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Evidence Commons

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2019

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Articles 1 - 30 of 130

Full-Text Articles in Evidence

Beyond The Witness: Bringing A Process Perspective, Edward K. Cheng, G. Alexander Nunn Oct 2019

Beyond The Witness: Bringing A Process Perspective, Edward K. Cheng, G. Alexander Nunn

Edward Cheng

For centuries, the foundation of the Anglo-American trial has been the witness.' Witnesses report on their personal observations, provide opinions of character, offer scientific explanations, and in the case of parties, narrate their own story. Indeed, even for documentary and other physical evidence, witnesses often provide the conduit through which such evidence reaches the factfinder. Documentary or physical evidence rarely stands on its own. The law of evidence has thus unsurprisingly focused on-or perhaps obsessed over-witnesses. The hearsay rule and the Confrontation Clause demand that declarants be available witnesses at trial so that they may be subject to cross-examination.' Expert ...


Reappraising The Legality Of Post-Trial Interviews, Fredric I. Lederer Oct 2019

Reappraising The Legality Of Post-Trial Interviews, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.


Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer Oct 2019

Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.


Rights Warnings In The Armed Services, Fredric I. Lederer Oct 2019

Rights Warnings In The Armed Services, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.


The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer Oct 2019

The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.


Making Rule 23 Ideal: Using A Multifactor Test To Evaluate The Admissibility Of Evidence At Class Certification, Cianan M. Lesley Oct 2019

Making Rule 23 Ideal: Using A Multifactor Test To Evaluate The Admissibility Of Evidence At Class Certification, Cianan M. Lesley

Michigan Law Review

Circuit courts are split on whether and to what extent the Daubert standard should apply at class certification. Potential plaintiffs believe that application of Daubert would make it nearly impossible to obtain class certification. For potential defendants, the application of the standard is an important way to ensure that the certification process is fair. This Note examines the incentives underlying the push to apply the Daubert standard at class certification and the benefits and drawbacks associated with that proposal. It proposes a solution that balances the concerns of both plaintiffs and defendants by focusing on three factors: the obstacles to ...


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Why Do We Admit Criminal Confessions Into Evidence?, David Crump Sep 2019

Why Do We Admit Criminal Confessions Into Evidence?, David Crump

Seattle University Law Review

There is an enormous literature about the admissibility of criminal confessions. But almost all of it deals with issues related to self-incrimination or, to a lesser extent, with hearsay or accuracy concerns. As a result, the question whether we ever admit criminal confessions into evidence has not been the subject of much analysis. This gap is odd, since confessions are implicitly disfavored by a proportion of the literature and they often collide with exclusionary doctrines. Furthermore, the self-incrimination issue sometimes is resolved by balancing, and it would help if we knew what we were balancing. Therefore, one might ask: Why ...


The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus Sep 2019

The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus

Paul Marcus

No abstract provided.


The Exclusion Of Evidence In The United States, Paul Marcus Sep 2019

The Exclusion Of Evidence In The United States, Paul Marcus

Paul Marcus

No abstract provided.


Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus Sep 2019

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Paul Marcus

No abstract provided.


It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus Sep 2019

It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus

Paul Marcus

No abstract provided.


Defending Miranda, Paul Marcus Sep 2019

Defending Miranda, Paul Marcus

Paul Marcus

No abstract provided.


Co-Conspirator Declarations: The Federal Rules Of Evidence And Other Recent Developments, From A Criminal Law Perspective, Paul Marcus Sep 2019

Co-Conspirator Declarations: The Federal Rules Of Evidence And Other Recent Developments, From A Criminal Law Perspective, Paul Marcus

Paul Marcus

Perhaps the most important advantage available to a prosecutor in a criminal conspiracy case is the exception to the hearsay rule for co-conspirator declarations. The exception is widely used and is often a significant part of the government presentation. In essence, it provides that otherwise inadmissible hearsay declarations of coconspirators are admissible at trial against the defendant so long as they were made during the course and in furtherance of the conspiracy. The exception typically arises when an alleged co-conspirator declarant tells the witness (often an undercover police officer) all about the conspiracy, perhaps in the hope of attracting a ...


