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Full-Text Articles in Evidence

Newsroom: Kuckes On Grand Jury Secrecy 8/30/2016, Roger Williams University School Of Law Aug 2016

Newsroom: Kuckes On Grand Jury Secrecy 8/30/2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson Dec 2014

Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson

Sheri Lynn Johnson

No abstract provided.


The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank Jan 2014

The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank

Faculty Scholarship

No abstract provided.


Some Thoughts On The Fundamentals Of An Evidence Code From The U.S. American Perspective, Paul F. Rothstein Jan 2014

Some Thoughts On The Fundamentals Of An Evidence Code From The U.S. American Perspective, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

In the U.S. American trial system proof mainly consists of live witnesses presented in open court under oath before the judge, jury, and parties, subject to perjury laws. Cross-examination of the witnesses in that setting is the principal (though not the only) form of testing their reliability. It is for these reasons that we have a rule against hearsay (second-hand reporting in court of what someone has said outside of court).


The Admissibility Of Hypnotically Enhanced Testimony In Criminal Trials, Gary Shaw May 2013

The Admissibility Of Hypnotically Enhanced Testimony In Criminal Trials, Gary Shaw

Gary M. Shaw

No abstract provided.


Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun Feb 2013

Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun

Daniel M Braun

In this new Millennium -- an era of increasingly complex cases -- it is critical that lawyers keep a keen eye on trial strategy and tactics. Although scientific evidence today is more sophisticated than ever, the art of effectively engaging people and personalities remains prime. Scientific data must be contextualized and presented in absorbable ways, and attorneys need to ensure not only that they correctly understand jurors, judges, witnesses, and accused persons, but also that they find the means to make their arguments truly resonate if they are to formulate an effective case and ultimately realize justice. A decades-old case is highly ...


Shaken Baby Syndrome, Abusive Head Trauma, And Actual Innocence: Getting It Right, David A. Moran, Keith A. Findley, Patrick D. Barnes, Waney Squier Jan 2012

Shaken Baby Syndrome, Abusive Head Trauma, And Actual Innocence: Getting It Right, David A. Moran, Keith A. Findley, Patrick D. Barnes, Waney Squier

Articles

In the past decade, the existence of shaken baby syndrome (SBS) has been called into serious question by biomechanical studies, the medical and legal literature, and the media. As a result of these questions, SBS has been renamed abusive head trauma (AHT). This is, however, primarily a terminological shift: like SBS, AHT refers to the two-part hypothesis that one can reliably diagnose shaking or abuse from three internal findings (subdural hemorrhage, retinal hemorrhage, and encephalopathy) and that one can identify the perpetrator based on the onset of symptoms. Over the past decade, we have learned that this hypothesis fits poorly ...


Foreword: Why "The Child Witness" Now?, Jules Epstein Jan 2010

Foreword: Why "The Child Witness" Now?, Jules Epstein

Jules Epstein

No abstract provided.


Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman Jan 1998

Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman

Articles

This article draws on the history of the hearsay rule, and on recent decisions of the European Court of Human Rights, to argue that the right to confrontation should be recognised as a basic principle of the law of evidence, and that aspects of the Law Commission's proposals for reform of the hearsay rule, and of the Home Office's proposals for restrictions on the right of cross-examination, are therefore unsatisfactory.


The Admissibility Of Hypnotically Enhanced Testimony In Criminal Trials, Gary Shaw Oct 1991

The Admissibility Of Hypnotically Enhanced Testimony In Criminal Trials, Gary Shaw

Scholarly Works

No abstract provided.


Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson Jun 1984

Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.


United States V. Leon, Lewis F. Powell Jr. Oct 1983

United States V. Leon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack Oct 1982

Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack

University of Michigan Journal of Law Reform

Defendants, however, have raised serious constitutional objections to the introduction of grand jury testimony when the witness is unavailable to testify at trial. These claims have focused on the confrontation clause of the sixth amendment and the due process clauses of the fifth and fourteenth amendments. Defendants have contended that the introduction of testimony from a grand jury proceeding which cannot be subjected to cross-examination fatally compromises the defendant's right to a fair trial. Lower courts are split over admitting grand jury testimony in these circumstances, and the Supreme Court has yet to rule on the issue. As a ...


The Confrontation Clause And The Scope Of The Unavailability Requirement, Jerry J. Phillips Jan 1973

The Confrontation Clause And The Scope Of The Unavailability Requirement, Jerry J. Phillips

University of Michigan Journal of Law Reform

The confrontation clause is that language of the sixth amendment to the United States Constitution which provides, "[I]n all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him." Despite the seemingly absolute language of the confrontation clause, which would suggest that no hearsay evidence may be admitted against an accused in a criminal proceeding, its guarantee has been subject to exception. For example, when either a witness to an event or his testimony is shown to be unavailable, others will be allowed to testify as to the information which the declarant-witness has ...


Title Iv - False Declarations, Jeffrey J. Greenbaum Jan 1971

Title Iv - False Declarations, Jeffrey J. Greenbaum

University of Michigan Journal of Law Reform

Title IV was designed to facilitate the bringing of federal perjury prosecutions, thereby strengthening the deterrent value of the perjury penalties and acting as a greater incentive for truthful testimony. It establishes a new false declarations statute applicable to court and grand jury proceedings, with maximum penalty slightly increased over that allowable under the previously controlling perjury statute.


Title Vi - Depositions, Peter A. Kelly Jan 1971

Title Vi - Depositions, Peter A. Kelly

University of Michigan Journal of Law Reform

Title VI expands Rule 15 of the Federal Rules of Criminal Procedure to permit the Government to depose its witnesses in certain limited classes of cases. Previously only the defendant had been accorded this right. Upon the motion of either party at any time after a criminal indictment or information has been filed, the court may order that the testimony of the party's witnesses be taken by deposition if "due to exceptional circumstances it is in the interest of justice" that such testimony be taken and preserved. Such exceptional circumstances were intended by Congress to include the existence of ...


Title Iii - Recalcitrant Witnesses, Jeffrey J. Greenbaum Jan 1971

Title Iii - Recalcitrant Witnesses, Jeffrey J. Greenbaum

University of Michigan Journal of Law Reform

This title represents a congressional attempt to codify the court-developed civil contempt practice. When a witness is granted immunity and still refuses to answer the question presented to him he can be ordered by a court to answer the specific question. Upon his continued refusal, a court can have him confined summarily until he complies with such order, or until he is no longer able to comply. Such confinement is not intended to be punitive in nature, but rather to coerce compliance with the court's order by imposing imprisonment as an alternative to answering the question. The witness will ...


Corroboration Of Accomplice Testimony In Federal Criminal Cases, Lester B. Orfield Jan 1963

Corroboration Of Accomplice Testimony In Federal Criminal Cases, Lester B. Orfield

Villanova Law Review

No abstract provided.


Abstracts Of Recent Cases, Aaron David Trub Dec 1960

Abstracts Of Recent Cases, Aaron David Trub

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, A. G. H. Dec 1958

Abstracts Of Recent Cases, A. G. H.

West Virginia Law Review

No abstract provided.