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

Evidence Commons

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

1996

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 58

Full-Text Articles in Evidence

Perjury: An Anthology, Richard H. Underwood Oct 1996

Perjury: An Anthology, Richard H. Underwood

Law Faculty Scholarly Articles

Professor Underwood takes an in-depth look at the occurrence of perjury from ancient Rome to the O.J. Simpson trial. This journey through time provides insight into the motives of perjurers, the difficulties involved in catching them; and the alarming frequency with which they succeed, unchastised.


Preventing The Discovery Of Plaintiff Genetic Profiles By Defendants Seeking To Limit Damages In Personal Injury Litigation, Mark A. Rothstein Oct 1996

Preventing The Discovery Of Plaintiff Genetic Profiles By Defendants Seeking To Limit Damages In Personal Injury Litigation, Mark A. Rothstein

Indiana Law Journal

No abstract provided.


Novel Scientific Evidence After Reese V. Stroh: The Washington Supreme Court's Love Affair With Frye, Robert D. Leinbach Oct 1996

Novel Scientific Evidence After Reese V. Stroh: The Washington Supreme Court's Love Affair With Frye, Robert D. Leinbach

Washington Law Review

In Reese v. Stroh, the Washington Supreme Court upheld the use of the Frye test as a threshold inquiry in civil cases involving novel scientific evidence. By affirming the decision of the court of appeals, but not its reasoning, the Washington Supreme Court side-stepped the court of appeals's argument for adoption of the Daubert standard in civil cases analyzing ER 702. This Note examines the decision in Reese v. Stroh and concludes that the Washington Supreme Court failed to determine clearly the proper analysis of ER 702 in cases involving novel scientific evidence. It further agrees with Justice Johnson ...


Should "Clean Hands" Protect The Government Against § 2515 Suppression Under Title Iii Of The Omnibus Crime Control And Safe Streets Act Of 1968?, Francis Marion Hamilton, Iii Sep 1996

Should "Clean Hands" Protect The Government Against § 2515 Suppression Under Title Iii Of The Omnibus Crime Control And Safe Streets Act Of 1968?, Francis Marion Hamilton, Iii

Washington and Lee Law Review

No abstract provided.


3. The Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler Aug 1996

3. The Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler

Thomas D. Lyon

It is hard to overstate the importance of expert testimony in American courtrooms. Much of this testimony concerns scientific matters that are beyond the ken of ordinary experience.  In cases where scientific matters play a central role, jurors may give substantial weight to expert testimony or even treat it as dispositive.  Standards pertaining to the admissibility of scientific testimony are critical to the outcome in many trials.


1. The Law And Psychology Of The Child Witness. (Review Of The Book Child Witnesses: Fragile Voices In The American Legal System, By L. S. Mcgough. ), Thomas D. Lyon Jul 1996

1. The Law And Psychology Of The Child Witness. (Review Of The Book Child Witnesses: Fragile Voices In The American Legal System, By L. S. Mcgough. ), Thomas D. Lyon

Thomas D. Lyon

McGough's goal is to summarize the developmental psychological research relevant to children's capacities as witnesses and to make recommendations for how the courts should receive children's testimony. In her review, she concludes that children under the age of 12 are deficient: They encode less detail, they fantasize more, they confuse fantasy with reality, they incorporate script based knowledge into their memory, and they are suggestible, both because they acquiesce to authority and because their memory is susceptible to external influence.


3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon Jul 1996

3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon

Thomas D. Lyon

Do abused children refuse to disclose their abuse because they have been threatened by their perpetrators? In Jeopardy in the Courtroom: A Scientific Analysis of Children's Testimony, a book that many believe may have a substantial impact on child witness law and practice, Professors Stephen Ceci and Maggie Bruck argue that there is little empirical basis for this "professional `lore"' (Ceci & Bruck, 1995, pp. 300-301).


Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait Jul 1996

Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait

Indiana Law Journal

No abstract provided.


"Lies, Damned Lies, And Statistics"? Psychological Syndrome Evidence In The Courtroom After Daubert, Krista L. Duncan Jul 1996

"Lies, Damned Lies, And Statistics"? Psychological Syndrome Evidence In The Courtroom After Daubert, Krista L. Duncan

Indiana Law Journal

No abstract provided.


