The Future Of Confession Law: Toward Rules For The Voluntariness Test, 2015 University of Michigan Law School
The Future Of Confession Law: Toward Rules For The Voluntariness Test, Eve Brensike Primus
Michigan Law Review
Confession law is in a state of collapse. Fifty years ago, three different doctrines imposed constitutional limits on the admissibility of confessions in criminal cases: Miranda doctrine under the Fifth Amendment, Massiah doctrine under the Sixth Amendment, and voluntariness doctrine under the Due Process Clauses of the Fifth and Fourteenth Amendments. But in recent years, the Supreme Court has gutted Miranda and Massiah, effectively leaving suspects with only voluntariness doctrine to protect them during police interrogations. The voluntariness test is a notoriously vague case-by-case standard. In this Article, I argue that if voluntariness is going to be the framework for ...
Ultracrepidarianism In Forensic Science: The Hair Evidence Debacle, 2015 Pennsylvania State University School of Law
Ultracrepidarianism In Forensic Science: The Hair Evidence Debacle, David H. Kaye
Washington and Lee Law Review Online
For over 130 years, scientific sleuths have inspected hairs under microscopes. Late in 2012, the FBI, the Innocence Project, and the National Association of Criminal Defense Lawyers joined forces to review thousands of microscopic hair comparisons performed by FBI examiners over several of those decades. The results have been astounding. Based on the first few hundred cases in which hairs were said to match, it appears that examiners exceeded the limits of science in over 90% of their reports or testimony. The disclosure of this statistic has led to charges that the FBI faked an entire field of forensic science ...
Florida's "Brave New World": The Transition From Frye To Daubert Will Transform The Playing-Field For Litigants In Medical Causation Cases, 2015 Barry University School of Law
Florida's "Brave New World": The Transition From Frye To Daubert Will Transform The Playing-Field For Litigants In Medical Causation Cases, Erica W. Rutner, Lara B. Bach
Barry Law Review
No abstract provided.
Daubert Debunked: A History Of Legal Retrogression A History Of Legal Retrogression And The Need To Reassess ‘Scientific Admissibility’, 2015 Zefat Academic School of Law
Daubert Debunked: A History Of Legal Retrogression A History Of Legal Retrogression And The Need To Reassess ‘Scientific Admissibility’, Barbara P. Billauer Esq
barbara p billauer esq
With ‘novel’ scientific discoveries accelerating at an unrelenting pace, the need for accessible and implementable standards for evaluating the legal admissibility of scientific evidence becomes more and more crucial. As science changes, legal standards for evaluating ‘novel’ science must be plastic enough to respond to fast-moving changes. This, ostensibly, was the Daubert objective. Since it was decided in 1993, however, Daubert’s impact has been hotly contested -- with plaintiffs and defendants each claiming the decision unfairly favors the other side. New approaches are constantly suggested to deal with the perceived impact, although there is no uniform consensus of exactly ...
Blackness As Character Evidence, 2015 University of Missouri-Kansas City School of Law
Blackness As Character Evidence, Mikah K. Thompson
Michigan Journal of Race and Law
Federal Rule of Evidence 404 severely limits the government’s ability to offer evidence of a defendant’s character trait of violence to prove action in conformity with that trait on the occasion in question. The Rule states that such character evidence is generally inadmissible when offered to prove propensity. The Rule also allows the government to offer evidence of an alleged victim’s character for peacefulness in homicide cases where the defendant asserts the self-defense privilege. Although criminal defendants may offer character evidence under limited circumstances, Rule 404 creates a significant disincentive for doing so. Where a defendant offers ...
Drafting New York Civil-Litigation Documents: Part Xliv—Motions For Attorney Fees Continued, 2015 Columbia, Fordham & NYU Law Schools
Drafting New York Civil-Litigation Documents: Part Xliv—Motions For Attorney Fees Continued, Gerald Lebovits
No abstract provided.
