Evidence Commons^™

Federal Marital Privileges In A Criminal Context: The Need For Further Modification Since Trammel The

Washington and Lee Law Review

No abstract provided.

Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner

UIC Law Review

No abstract provided.

Casenotes Criminal Law — Evidence — Expert Testimony That Rape Victim Suffered Post Traumatic Stress Disorder Is Admissible To Rebut A Defense Of Consent. State V. Allewalt, 308 Md. 89, 517 A.2d 741 (1986), Robert C. Sanders

University of Baltimore Law Review

No abstract provided.

Presenting Business Records As Evidence In Federal Court, Tom Arnold

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Voice Spectrography Evidence: Approaches To Admissibility, Sharon E. Gregory

University of Richmond Law Review

The admissibility of the results of voiceprint' analysis as evidence in a criminal trial has received a great deal of attention in the last ten years, both from legal scholars and in the courts. Although a relative newcomer to the field of forensic science, voice spectrography is not a recent development in the field of evidence; Wigmore foresaw the use of a voiceprint as early as 1937, when he suggested that the individuality of a person's voice provided a possible means of speaker identification.

Improving Expert Testimony, Jack B. Weinstein

University of Richmond Law Review

Our real world outside the ivory towers of academia and the courts grows more and more complex. The law's use of expert witnesses has expanded at a pace reflective of society's reliance on specialized knowledge. Hardly a case of importance is tried today in the federal courts without the involvement of a number of expert witnesses.

The Subversion Of The Hearsay Rule: The Residual Hearsay Exceptions, Circumstantial Guarantees Of Trustworthiness, And Grand Jury Testimony, Randolph N. Jonakait

Articles & Chapters

Under the Federal Rules of Evidence, hearsay is generally prohibited, being admitted only when it falls within a limited class of specific hearsay exceptions. Two general hearsay exceptions were, however, engrafted onto the list of specific ones to allow the courts to confront new and unforseen hearsay problem Lower courts have interpreted these "residual" or "catchall" exceptions differently.

This Article analyzes judicial interpretations of the residual exceptions in cases considering the admissibility of grandjury testimony. The author initially discusses the traditional hearsay approach and reviews the legislative history of the residual exceptions. He then analyzes Fourth Circuit cases considering the …

The Battered Woman Syndrome And Self-Defense: A Legal And Empirical Dissent, David L. Faigman

Faculty Scholarship

No abstract provided.

Gates, Leon And The Compromise Of Adjudicatory Fairness: (Part Ii)-Aggressive Majoritarianism, Willful Deafness, And The New Exception To The Exclusionary Rule, Joel J. Finer

Law Faculty Articles and Essays

This Article will offer an elaboration of the idea of judicial "aggressiveness" (which Professor Stone, by and large, leaves undefined) through examination of the majority opinion in United States v. Leon and its application in Massachusetts v. Sheppard. It will also advance the thesis that the majority in Leon exhibited a particular kind of aggressiveness--willful deafness.

Crime Without Conviction: Supervision Without Sentence, 19 J. Marshall L. Rev. 547 (1986), Alfred B. Teton

UIC Law Review

No abstract provided.

Bite Mark Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

An Introduction To Trial Law, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.

Hypnotically Refreshed Testimony: Is It Legally Relevant To A Criminal Proceeding In Ohio, Thomas H. Allison

Cleveland State Law Review

In the past twenty years a growing number of courts, both state and federal, have addressed the problem of the admissibility in a criminal trial of testimony by a witness whose memory has been "refreshed" by the use of pre-trial hypnosis. Some courts are of the opinion that hypnosis is nothing more than a memory aid, to be treated like any other device to refresh recollection. Other courts believe hypnosis is more of a "science," and as such should be treated consistently with the rules for the admission of other scientific evidence. While the reliability of using hypnosis to refresh …

Compulsory Process, Right To, Peter K. Westen

Book Chapters

The first state to adopt a constitution following the Declaration of Independence (New Jersey, 1776) guaranteed all criminal defendants the same ‘‘privileges of witnesses’’ as their prosecutors. Fifteen years later, in enumerating the constitutional rights of accused persons, the framers of the federal Bill of Rights bifurcated what New Jersey called the ‘‘privileges of witnesses’’ into two distinct but related rights: the Sixth Amendment right of the accused ‘‘to be confronted with the witnesses against him,’’ and his companion Sixth Amendment right to ‘‘compulsory process for obtaining witnesses in his favor.’’ The distinction between witnesses ‘‘against’’ the accused and witnesses …

Hearsay Rule, Peter K. Westen

Book Chapters

The hearsay rule is a non constitutional rule of evidence which obtains in one form or another in every jurisdiction in the country. The rule provides that in the absence of explicit exceptions to the contrary, hearsay evidence of a matter in dispute is inadmissible as proof of the matter. Although jurisdictions define "hearsay" in different ways, the various definitions reflect a common principle: evidence that derives its relevance in a case from the belief of a person who is not present in court—and thus not under oath and not subject to cross-examination regarding his credibility—is of questionable probative value.