Washington's Expansion Of The "Plan" Exception After State V. Lough, Jeannie Mayre Mar Jul 1996

Washington's Expansion Of The "Plan" Exception After State V. Lough, Jeannie Mayre Mar

Washington Law Review

In State v. Lough, the Washington Supreme Court ignored strong case law limiting the admission of an accused's prior misconduct under the plan exception to evidence rule 404(b) and upheld the admission of unproved wrongs against the accused. The plan exception to Washington Rule of Evidence 404(b) prohibits using misconduct evidence to show propensity, but admits such evidence if used to establish a defendant's overall design or plan to commit the charged offense. This Note analyzes the Washington Supreme Court decision to uphold admission of a defendant's uncharged misconduct under the plan exception. Moreover, this ...


Lex, Lies & Videotape, Greg Jones Jul 1996

Lex, Lies & Videotape, Greg Jones

University of Arkansas at Little Rock Law Review

No abstract provided.


The Proposed Amendment To Federal Rule Of Evidence 407: A Subsequent Remedial Measure That Does Not Fix The Problem , Thais L. Richardson Jun 1996

The Proposed Amendment To Federal Rule Of Evidence 407: A Subsequent Remedial Measure That Does Not Fix The Problem , Thais L. Richardson

American University Law Review

No abstract provided.


Accomplices' Confessions And The Confrontation Clause, Welsh S. White May 1996

Accomplices' Confessions And The Confrontation Clause, Welsh S. White

William & Mary Bill of Rights Journal

The admissibility of an accomplice's confession against a criminal defendant has long been a subject of concern in Anglo-American law. The Supreme Court has held that accomplices' confessions to the police are presumptively unreliable under the Confrontation Clause, without clearly expressing what facts would lend to the reliability of such statements. However, Professor White argues that in Williamson v. United States, the Court adopted an empirical framework that will make such confessions more likely to be admissible against an accused.

In this Article, Professor White first explores the traditional skepticism towards accomplices' confessions and explains the nature of the ...


The Paradox Of The Fresh Complaint Rule, Kathryn M. Stanchi May 1996

The Paradox Of The Fresh Complaint Rule, Kathryn M. Stanchi

Boston College Law Review

No abstract provided.


Recovered Memories Of Childhood Abuse: Should Long-Buried Memories Be Admissible Testimony?, Emily E. Smith-Lee May 1996

Recovered Memories Of Childhood Abuse: Should Long-Buried Memories Be Admissible Testimony?, Emily E. Smith-Lee

Boston College Law Review

No abstract provided.


2. Assessing Children's Competence To Take The Oath: Research And Recommendations., Thomas D. Lyon Apr 1996

2. Assessing Children's Competence To Take The Oath: Research And Recommendations., Thomas D. Lyon

Thomas D. Lyon

With all of the attention paid to children's performances as witnesses once on the stand, their ability to qualify to take the stand has been relatively neglected. Most courts require that in order to testify, a witness must first take the oath. In its most simple form, an oath is a promise to tell the truth. Taking the oath presupposes that one understands what it means to tell the truth, and that one appreciates one’s obligation to tell the truth when promising to do so. If a young child does not understand the difference between the truth and ...


The Repressed Memory Phenomenon: Are Recovered Memories Scientifically Valid Evidence Under Daubert, Cynthia V. Mcalister Apr 1996

The Repressed Memory Phenomenon: Are Recovered Memories Scientifically Valid Evidence Under Daubert, Cynthia V. Mcalister

North Carolina Central Law Review

No abstract provided.


A Bludgeon By Any Other Name: The Misuse Of Ethical Rules Against Prosecutors To Control The Law Of The State, Frank O. Bowman Iii Apr 1996

A Bludgeon By Any Other Name: The Misuse Of Ethical Rules Against Prosecutors To Control The Law Of The State, Frank O. Bowman Iii

Faculty Publications

My objective here is threefold: (1) to explain these ethical rules and demonstrate how each is in conflict with longstanding principles of federal criminal law; (2) to explain why these rules are illegitimate, both as rules of ethics and as rules of positive law; and (3) to offer some observations on how the dispute over these rules can sharpen our thinking about the nature and proper limits of ethical rules governing lawyers.


