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Articles 91 - 101 of 101
Full-Text Articles in Evidence
Deviance, Due Process, And The False Promise Of Federal Rule Of Evidence 403, Aviva A. Orenstein
Deviance, Due Process, And The False Promise Of Federal Rule Of Evidence 403, Aviva A. Orenstein
Articles by Maurer Faculty
In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413 and 414 (concerning rape and child abuse, respectively) allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity. Courts have rejected due process challenges to the new rules, holding that Federal Rule of Evidence 403 serves as a check on any fairness concerns. However, courts' application of Rule 403 in cases involving these sexual propensity rules is troubling. Relying on the legislative history of the new rules and announcing a presumption of admissibility, courts have forsaken the traditional operation of …
Admitting Mental Health Evidence To Impeach The Credibility Of A Sexual Assault Complainant, Tess Wilkinson-Ryan
Admitting Mental Health Evidence To Impeach The Credibility Of A Sexual Assault Complainant, Tess Wilkinson-Ryan
All Faculty Scholarship
No abstract provided.
Voice Over Internet Protocol And The Wiretap Act: Is Your Conversation Protected?, Daniel B. Garrie, Matthew J. Armstrong, Donald P. Harris
Voice Over Internet Protocol And The Wiretap Act: Is Your Conversation Protected?, Daniel B. Garrie, Matthew J. Armstrong, Donald P. Harris
Seattle University Law Review
10101101: Is this sequence of digits voice or data? To a computer, voice is a sequence of digits and data is a sequence of digits. The law has defined 10101101 to be data, and 10101001 to be voice communications. Courts have constructed a distinction between data, 10101101, and voice, 10101001. However, that distinction is blurred when voice and data are simultaneously transmitted through the same medium. The courts forbid third parties to tap or monitor voice communications, yet permit data packets to be tracked, stored, and sold by third parties with the implied consent of either party engaged in the …
A Brave New World Of Criminal Justice: Neil Gerlach's Genetic Imaginary, Stephen Coughlan
A Brave New World Of Criminal Justice: Neil Gerlach's Genetic Imaginary, Stephen Coughlan
Articles, Book Chapters, & Popular Press
In this well written and intriguing book, Neil Gerlach asks why the criminal justice system has accepted DNA evidence in much the same way that our Anglo-Saxon predecessors accepted trial by ordeal. Why have we not instead shown the same caution we show polygraph evidence? To be sure, he does not present the issue in those terms, and might shudder at the analogy. Still, the central issue he pursues in the book is the question of how DNA evidence has managed to assume its current aura of infallibility, as evidence which is somehow uniquely objective and "true": how it has …
Mitochondrial Dna: Emerging Legal Issues, Edward K. Cheng
Mitochondrial Dna: Emerging Legal Issues, Edward K. Cheng
Vanderbilt Law School Faculty Publications
This article will briefly survey some of the current and emerging legal issues surrounding mtDNA evidence. Parts I and II discuss basic evidentiary questions, including mtDNA's reliability and admissibility under Daubert as well as the potential problem of jury confusion regarding the probative value of mtDNA. Part III considers the broader potential of mtDNA to supplant microscopic hair analysis, a technique often criticized for its subjectivity and high error rate. Finally, Part IV explores the unique privacy concerns raised by the maternal inheritance of mtDNA, specifically in the context of DNA databanks.
Evolving Standards Of Evidentiary Review: Revising The Scope Of Review, William V. Dorsaneo Iii
Evolving Standards Of Evidentiary Review: Revising The Scope Of Review, William V. Dorsaneo Iii
Faculty Journal Articles and Book Chapters
Recently, the Texas Supreme Court has embraced an important recapitulation of the scope of evidentiary review in cases governed by the preponderance of the evidence standard of review. A similar approach has been applied by the court to cases controlled by the clear and convincing evidence standard of review. This article explores and explains these important developments.
Prosecutorial Ethics, R. Michael Cassidy
Prosecutorial Ethics, R. Michael Cassidy
R. Michael Cassidy
This casebook explores the ethical responsibilities of a prosecutor at each stage of the criminal justice process. Focusing on ethical and constitutional constraints on prosecutorial discretion, the texts covers both Supreme Court decisions interpreting Fifth and Sixth Amendment guarantees and state rules of attorney conduct. Topics discussed include a prosecutor’s conduct during criminal investigations, charging decisions, grand jury practice, interviewing and contacting witnesses, plea bargaining, jury selection, trial conduct, and publicity. Each chapter is followed by real-world hypotheticals designed to introduce students to the ethical dilemmas typically encountered by government lawyers in criminal practice. This book is suitable for use …
Forensic Science: Grand Goals, Tragic Flaws, And Judicial Gatekeeping, Jane Campbell Moriarty
Forensic Science: Grand Goals, Tragic Flaws, And Judicial Gatekeeping, Jane Campbell Moriarty
Jane Campbell Moriarty
In the last decade, a number of scientists have published articles and testified in court, explaining the ways in which they believe that some of the forensic sciences do not meet reliability standards and that laboratories make errors. The explosion of exonerations resulting from DNA technology has raised questions about the accuracy of many forensic sciences and the quality of some laboratory testing. A substantial number of these defendants can point to erroneous forensic science as a contributing cause of their wrongful convictions. In the courts, increasingly, the parties have substantial and serious disagreements about the quality of forensic science. …
How The Confrontation Clause Defeated The Rape Shield Statute: Acquaintance Rape, The Consent Defense And The Nj Supreme Court's Ruling In State V. Garron, James B. Johnston
How The Confrontation Clause Defeated The Rape Shield Statute: Acquaintance Rape, The Consent Defense And The Nj Supreme Court's Ruling In State V. Garron, James B. Johnston
James B Johnston
Rape shield statutes are designed to limit a judge's discretion in allowing information about a rape victim's sexual past into evidence at trial. This is done to prevent dual victimization of the rape victim. First during the rape and then at trial. Despite rape shield protections the NJ Supreme Court ruled in State v. Garron that a victim's prior flirtations with the attacker, some of which occurred 6 years before the rape was admissible. The court overturned the attacker's guilty verdict and he went free. Advocates for rape victims rights were outraged. This article provides an analysis and critique of …
Njc Deskbook On Evidence For Administrative Law Judges, Chris Mcneil
Njc Deskbook On Evidence For Administrative Law Judges, Chris Mcneil
Christopher B. McNeil, J.D., Ph.D.
Provides summaries of frequently-encountered evidence rules, with checklists for ALJs and others working in administrative adjudications.
8. Speaking With Children: Advice From Investigative Interviewers., Thomas D. Lyon