Reforming Eyewitness Identification Processes: Challenges And Recommendations For Successful Implementation,
2023
Mitchell Hamline School of Law
Reforming Eyewitness Identification Processes: Challenges And Recommendations For Successful Implementation, Daniel Manley
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Safeguarding The Alford Plea: Minimizing State-Sanctioned Wrongful Convictions,
2023
Mitchell Hamline School of Law
Safeguarding The Alford Plea: Minimizing State-Sanctioned Wrongful Convictions, Zana Molina
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Ai Risk Assessment Tools Amid The War On Drugs: Productive Or Counterproductive?,
2023
Mitchell Hamline School of Law
Ai Risk Assessment Tools Amid The War On Drugs: Productive Or Counterproductive?, Matin Pedram
Mitchell Hamline Law Journal of Public Policy and Practice
The War on Drugs refers to a situation in which all the processes of production, distribution, and consumption of all illegal drugs are prohibited. This ambitious goal has imposed considerable costs on societies. The war has weaponized harsher punishments such as life imprisonment, execution, and long-term incarceration against drug offenders. Nonviolent offenders, those who possessed illegal drugs, have been easy targets for governments to show that the war is still ongoing. Although some countries became pioneers in changing the laws to end this costly war, Iran and the United States have made their stance on the drug issue clear, and …
Evidence,
2022
Mercer University School of Law
Evidence, John E. Hall Jr., W. Scott Henwood, Krysta Grimes
Mercer Law Review
Georgia’s judicial system has continued to grapple with the novel Coronavirus (COVID-19) for more than two years since the Honorable Harold D. Melton, former Chief Justice of the Supreme Court of Georgia,
first issued the Order Declaring Statewide Judicial Emergency on March 14, 2020. That order was extended fifteen times before finally terminating on June 30, 2021.
Seemingly in response to the world of uncertainties created by COVID-19, Georgia appellate courts took the opportunity to provide some additional interpretation and explanation to various aspects of Georgia’s new Evidence Code. This Article highlights some of the continuing interpretations of Georgia’s evidence …
You Can’T Simply Say “No!” Almighty Ceo: Georgia’S View On The Apex Doctrine And Discovery Abuse,
2022
Mercer University School of Law
You Can’T Simply Say “No!” Almighty Ceo: Georgia’S View On The Apex Doctrine And Discovery Abuse, W. Warren Hedgepeth
Mercer Law Review
Discovery is the process that allows litigants to gather information from the opposing party in a civil lawsuit. Discovery practices differ among states, and each state’s discovery laws generally determine (1) the scope and limits of what information can be gathered, (2) how it is gathered, and (3) when it is gathered. Depositions are included in discovery methods and allow parties to ask the deponent questions relating to the case. Depositions are not only expensive but can be disruptive, especially to high-level corporate executives whose time and dedication to their companies should be their primary focus. In some jurisdictions, corporate …
Rethinking Evidentiary Rules In An Age Of Bench Trials,
2022
University of California, Irvine School of Law
Rethinking Evidentiary Rules In An Age Of Bench Trials, Henry Zhuhao Wang
UC Irvine Law Review
American jury trials are vanishing. Statistics indicate that the number of jury trials in U.S. federal and state courts has diminished for decades, a phenomenon that has become even more pronounced amid the ongoing COVID-19 pandemic. Courts throughout the nation are on track for more than a year without any trials by jury. But as jury trials wane, bench trials are dominant in federal and state courts for both civil and criminal cases. What does that mean, then, for evidentiary rules? The Federal Rules of Evidence (FRE), first adopted in 1975, codify federal evidence law and have been adopted by …
Artificial Justice: The Quandary Of Ai In The Courtroom,
2022
Duke Law
Artificial Justice: The Quandary Of Ai In The Courtroom, Paul W. Grimm, Maura R. Grossman, Sabine Gless, Mireille Hildebrandt
Judicature International
No abstract provided.
