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Articles 1 - 6 of 6
Full-Text Articles in Evidence
Spreigl Evidence: Still Searching For A Principled Rule, Ted Sampsell-Jones
Spreigl Evidence: Still Searching For A Principled Rule, Ted Sampsell-Jones
Faculty Scholarship
This article first examines how Minnesota’s character evidence doctrine developed, with a particular focus on the historical confusion regarding the propriety of the propensity inference. It then examines current case law and argues that Minnesota’s current Spreigl doctrine routinely allows propensity evidence. It finally proposes a choice between abandoning the current Spreigl doctrine and repealing the character rule itself. The author takes no position on which alternative should be chosen, but either is better than the status quo. The current doctrine in Minnesota is a Potemkin village.
On Race Theory And Norms, Christian Sundquist
On Race Theory And Norms, Christian Sundquist
Articles
This article has been adapted from an address given at the Albany Law Review Symposium in Spring 2009. This article discusses the judicial acceptance of DNA random match estimates, which uses DNA analysis to estimate the likelihood that a criminal defendant is the source of genetic material that is found at a crime scene. Relying on race, these tests demonstrate how such a re-inscription of race as a biological entity threatens the modern conception of race as a social construction, and how those estimates should be rejected as inadmissible on a doctrinal level under the Federal Rules of Evidence.
The Expanding Use Of The Res Gestae Doctrine, H. Patrick Furman, Ann England
The Expanding Use Of The Res Gestae Doctrine, H. Patrick Furman, Ann England
Publications
This article provides a brief history of the doctrine of res gestae and an analysis of its current usage in both Colorado state and federal courts.
The Politics Of Law And Film Study: An Introduction To The Symposium On Legal Outsiders In American Film, Jessica Silbey
The Politics Of Law And Film Study: An Introduction To The Symposium On Legal Outsiders In American Film, Jessica Silbey
Faculty Scholarship
The articles collected in this Symposium Issue on Legal Outsiders in American Film are examples of a turn in legal scholarship toward the analysis of culture. The cultural turn in law takes as a premise that law and culture are inextricably intertwined. Common to the project of law and culture is how legal and cultural discourse challenge or sustain communities, identities and relations of power. In this vein, each of the articles in this Symposium Issue look closely at a film or a set of films as cultural objects which, when engaged critically, help us think about law as an …
A Witness To Justice, Jessica Silbey
A Witness To Justice, Jessica Silbey
Faculty Scholarship
In the 1988 film The Accused, a young woman named Sarah Tobias is gang raped on a pinball machine by three men while a crowded bar watches. The rapists cut a deal with the prosecutor. Sarah's outrage at the deal convinces the assistant district attorney to prosecute members of the crowd that cheered on and encouraged the rape. This film shows how Sarah Tobias, a woman with little means and less experience, intuits that according to the law rape victims are incredible witnesses to their own victimization. The film goes on to critique what the right kind of witness would …
A Comparative Examination Of The Purpose Of The Criminal Justice System, James Diehm
A Comparative Examination Of The Purpose Of The Criminal Justice System, James Diehm
James W. Diehm
A recent Gallup poll found that only 20% of Americans have a substantial amount of confidence in our criminal justice system, a 14% decline from only four years ago. Since the legitimacy of our criminal justice system depends upon the public’s confidence in that system, this is matter of great concern. As a result of my acquaintance with both our system and the inquisitorial system used in Europe and elsewhere, I am aware of the specific areas that lead the American public to distrust our process and the way in which those areas are dealt with in the inquisitorial system. …