Modern Evidence And The Expert Witness, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.

Bibbs V. Block: Standard Of Causation And Burden Of Proof In An Individual Disparate Treatment Action Under Title Vii

Washington and Lee Law Review

No abstract provided.

I Cannot Tell A Lie: The Standard For New Trial In False Testimony Cases, Daniel Wolf

Michigan Law Review

This Note examines the question of what standard should be used for granting a new trial when a defendant's conviction is alleged to have been based, at least in part, on false testimony. Part I demonstrates the failure of the existing standards to strike a satisfactory balance between defendants' rights and the efficient administration of the criminal justice system. Part II argues that motions for retrial based upon false testimony should be governed by a standard drawn not only from newly discovered evidence cases generally, but also from cases involving prosecutorial misconduct. Finally, Part III suggests that the proper test …

Confidence In Probability: Burdens Of Persuasion In A World Of Imperfect Knowledge, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Statistics In The Courtroom: Building On Rubinfeld, Richard O. Lempert

Articles

As the use of statistics in litigation has burgeoned and as more complicated statistical techniques have entered the courtroom, concern for the way courts use statistics has mounted and efforts to instruct lawyers and judges on the wise use of statistics have begun. Professor Rubinfeld's paper is a contribution toward this end. Two ideas at the core of this paper are particularly important if we are to develop a more satisfactory approach to the use of statistics in the courtroom. The first is Professor Rubinfeld's caution against the talismanic use of the .05 level of significances as a test of …

The Admissibility Of Prior Silence To Impeach The Testimony Of Criminal Defendants, Rex A. Sharp

University of Michigan Journal of Law Reform

This Note focuses on whether a defendant who was called as a witness at the prior, severed trial of a codefendant and refused to testify by invoking the fifth amendment can subsequently be impeached by this silence at his own trial. In addition to the obvious implications this issue has for severed criminal trials, the factors considered when deciding whether impeachment by silence should be allowed generally are in sharpest focus in this factual setting. Thus, the analysis of the constitutional and evidentiary questions this Note enlists to argue that impeachment by silence in this context is permissible applies as …

Comity And Tragedy: The Case Of Rule 407, Marcia L. Finkelstein

Vanderbilt Law Review

This Note advocates that when a Federal Rule of Evidence conflicts with a state rule, a court should examine closely the purpose of the rules in an effort to balance the competing policies of comity and procedural uniformity. Part II of this Note provides a general background on legislative and court decisions concerning federal-state conflicts. Part II also illustrates the congressional and judicial inclination to protect state substantive law. Part III dis-cusses the conflict between the Maine Rule and Federal Rule 407. Part IV suggests an approach to the general conflict between state and federal rules and applies that approach …

Closing The "Open Fields" Question: Oliver V. United States, Brian K. Jorgensen

BYU Law Review

No abstract provided.

Symposium Proceedings, Various Editors

Villanova Law Review

No abstract provided.

The Hague Convention On Taking Evidence Abroad: Conflict Over Pretrial Discovery, Margaret T. Burns

Michigan Journal of International Law

This note asserts that the Hague Convention is not the exclusive vehicle available to U.S. litigants for taking evidence abroad. It argues that in certain circumstances, U.S. courts should allow litigants to use the more liberal methods of the Federal Rules when seeking evidence from party litigants in other signatory nations.

Breach Of Confidence - The Need For A New Tort - Watts V. Cumberland County Hospital System, Kathryn B. Remick

Campbell Law Review

The right to redress wrongfully disclosed confidences through a separate breach of confidence tort is the topic of this Note. Not all disclosures are actionable wrongs. This Note will deal mainly with extrajudicial disclosures of customarily confidential information and will touch only superficially on testimonial privileges. This Note also will examine the inadequacies of theories advanced by many courts thus far as remedies for wrongful disclosures and the justification for the development of a separate breach of confidence tort in North Carolina.

The Right To Independent Testing: Boon For Defendant--Burden For Prosecution?, Judith K. Jones

Kentucky Law Journal

No abstract provided.

The Burger Court And Prosecutorial Misconduct, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Professor Gershman critically examines a series of recent Supreme Court decisions dealing with prosecutorial misconduct. In each case, the Court reversed the lower court and reinstated the conviction.

There are a broad range of issues involved; from suppression of evidence to trial misconduct. As a former prosecutor in New York City, the author is forced to conclude that, "Prosecutorial misconduct occurs because it works and because sanctions for misbehavior are virtually nonexistent."

Symposium Acknowledgements, Various Editors

Villanova Law Review

No abstract provided.

Unmasking The Criminal: A Proposal To Prevent The Accessibility Of False Identification, 18 J. Marshall L. Rev. 789 (1985), Gerard Ring

UIC Law Review

No abstract provided.