An Analytical Study On Legal Validity Of Online Dispute Resolution (Odr) System In India And Indonesia,
2022
Faculty of Law, Marwadi University
An Analytical Study On Legal Validity Of Online Dispute Resolution (Odr) System In India And Indonesia, Dr Rahul Nikam, Bangkim Singh Nongthombam
Indonesia Law Review
Advancement in technology brought many inevitable changes with more efficiency, making human life easier. Benefit of technology shall be incorporated for effective and efficient justice delivery in dispute resolution mechanism. New development in this area is online arbitration dispute resolutions (ODR) which have been without doubt adopted and practices by justice delivery system across the globe. But the question remains the same as whether justice delivery system is equipped to cope up in the same pace with the changes taking place in the society and technology. Are the existing laws being enough to conduct online system as an effective mechanism …
For Whom The Sol Tolls: Examining The Role Of The Discovery Rule And Statutes Of Limitations In Ncaa Concussion Litigation,
2022
Southeastern Louisiana University
For Whom The Sol Tolls: Examining The Role Of The Discovery Rule And Statutes Of Limitations In Ncaa Concussion Litigation, Joseph Sabin Esq., Andrew L. Goldsmith Ph.D.
UNH Sports Law Review
No abstract provided.
Brown (Larry) V. State Of Nevada, 138 Nev. Adv. Op. 44 (June 23, 2022),
2022
University of Nevada, Las Vegas -- William S. Boyd School of Law
Brown (Larry) V. State Of Nevada, 138 Nev. Adv. Op. 44 (June 23, 2022), Anne-Greyson Long
Nevada Supreme Court Summaries
In this appeal, the Court considered whether a jury may consider footwear impression evidence without the aid of expert testimony. The Court determined it was proper here. The Court also considered whether the district court violated the defendant's rights under the Confrontation Clause by allowing a witness to testify via a two-way video and limiting cross-examination to protect proprietary trade secrets. The Court determined that the district court failed to make express findings under Lipitz. The Court also concluded that the district court did not abuse its discretion by limiting witness testimony. No reversal was granted, and the court …
A Dog's Bark To Act As A Nark,
2022
University of Arkansas, Fayetteville
A Dog's Bark To Act As A Nark, Bailey R. Geller
Arkansas Law Review
This Comment therefore advocates for systemic reconsideration of dog scent lineups at trial. It will not claim that all dog scent lineups are flawless, particularly given the slipshod manner in which many are performed. But dog scent identifications are increasingly more valuable than our legal system currently acknowledges when they are properly conducted. They should be admissible.
Private Search And Seizure: The Constitutionality Of Anton Piller Orders In Canada,
2022
McGill University
Private Search And Seizure: The Constitutionality Of Anton Piller Orders In Canada, Dimitros Valkanas
Dalhousie Law Journal
This paper examines the constitutionality of the Anton Piller order in Canadian law. First, the paper examines whether Anton Piller orders overall are unconstitutional through three major avenues of attack: (i) Charter challenges; (ii) the ultra vires doctrine; and (iii) the principle of natural justice, audi alteram partem. Afterwards, in the event that no challenge against Anton Piller orders broadly would succeed, the paper examines whether their uniquely Canadian variant known as a “rolling” or “John (or Jane) Doe” Anton Piller orders could be challenged, looking at both Charter and non-Charter challenges. Finally, this paper proposes the imposition of additional …
What Are Victim Impact Statements For?,
2022
Brooklyn Law School
What Are Victim Impact Statements For?, Susan A. Bandes
Brooklyn Law Review
In Payne v. Tennessee, the US Supreme Court upheld the admission of victim impact statements (VIS) on the ground that they provide valuable information to the sentencer. In the three decades since, two additional rationales for VIS have become ascendant: most prominently, a therapeutic rationale, and more recently, a public education rationale. In this article, I expand upon my critiques of the informational and therapeutic rationales in light of a growing body of empirical evidence about how VIS affect both sentencers and crime victims. Focusing on the powerful and viral VIS delivered at the Larry Nassar guilty plea hearings and …
Defense Counsel’S Cross Purposes: Prior Conviction Impeachment Of Prosecution Witnesses,
2022
Brooklyn Law School
Defense Counsel’S Cross Purposes: Prior Conviction Impeachment Of Prosecution Witnesses, Anna Roberts
Brooklyn Law Review
A broad scholarly coalition supports the prohibition or diminution of the impeachment of criminal defendants with their convictions. Yet scholars should pay more attention to the flipside arrangement: impeachment of prosecution witnesses by defense counsel. First, because those engaged in reform efforts need to resolve the competing interests: constitutional arguments on behalf of the defense, but, on the other hand, concerns about a tool that (regardless of the nature of the witness) risks reinforcing biases and stereotypes. Second, because the impossibility of adequate resolution is itself important to note. Whether one considers the conflicting values of rule-makers deciding whether to …
Technology - Revealing Or Framing The Truth? A Jurisprudential Debate,
2022
Duquesne University
Technology - Revealing Or Framing The Truth? A Jurisprudential Debate, Dana Neacsu
Law Faculty Publications
Technology is so much more than a prosthetic. But how much more? And what else is it? In the legal realm, its role is not yet clear. Such a lack of elucidation becomes problematic, especially when technology has the ability to convert assumptions into facts, and it takes on a truth-making, rather than a mere truth-revealing mission. This Article argues that it is problematic to enable technology to stand in for reflective thinking, and calls attention to the fact that evidentiary rules enable technology to decide what can be proven, ergo what truth is. Technology is a fork in the …
Overhauling Rules Of Evidence In Pro Se Courts,
2022
University of the District of Columbia
Overhauling Rules Of Evidence In Pro Se Courts, Andrew C. Budzinski
University of Richmond Law Review
State civil courtrooms are packed to the brim with litigants, but not with lawyers. Since the early 1990s, more and more litigants in state courts have appeared without legal counsel. Pro se litigation has grown consistently and enormously over the past few decades. State court dockets are dominated by cases brought by unrepresented litigants, most often in domestic violence, family law, landlord-tenant, and small claims courts.