What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone Sep 2019

What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone

Linda A. Malone

No abstract provided.


Book Review Of Fact Finding Without Facts: The Uncertain Evidentiary Foundations Of International Criminal Convictions, Linda A. Malone Sep 2019

Book Review Of Fact Finding Without Facts: The Uncertain Evidentiary Foundations Of International Criminal Convictions, Linda A. Malone

Linda A. Malone

No abstract provided.


The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan Sep 2019

The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan

Fredric I. Lederer

Although pretrial litigation often seems to render trial on the merits something of an anti-climax, adversarial adjudication is of course the focus of the criminal justice system, military or civilian. Once trial on the merits has begun, trial and defense counsel naturally utilize the rules of evidence in the fashion most likely to make the most of the evidence available to them. Yet, as all lawyers are aware, the period since the enactment of the Uniform Code of Military Justice has brought sweeping changes not only in military criminal law, but also in the "constitutionalization" of the law of evidence ...


The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer Sep 2019

The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.


Technology Comes To The Courtroom, And . . ., Fredric I. Lederer Sep 2019

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

Fredric I. Lederer

No abstract provided.


Resolving The Frye Dilemma: A Reliability Approach, Fredric I. Lederer Sep 2019

Resolving The Frye Dilemma: A Reliability Approach, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.


Scientific Evidence - An Introduction, Fredric I. Lederer Sep 2019

Scientific Evidence - An Introduction, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.


Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer Sep 2019

Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.


Marijuana Dog Searches After United States V. Unrue, Fredric I. Lederer, Calvin M. Lederer Sep 2019

Marijuana Dog Searches After United States V. Unrue, Fredric I. Lederer, Calvin M. Lederer

Fredric I. Lederer

No abstract provided.


Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer Sep 2019

Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.


Admissibility Of Evidence Found By Marijuana Detection Dogs, Fredric I. Lederer, Calvin M. Lederer Sep 2019

Admissibility Of Evidence Found By Marijuana Detection Dogs, Fredric I. Lederer, Calvin M. Lederer

Fredric I. Lederer

No abstract provided.


Testimonial Deficiencies And Evidentiary Uncertainties In International Criminal Trials, Nancy Amoury Combs Sep 2019

Testimonial Deficiencies And Evidentiary Uncertainties In International Criminal Trials, Nancy Amoury Combs

Nancy Combs

In this article, the author describes the flaws inherent in the process of international criminal tribunals which seek to punish the inhumane actions of dictators. The author first describes how international criminal trials confront severe impediments to accurate factfinding. It continues on to discuss the failure of witnesses in these tribunals to accurately convey the information needed to make a fully- informed decision. This problem is compounded by the fact that what clear information is provided during witness testimony often is inconsistent with the information that the witness previously provided in a pre-trial statement. The author also explores the causes ...


Grave Crimes And Weak Evidence: Fact-Finding Evolution In International Criminal Law, Nancy Amoury Combs Sep 2019

Grave Crimes And Weak Evidence: Fact-Finding Evolution In International Criminal Law, Nancy Amoury Combs

Nancy Combs

International criminal courts carry out some of the most important work that a legal system can conduct: prosecuting those who have visited death and destruction on millions. Despite the significance of their work--or perhaps because of it--international courts face tremendous challenges. Chief among them is accurate fact-finding. With alarming regularity, international criminal trials feature inconsistent, vague, and sometimes false testimony that renders judges unable to assess with any measure of certainty who did what to whom in the context of a mass atrocity. This Article provides the first-ever empirical study quantifying fact-finding in an international criminal court. The study shines ...


Evidence, Nancy Amoury Combs Sep 2019

Evidence, Nancy Amoury Combs

Nancy Combs

No abstract provided.


Ehearsay, Jeffrey Bellin Sep 2019

Ehearsay, Jeffrey Bellin

Jeffrey Bellin

No abstract provided.


The Usefulness Of . . . Evidence, Jeffrey Bellin Sep 2019

The Usefulness Of . . . Evidence, Jeffrey Bellin

Jeffrey Bellin

No abstract provided.