Hackers Lend Hand To Consortium Defendants, 2015 The John Marshall Law School
Hackers Lend Hand To Consortium Defendants, Anthony Longo
Mr. Longo analyzes how the Ashley Madison hack impacts the defense of consortium claims in Illinois
Implementing The Lessons From Wrongful Convictions: An Empirical Analysis Of Eyewitness Identification Reform Strategies, 2015 University of Wisconsin-Madison
Implementing The Lessons From Wrongful Convictions: An Empirical Analysis Of Eyewitness Identification Reform Strategies, Keith A. Findley
Keith A Findley
Learning about the flaws in the criminal justice system that have produced wrongful convictions has progressed at a dramatic pace since the first innocent individuals were exonerated by postconviction DNA testing in 1989. Application of that knowledge to improving the criminal justice system, however, has lagged far behind the growth in knowledge. Likewise, while considerable scholarship has been devoted to identifying the factors that produce wrongful convictions, very little scholarly attention has been devoted to the processes through which knowledge about causes is translated into reforms.
Using eyewitness misidentification—one of the leading contributors to wrongful convictions and the most ...
Out Of Breath And Down To The Wire: A Call For Constitution-Focused Police Reform, 2015 Indiana Tech Law School
Out Of Breath And Down To The Wire: A Call For Constitution-Focused Police Reform, Nancy C. Marcus
Nancy C Marcus
This article chronicles a series of breathtakingly disturbing police killings of unarmed black men (and a boy) in a single year’s time, spanning from between July 2014 to July 2015, which have resulted in national outcry and sparked a movement toward police reform across the country. The article details a number of the suggested remedial measures offered to address the problem of excessive lethal police force across the country and concludes that, among the proposed reforms, one of the most important is a renewed emphasis of critical constitutional limitations upon permissible lethal police force and other unjustified treatment of ...
Visualizing Dna Proof, 2015 Indiana University Robert H. McKinney School of Law
Visualizing Dna Proof, Nicholas L. Georgakopoulos
Nicholas L Georgakopoulos
DNA proof inherently involves the use of probability theory, which is often counterintuitive. Visual depictions of probability theory, however, can clarify the analysis and make it tractable. A DNA hit from a large database is a notoriously difficult probability theory issue, yet the visuals should enable courts and juries to handle it. The Puckett facts are an example of a general approach: A search in a large DNA database produces a hit for a cold crime from 1972 San Francisco. Probability theory allows us to process the probabilities that someone else in the database, someone not in the ...
The Importance Of Being Dismissive: The Efficiency Role Of Pleading Stage Evaluation Of Shareholder Litigation, Lawrence A. Hamermesh, Michael L. Wachter
It has been claimed that the risk/reward dynamics of shareholder litigation have encouraged quick settlements with substantial attorneys’ fee awards but no payment to shareholders, regardless of the merits of the case. Fee-shifting charter and bylaw provisions may be too blunt a tool to control agency costs associated with excessive shareholder litigation, and are in any event now prohibited by Delaware statute. We claim, however, that active judicial supervision of public company shareholder litigation at an early stage reduces the costs of frivolous litigation to shareholders by separating meritorious from unmeritorious litigation before the full costs of discovery are ...
44. Andrews, S.J., Lamb, M.E., & Lyon, T.D. (In Press). The Effects Of Question Repetition On Responses When Prosecutors And Defense Attorneys Question Children Alleging Sexual Abuse In Court. Law & Human Behavior., 2015 University of Southern California
44. Andrews, S.J., Lamb, M.E., & Lyon, T.D. (In Press). The Effects Of Question Repetition On Responses When Prosecutors And Defense Attorneys Question Children Alleging Sexual Abuse In Court. Law & Human Behavior., Thomas D. Lyon
Thomas D. Lyon
This study examined the effects of repeated questions (n=12,169) on 6- to 12-year-olds’ testimony in child sexual abuse cases. We examined transcripts of direct- and cross-examinations of 120 children, categorizing how attorneys asked repeated questions in-court and how children responded. Defense attorneys repeated more questions (33.6% of total questions asked) than prosecutors (17.8%) and repeated questions using more suggestive prompts (38% of their repeated questions) than prosecutors (15%). In response, children typically repeated or elaborated on their answers and seldom contradicted themselves. Self-contradictions were most often elicited by suggestive and option-posing prompts posed by either type ...