Yet, the American courtroom is not designed for use by those unrepresented litigants—it is designed for use by attorneys. The American civil court is built upon a foundation of dense procedural rules, thick tomes …
Evidence,
2022
Mercer University School of Law
Evidence, W. Randall Bassett, Val Leppert, Lauren Newman Smith
Mercer Law Review
In its 2021 term, the United States Court of Appeals for the Eleventh Circuit issued several important and precedential opinions on a number of evidentiary topics. For example, in two opinions, the court considered the totality of the evidence to determine whether admission of testimonial hearsay implicated the Sixth Amendment’s Confrontation Clause or was instead harmless error. The court also twice addressed whether a suggestion to the jury that a defendant’s silence was substantive evidence of his guilt violated the defendant’s Fifth Amendment rights.
Additionally, the Eleventh Circuit issued several opinions concerning lay witness and expert testimony. In two opinions …
Inevitable Change To Inevitable Discovery: The Eleventh Circuit’S New Standard Of Proof For Cases Addressing The Inevitable Discovery Exception To The Exclusionary Rule,
2022
Mercer University School of Law
Inevitable Change To Inevitable Discovery: The Eleventh Circuit’S New Standard Of Proof For Cases Addressing The Inevitable Discovery Exception To The Exclusionary Rule, Hannah Pressley
Mercer Law Review
The inevitable discovery doctrine is an exception to the rule that evidence obtained by the government in violation of the Fourth Amendment will be excluded at trial. Under the inevitable discovery doctrine, illegally obtained evidence will be admissible at trial if the government can establish that it would have discovered the evidence even if the Fourth Amendment violation had not occurred. In United States v. Watkins, the United States Court of Appeals for the Eleventh Circuit, sitting en banc, addressed the following question: what is the standard of proof that the government must meet to show that illegally obtained …
“Rap Music On Trial”: Examining The Consequences Of Rap Lyrics Being Admissible At Trial,
2022
Saint Louis University School of Law
“Rap Music On Trial”: Examining The Consequences Of Rap Lyrics Being Admissible At Trial, Malik Stewart
SLU Law Journal Online
Rap lyrics are being deemed admissible in court to convict criminal defendants. In this article, Malik Stewart considers the consequences of admitting rap lyrics to evidence to prove a defendant’s guilt, possible First Amendment violations, the efforts to prevent prosecutors from using rap lyrics as evidence, and the ways in which rap music is being targeted by prosecutors. The article also considers the emergence of Drill music and what to expect moving forward.
Can't We Just Talk About This First?: Making The Case For The Use Of Discovery Depositions In Arkansas Criminal Cases,
2022
University of Arkansas, Fayetteville
Can't We Just Talk About This First?: Making The Case For The Use Of Discovery Depositions In Arkansas Criminal Cases, Bryan Altman
Arkansas Law Review
“[T]he quest for better justice is a ceaseless quest, that the single constant for our profession is the need for continuous examination and reexamination of our premises as to what law should do to achieve better justice.” From time to time, it is important that we take stock of our legal surroundings and ask ourselves if our procedures are still properly serving us, or if there is need for change and improvement. In this Article, I argue that the time has come for Arkansas to provide the criminal defense bar with the affirmative power to conduct discovery depositions. Arkansas criminal …