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Evidence Commons

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Admissibility of evidence

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Full-Text Articles in Evidence

Hearsay And The Confrontation Clause, Lynn Mclain Oct 2016

Hearsay And The Confrontation Clause, Lynn Mclain

All Faculty Scholarship

This speech was delivered to the Wicomico Co. Bar Association on October 28th, 2016. It is an updated version of the 2012 speech, available at http://scholarworks.law.ubalt.edu/all_fac/924/ .

Overview: Only an out-of-court statement ("OCS") offered for the truth of the matter that was being asserted by the out-of-court declarant ("declarant") at the time when s/he made the OCS ("TOMA") = hearsay ("HS"). If evidence is not HS, the HS rule cannot exclude it. The Confrontation Clause also applies only to HS, but even then, only to its subcategory comprising "testimonial hearsay." Cross-references to "MD-EV" are to ...


I See Dead People: Examining The Admissibility Of Living-Victim Photographs In Murder Trials, Susanna Rychlak Oct 2016

I See Dead People: Examining The Admissibility Of Living-Victim Photographs In Murder Trials, Susanna Rychlak

Vanderbilt Law Review

In the summer of 2015, the Tennessee legislature debated and passed the "Victim Life Photo Act," which went into effect on July 1, 2015. This law states: "In a prosecution for any criminal homicide, an appropriate photograph of the victim while alive shall be admissible evidence when offered by the district attorney general to show the general appearance and condition of the victim while alive." Victims' rights groups lobbied for this and similar laws throughout the country, which were then enacted by state legislatures. Though these laws amended rules of evidence, the considerations under which they were passed were largely ...


Weatherford V. Bursey: "Surreptitious Invasion… Into The Legal Camp Of The Defense", Paul H. Voss May 2013

Weatherford V. Bursey: "Surreptitious Invasion… Into The Legal Camp Of The Defense", Paul H. Voss

Pepperdine Law Review

No abstract provided.


Limiting The Use Of Prior Felony Convictions To Impeach A Defendant - Witness In California Criminal Proceedings, Richard E. Boehm May 2013

Limiting The Use Of Prior Felony Convictions To Impeach A Defendant - Witness In California Criminal Proceedings, Richard E. Boehm

Pepperdine Law Review

No abstract provided.


Punitive Damages: An Exception To The Right Of Privacy? Coy V. Superior Court, Richard S. Fields May 2013

Punitive Damages: An Exception To The Right Of Privacy? Coy V. Superior Court, Richard S. Fields

Pepperdine Law Review

No abstract provided.


Drug Use And The Exclusionary Manque, Jerome A. Busch Feb 2013

Drug Use And The Exclusionary Manque, Jerome A. Busch

Pepperdine Law Review

No abstract provided.


Through The Lens Of Federal Evidence Rule 403: An Examination Of Eyewitness Identification Expert Testimony Admissibility In The Federal Circuit Courts, Lauren Tallent Mar 2011

Through The Lens Of Federal Evidence Rule 403: An Examination Of Eyewitness Identification Expert Testimony Admissibility In The Federal Circuit Courts, Lauren Tallent

Washington and Lee Law Review

No abstract provided.


Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible?, Michael P. Scharf Jan 2008

Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible?, Michael P. Scharf

Washington and Lee Law Review

This Article examines whether there should be exceptions to the international exclusionary rule for evidence obtained by torture, and if so, how those exceptions should be crafted to avoid abuse. Rather than explore the question in the hotly debated milieu of terrorist prosecutions, this Article analyzes and critiques three possible exceptions to the torture evidence exclusionary rule in the context of whether the newly established U.N. Cambodia Genocide Tribunal should admit evidence of the Khmer Rouge command structure that came from interrogation sessions at the infamous Tuol Sleng torture facility: (1) that the exclusionary rule should not apply to ...


Iola And Daubert, Leon D. Lazer Jan 1999

Iola And Daubert, Leon D. Lazer

Touro Law Review

No abstract provided.


Seeing Is Believing: A Practitioner's Guide To The Admissibility Of Demonstrative Computer Evidence, 1998 John M. Manos Writing Competition On Evidence , Karen D. Butera Jan 1998

Seeing Is Believing: A Practitioner's Guide To The Admissibility Of Demonstrative Computer Evidence, 1998 John M. Manos Writing Competition On Evidence , Karen D. Butera

Cleveland State Law Review

As computer equipment itself becomes more financially accessible, more experts are using computer simulations as demonstrative evidence during their trial testimony. However, this use of computer simulations presents several novel, complex issues. Part II will explore the backgrounds of demonstrative evidence, computerization, and the use of computer simulation for demonstrative evidence. Part III will discuss and analyze several relevant issues, including attorney training, expert knowledge, judicial confusion, additional evidentiary issues, and the possible prejudicial influence of demonstrative computer simulations. This discussion concludes with some general thoughts regarding the use of demonstrative computer simulation to illustrate expert testimony.