The Use And Effectiveness Of Various Learning Materials In An Evidence Class, Stephen J. Shapiro Mar 1996

The Use And Effectiveness Of Various Learning Materials In An Evidence Class, Stephen J. Shapiro

All Faculty Scholarship

Like many law teachers, I take reasonable care in selecting the outside materials I require my students to use (or recommend to them) in preparing for class and studying for the exam. I base my choice on my own notions of what would be most helpful to them in learning the material, preparing for class, succeeding on the exam, and preparing to be lawyers. I carefully weigh such matters as length of assignment, interest to the students, and active versus passive learning.

My assessment, however, is based almost entirely on my own notions of what the students will find most ...


Instructing Illinois Juries On The Definition Of “Reasonable Doubt”: The Need For Reform, 27 Loy. U. Chi. L.J. 921 (1996), Timothy P. O'Neill Jan 1996

Instructing Illinois Juries On The Definition Of “Reasonable Doubt”: The Need For Reform, 27 Loy. U. Chi. L.J. 921 (1996), Timothy P. O'Neill

Faculty Scholarship

No abstract provided.


Book Review Of Courtoom Handbook On Federal Evidence, James S. Heller Jan 1996

Book Review Of Courtoom Handbook On Federal Evidence, James S. Heller

Library Staff Publications

No abstract provided.


Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait Jan 1996

Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Self Incrimination And Cryptographic Keys, Gregory S. Sergienko Jan 1996

Self Incrimination And Cryptographic Keys, Gregory S. Sergienko

Faculty Scholarship

Modern cryptography can make it virtually impossible to decipher documents without the cryptographic key thus making the availability of the contents of those documents depend on the availability of the key. This article examines the Fourth and Fifth Amendments' protection against the compulsory production of the key and the scope of the Fifth Amendment immunity against compelled production. After analyzing these questions using prevailing Fourth and Fifth Amendment jurisprudence, I shall describe the advantages of a privacy-based approach in practical and constitutional terms. [excerpt]


Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller Jan 1996

Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller

Articles

No abstract provided.


Currency Contamination And Drug-Sniffing Canines: Should Any Evidentiary Value Be Attached To A Dog's Alert On Cash?, Andy G. Rickman Jan 1996

Currency Contamination And Drug-Sniffing Canines: Should Any Evidentiary Value Be Attached To A Dog's Alert On Cash?, Andy G. Rickman

Kentucky Law Journal

No abstract provided.


Daubert And The Quest For Value-Free "Scientific Knowledge" In The Courtroom, Alexander Morgan Capron Jan 1996

Daubert And The Quest For Value-Free "Scientific Knowledge" In The Courtroom, Alexander Morgan Capron

University of Richmond Law Review

In a world that grows more technologically complex every day and in which scientific research continually expands both our understanding of, and our questions about, the operation of the natural and man-made world, it is hardly surprising that science should show up with increasing frequency in our court-rooms. Science itself is sometimes at issue, for example, in proceedings on allegations of scientific misconduct or in disputes over the ownership or patentability of technologies. But more frequently, science enters in aid of resolving a case in which a complex question of causation is at issue. To establish or rebut causation, each ...


Making The Law Safe For Science: A Proposed Rule For The Admission Of Expert Testimony, David L. Faigman Jan 1996

Making The Law Safe For Science: A Proposed Rule For The Admission Of Expert Testimony, David L. Faigman

Faculty Scholarship

No abstract provided.


The Syndromic Lawyer Syndrome: A Psychological Theory Of Evidentiary Munificence, David L. Faigman Jan 1996

The Syndromic Lawyer Syndrome: A Psychological Theory Of Evidentiary Munificence, David L. Faigman

Faculty Scholarship

No abstract provided.


Misconceptions And Reevaluation–Polygraph Admissibility After Rock And Daubert, James R. Mccall Jan 1996

Misconceptions And Reevaluation–Polygraph Admissibility After Rock And Daubert, James R. Mccall

Faculty Scholarship

No abstract provided.


Character Evidence Issues In The O.J. Simpson Case–Or, Rationales Of The Character Evidence Ban, With Illustrations From The Simpson Case, Roger C. Park Jan 1996

Character Evidence Issues In The O.J. Simpson Case–Or, Rationales Of The Character Evidence Ban, With Illustrations From The Simpson Case, Roger C. Park

Faculty Scholarship

No abstract provided.