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Full-Text Articles in Evidence

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.


Trial By Google: Judicial Notice In The Information Age, Jeffrey Bellin, Andrew Guthrie Ferguson Sep 2019

Trial By Google: Judicial Notice In The Information Age, Jeffrey Bellin, Andrew Guthrie Ferguson

Jeffrey Bellin

This Article presents a theory of judicial notice for the information age. It argues that the ease of accessing factual data on the Internet allows judges and litigants to expand the use of judicial notice in ways that raise significant concerns about admissibility, reliability, and fair process. State and federal courts are already applying the surprisingly pliant judicial notice rules to bring websites ranging from Google Maps to Wikipedia into the courtroom, and these decisions will only increase in frequency in coming years. This rapidly emerging judicial phenomenon is notable for its ad hoc and conclusory nature—attributes that have the …


Text Messages And The Hearsay Rule In The Aaron Hernandez Case, Jeffrey Bellin Sep 2019

Text Messages And The Hearsay Rule In The Aaron Hernandez Case, Jeffrey Bellin

Jeffrey Bellin

No abstract provided.


The Evidentiary Significance Of “Tweets,” Texts And Status Updates (Starring Justin Bieber), Jeffrey Bellin Sep 2019

The Evidentiary Significance Of “Tweets,” Texts And Status Updates (Starring Justin Bieber), Jeffrey Bellin

Jeffrey Bellin

No abstract provided.


Rule 609 And The Frustratingly Unkillable Five-Factor Mahone Framework, Jeffrey Bellin Sep 2019

Rule 609 And The Frustratingly Unkillable Five-Factor Mahone Framework, Jeffrey Bellin

Jeffrey Bellin

No abstract provided.


More On The Impeachment Of Criminal Defendants, Jeffrey Bellin Sep 2019

More On The Impeachment Of Criminal Defendants, Jeffrey Bellin

Jeffrey Bellin

No abstract provided.


More On The Future Of Present Sense Impressions, Jeffrey Bellin Sep 2019

More On The Future Of Present Sense Impressions, Jeffrey Bellin

Jeffrey Bellin

No abstract provided.


Improving The Reliability Of Criminal Trials Through Legal Rules That Encourage Defendants To Testify, Jeffrey Bellin Sep 2019

Improving The Reliability Of Criminal Trials Through Legal Rules That Encourage Defendants To Testify, Jeffrey Bellin

Jeffrey Bellin

Reflecting a traditional bias against defendants' trial testimony, the modern American criminal justice system, which now recognizes a constitutional right to testify at trial, unabashedly encourages defendants to waive that right and remain silent. As a result, a large percentage of criminal defendants decline to testify, forcing juries to decide the question of the defendant's guilt without ever hearing from the person most knowledgeable on the subject.

This Article contends that the inflated percentage of silent defendants in the American criminal trial system is a needless, self-inflected wound, neither required by the Constitution nor beneficial to the search for truth. …


Finding Evidence On Facebook, Jeffrey Bellin Sep 2019

Finding Evidence On Facebook, Jeffrey Bellin

Jeffrey Bellin

No abstract provided.