theories cited by defendants, and occasionally prosecutors, to admit evidence of a rape complainant's prior sexual conduct. On the whole, courts have adequately balanced the conflicting interests presented by such evidence with concern for justice and equity. Substantial clarification, however, is required as to whether a judge is authorized, in deciding upon admissibility, to assess the credibility of the complainant, defendant, and other witnesses.


The Definition Of Hearsay: To Each Its Own, Roger C. Park Jan 1995

The Definition Of Hearsay: To Each Its Own, Roger C. Park

Faculty Scholarship

No abstract provided.


The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park Jan 1995

The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park

Faculty Scholarship

No abstract provided.


Probability And Proof In State V. Skipper: An Internet Exchange, Roger C. Park, Ronald J. Allen Jan 1995

Probability And Proof In State V. Skipper: An Internet Exchange, Roger C. Park, Ronald J. Allen

Faculty Scholarship

No abstract provided.


Prosecutorial Misconduct In Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman Jan 1995

Prosecutorial Misconduct In Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman

Pace Law Faculty Publications

Rules of evidence are designed to bring about just and informed decisions. One of these rules, the hearsay rule, is designed to ensure that juries receive reliable evidence, and that out-of-court statements ordinarily are inadmissible. Prosecutors are well aware of these evidentiary restrictions, but occasionally seek to circumvent them. The author describes methods used by some prosecutors to manipulate the hearsay rule and thereby distort the truth-finding process of the trial.


Self-Defense In Colorado, H. Patrick Furman Jan 1995

Self-Defense In Colorado, H. Patrick Furman

Articles

No abstract provided.


Intellectual Coherence In An Evidence Code, Paul F. Rothstein Jan 1995

Intellectual Coherence In An Evidence Code, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The Federal Rules of Evidence (Federal Rules or Rules) were created in large part to promote uniformity and predictability in federal trials by providing a relatively instructive guide for judges and lawyers concerning the admissibility of evidence. As with any codification, success in this respect requires, among other things, that there be a considerable degree of intellectual coherence among the code's various provisions. The Federal Rules fall short of intellectual coherence in a number of areas. They contain contradictory and inconsistent mandates that do not make theoretical sense and therefore accord the trial judge almost unlimited discretion in these ...


The Establishment Of A Rule Against Hearsay In Romano-Canonical Procedure, Frank R. Herrmann Jan 1995

The Establishment Of A Rule Against Hearsay In Romano-Canonical Procedure, Frank R. Herrmann

Boston College Law School Faculty Papers

No abstract provided.


The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil Jan 1995

The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil

LLM Theses and Essays

Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police ...


The Establishment Of A Rule Against Hearsay In Romano-Canonical Procedure, Frank R. Herrmann Dec 1994

The Establishment Of A Rule Against Hearsay In Romano-Canonical Procedure, Frank R. Herrmann

Frank R. Herrmann, S.J.

No abstract provided.