Rape Shield Statutes And The Admissibility Of Evidence Tending To Show A Motive To Fabricate 1998 John M. Manos Writing Competition On Evidence, Regan Kreitzer Latesta Clerk For United States Bankruptcy Court For The District Of Maryland Jan 1998

Rape Shield Statutes And The Admissibility Of Evidence Tending To Show A Motive To Fabricate 1998 John M. Manos Writing Competition On Evidence, Regan Kreitzer Latesta Clerk For United States Bankruptcy Court For The District Of Maryland

Cleveland State Law Review

Rape shield statutes were enacted in order to protect the rape victim from embarrassment and humiliation at the trial of the accused by restricting the admission of sexual conduct evidence. While these statutes, for the most part, succeed in protecting the victim and encouraging her to report the rape, they can have the effect of limiting the accused's ability to defend himself. Part II of this article discusses the advent of rape shield statutes in the United States. Part III examines case law construing the statutes with regard to prior sexual conduct as evidence of a motive to fabricate ...


The Death Of Discretion: Prior Felony Convictions Automatically Admissible In Civil Actions - Green V. Bock Laundry Machine Co., Kimberly S. Smith Apr 1990

The Death Of Discretion: Prior Felony Convictions Automatically Admissible In Civil Actions - Green V. Bock Laundry Machine Co., Kimberly S. Smith

Campbell Law Review

This Note has four objectives. First, the Note examines the facts presented to the Green Court. Second, the Note surveys Rule 609's history and the divergent pre-Green views regarding Rule 609's application in the civil arena. Third, the Note examines Green's analysis and the Supreme Court's conclusion that Rule 609 forecloses any judicial discretion in admitting or excluding prior convictions evidence. And, finally, the Note concludes that North Carolina's Rule 609 should also be interpreted as requiring trial judges to admit prior convictions evidence regardless of unfair prejudice.


A Question Of Necessity: The Conflict Between A Defendant's Right Of Confrontation And A State's Use Of Closed Circuit Television In Child Sexual Abuse Cases Sep 1989

A Question Of Necessity: The Conflict Between A Defendant's Right Of Confrontation And A State's Use Of Closed Circuit Television In Child Sexual Abuse Cases

Washington and Lee Law Review

No abstract provided.


Campbell V. Greer: Impeaching Witnesses With Prior Conviction Evidence In A Civil Trial Jan 1989

Campbell V. Greer: Impeaching Witnesses With Prior Conviction Evidence In A Civil Trial

Washington and Lee Law Review

No abstract provided.


The Admissibility Of Tape Recorded Evidence Produced By Private Individuals Under Title Iii Of The Omnibus Crime Control Act Of 1968 Jan 1988

The Admissibility Of Tape Recorded Evidence Produced By Private Individuals Under Title Iii Of The Omnibus Crime Control Act Of 1968

Washington and Lee Law Review

No abstract provided.


Evidence - North Carolina Allows Admission Of The Unthinkable: Hearsay Exceptions And Statements Made By Sexually Abused Children - State V. Smith, Benita A. Lloyd Jan 1987

Evidence - North Carolina Allows Admission Of The Unthinkable: Hearsay Exceptions And Statements Made By Sexually Abused Children - State V. Smith, Benita A. Lloyd

Campbell Law Review

This Note will discuss how the court's decision to expand the traditional hearsay exceptions under Rule 803 ranks in effectiveness with other methods which allow into evidence hearsay statements of a child victim. While Smith does not provide admission of all critical hearsay statements made by sexually abused children, the decision goes a long way in allowing North Carolina courts to admit the unthinkable.


Admissibility Of Prior-Action Depositions And Formertestimony Under Fed. R. Civ. P. 32(A)(4) Andfed. R. Evid. 804(B)(1): Courts Differinginterpretations, J. Randall Coffey Jan 1984

Admissibility Of Prior-Action Depositions And Formertestimony Under Fed. R. Civ. P. 32(A)(4) Andfed. R. Evid. 804(B)(1): Courts Differinginterpretations, J. Randall Coffey

Washington and Lee Law Review

No abstract provided.


