Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Procedure (5)
- Criminal Law (2)
- Behavior and Behavior Mechanisms (1)
- Bioethics and Medical Ethics (1)
- Criminology and Criminal Justice (1)
-
- Law Enforcement and Corrections (1)
- Law and Psychology (1)
- Law and Society (1)
- Legal Studies (1)
- Medical Jurisprudence (1)
- Medical Sciences (1)
- Medicine and Health Sciences (1)
- Neurosciences (1)
- Privacy Law (1)
- Psychiatry and Psychology (1)
- Public Law and Legal Theory (1)
- Social and Behavioral Sciences (1)
- Institution
- Publication
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Evidence
Barber V. State, 131 Nev. Adv, Op. 103 (December 31, 2015), Ronni N. Boscovich
Barber V. State, 131 Nev. Adv, Op. 103 (December 31, 2015), Ronni N. Boscovich
Nevada Supreme Court Summaries
The Court considered an appeal from a district court conviction. The Court reversed the Eighth Judicial District Court’s judgment of conviction, pursuant to a jury verdict of burglary and grand larceny. The juvenile court retains jurisdiction over Barber because the legislation did not include language regarding jurisdiction stripping or dismissal requirements. However, the Court reversed the judgment because the prosecution presented insufficient evidence to support Barber’s conviction.
Privilege Against Self-Incrimination - Right To Compel A Suspect To Perform Physical Acts; City Of Piqua V. Hinger, Charles P. Brumbach
Privilege Against Self-Incrimination - Right To Compel A Suspect To Perform Physical Acts; City Of Piqua V. Hinger, Charles P. Brumbach
Akron Law Review
The writer respectfully disagrees with the Ohio Supreme Court's interpretation of Schmerber as standing for the proposition that such compelled evidence is admissible under the Fifth Amendment to the Constitution. In Schmerber the court merely recognized the evidential distinction between real and testimonial or communicative evidence and ruled that the distinction was determinative in that case. The court acknowledged that there are many possible situations in which the distinction could not so readily be applied. It is submitted that the facts of the instant case present one of those situations.
"Inevitable Discovery" Or Inevitable Demise Of The Exclusionary Rule? Nix V. Williams, John V. Boggins
"Inevitable Discovery" Or Inevitable Demise Of The Exclusionary Rule? Nix V. Williams, John V. Boggins
Akron Law Review
On June 11, 1984 in the case of Nix v. Williams, the Supreme Court adopted a further exception to the exclusionary rule, the "inevitable discovery" doctrine. The inevitable discovery doctrine permits the admission of evidence obtained in spite of a violation of a defendant's constitutional rights, where the prosecution can convince the trier of fact by a preponderance that this evidence would have been discovered regardless of any such violation.
Decision-Making In The Dark: How Pre-Trial Errors Change The Narrative In Criminal Jury Trials, Kara Mackillop, Neil Vidmar
Decision-Making In The Dark: How Pre-Trial Errors Change The Narrative In Criminal Jury Trials, Kara Mackillop, Neil Vidmar
Chicago-Kent Law Review
The jury trial plays a critical constitutional and institutional role in American jurisprudence. Jury service is, technically, the only constitutional requirement demanded of our citizens and, as such, places an important responsibility on those chosen to serve on any jury, especially within the criminal justice system. Jury research has established that, generally, jurors take their responsibilities seriously; they work with the evidence presented at trial and they reach verdicts that correlate to the narratives they develop throughout the trial. But with estimates of wrongful conviction rates as high as five percent in serious felony cases, how are juries getting it …
The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss
The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss
Washington and Lee Law Review
No abstract provided.
Neuroprediction: New Technology, Old Problems, Stephen J. Morse
Neuroprediction: New Technology, Old Problems, Stephen J. Morse
All Faculty Scholarship
Neuroprediction is the use of structural or functional brain or nervous system variables to make any type of prediction, including medical prognoses and behavioral forecasts, such as an indicator of future dangerous behavior. This commentary will focus on behavioral predictions, but the analysis applies to any context. The general thesis is that using neurovariables for prediction is a new technology, but that it raises no new ethical issues, at least for now. Only if neuroscience achieves the ability to “read” mental content will genuinely new ethical issues be raised, but that is not possible at present.