Safeguards Against Suggestiveness: A Means For Admissibility Of Hypno-Induced Testimony Jan 1981

Safeguards Against Suggestiveness: A Means For Admissibility Of Hypno-Induced Testimony

Washington and Lee Law Review

No abstract provided.


Income Taxation And The Calculation Of Tort Damage Awards: The Ramifications Of Norfolk & Western Railway V. Liepelt Jan 1981

Income Taxation And The Calculation Of Tort Damage Awards: The Ramifications Of Norfolk & Western Railway V. Liepelt

Washington and Lee Law Review

No abstract provided.


Inculpatory Declarations Against Penal Interest And The Coconspirator Rule Under The Federal Rules Of Evidence, Diane M. Frye Oct 1980

Inculpatory Declarations Against Penal Interest And The Coconspirator Rule Under The Federal Rules Of Evidence, Diane M. Frye

Indiana Law Journal

No abstract provided.


Admission Of Polygraph Results: A Due Process Perspective, Thomas K. Downs Oct 1979

Admission Of Polygraph Results: A Due Process Perspective, Thomas K. Downs

Indiana Law Journal

No abstract provided.


Admissibility Of Evidence Under Indiana's "Common Scheme Or Plan" Exception, Thomas Quigley Jul 1978

Admissibility Of Evidence Under Indiana's "Common Scheme Or Plan" Exception, Thomas Quigley

Indiana Law Journal

No abstract provided.


Prior Consistent Statements, Arthur H. Travers, Jr. Jan 1978

Prior Consistent Statements, Arthur H. Travers, Jr.

Articles

No abstract provided.


Declaration Against Penal Interest Recognized As Exception To Hearsay Rule, People V. Edwards, 242 N.W.2d 739 (1976) Jan 1977

Declaration Against Penal Interest Recognized As Exception To Hearsay Rule, People V. Edwards, 242 N.W.2d 739 (1976)

Washington University Law Review

No abstract provided.


Appropriate Foundation Requirements For Admitting Computer Printouts Into Evidence Jan 1977

Appropriate Foundation Requirements For Admitting Computer Printouts Into Evidence

Washington University Law Review

No abstract provided.


Discovery, Evidence, Confidentiality, And Security Problems Associated With The Use Of Computer-Based Litigation Support Systems, Haley J. Fromholz Jan 1977

Discovery, Evidence, Confidentiality, And Security Problems Associated With The Use Of Computer-Based Litigation Support Systems, Haley J. Fromholz

Washington University Law Review

This Article focuses on the problems of admissibility of computerized records in general, and the specific admissibility, confidentiality, and security problems which relate to computerized litigation support systems. Haley J. Fromholz discusses the modifications in the Federal Rules of Evidence and Civil Procedure that provide courts with sufficient discretion to adapt to problems presented by computerization. After reviewing the reported cases, he notes approvingly that courts generally recognize that the presence of computers does not alter the basic rules of evidence, discovery, or confidentiality. He urges lawyers to inform themselves about computers to enable them to recognize when computers can ...


Judicial Integrity Rationale For The Exclusionary Rule Rejected, United States V. Janis, 428 U.S. 433 (1976) Jan 1977

Judicial Integrity Rationale For The Exclusionary Rule Rejected, United States V. Janis, 428 U.S. 433 (1976)

Washington University Law Review

No abstract provided.


An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers, Jr. Jan 1977

An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers, Jr.

Articles

The scope of the general definition of "relevant evidence" in the Federal Rules of Evidence is ambiguous. It is unclear whether Congress, for instance, intended that certain issues be considered legislatively determined or that those issues rest within the discretion of the courts. There is also some uncertainty over the definition's applicability to several types of evidence--particularly undisputed facts such as those that provide background information or are judicially admitted.


The Fourth Amendment And Foreign Searches: A Standard For The Admission Of Evidence Jan 1977

The Fourth Amendment And Foreign Searches: A Standard For The Admission Of Evidence

Washington and Lee Law Review

No abstract provided.


Admissibility Of Expert Economic Testimony On Future Inflationary Trends, Johnson V. Serra, 521 F.2d 1289 (8th Cir. 1975) Jan 1976

Admissibility Of Expert Economic Testimony On Future Inflationary Trends, Johnson V. Serra, 521 F.2d 1289 (8th Cir. 1975)

Washington University Law Review

No abstract provided.