The Greenhouse Effect: Decomposition Rates In Human Remains Wrapped In Plastic, 2015 University of Tennessee - Knoxville
The Greenhouse Effect: Decomposition Rates In Human Remains Wrapped In Plastic, Barbara R. Forman
Determining an accurate estimation of the postmortem interval (PMI) of human remains is important for several reasons. First, it is used to determine whether the individual is recently deceased, and therefore of medicolegal concern. If so, the estimated PMI is used in narrowing the possible identities of the deceased. PMI can also be used in excluding, or convicting, a murder suspect.
Though deviations may occur, it has been found that PMI can be calculated from the decomposition stages with reasonable accuracy (Galloway 1989, Megyesi 2001, Megyesi et al. 2005, Schiel 2008, Simmons et al. 2010). Some factors, such as low ...
43. Rush, E.B., Stolzenberg, S.N., Quas, J.A., & Lyon, T.D. (In Press). The Effects Of The Putative Confession And Parent Suggestion On Children's Disclosure Of A Minor Transgression. Legal And Criminological Psychology., 2015 University of Southern California
43. Rush, E.B., Stolzenberg, S.N., Quas, J.A., & Lyon, T.D. (In Press). The Effects Of The Putative Confession And Parent Suggestion On Children's Disclosure Of A Minor Transgression. Legal And Criminological Psychology., Thomas D. Lyon
Thomas D. Lyon
Purpose: This study examined the effects of the putative confession (telling the child that an adult “told me everything that happened and he wants you to tell the truth”) on children’s disclosure of a minor transgression after questioning by their parents. Methods: Children (N = 188; 4 – 7-year-olds) played with a confederate, and while doing so, for half of the children, toys broke. Parents then questioned their children about what occurred, and half of the parents were given additional scripted suggestive questions. Finally, children completed a mock forensic investigative interview. Results: Children given the putative confession were 1.6 times ...
Common Ignorance: Medical Malpractice Law And The Misconceived Application Of The “Common Knowledge” And “Res Ipsa Loquitur” Doctrines, 2015 Touro College Jacob D. Fuchsberg Law Center
Common Ignorance: Medical Malpractice Law And The Misconceived Application Of The “Common Knowledge” And “Res Ipsa Loquitur” Doctrines, Amanda E. Spinner
Touro Law Review
No abstract provided.
The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply
Pepperdine Law Review
This Article proceeds on a simple and clear premise: a confession extracted by torture or cruel, inhuman, or degrading treatment should never be admitted into evidence in a U.S. criminal trial. Whether accomplished through extending the Due Process or Self-Incrimination based exclusionary rules to foreign official coercion, or by legislative action, such exclusion is necessary to align evidentiary practice regarding confessions procured by foreign agents with our nation's fundamental values as reflected in the Fifth Amendment and our ratification of the CAT. This outcome is not incompatible with Connelly. Rather, this Article explores the limits of the Court ...
Rules Of Evidence For Your First Federal Or New York Trial, 2015 Columbia, Fordham & NYU Law Schools
Rules Of Evidence For Your First Federal Or New York Trial, Gerald Lebovits
No abstract provided.
42. Stolzenberg, S.N., & Lyon., T.D. (In Press). Repeated Self And Peer-Review Leads To Continuous Improvement In Child Interviewing Performance. Journal Of Forensic Social Work., 2015 University of Southern California
42. Stolzenberg, S.N., & Lyon., T.D. (In Press). Repeated Self And Peer-Review Leads To Continuous Improvement In Child Interviewing Performance. Journal Of Forensic Social Work., Thomas D. Lyon
Thomas D. Lyon
The present study examined whether a training model that focuses on consistent exposure to protocol procedure, self-evaluation, and intensive peer-review sessions could improve interviewers’ ability to adhere to best practices. Law students (N = 19) interviewed 5- to 10-year-old children on a weekly basis as part of a semester-long forensic child interviewing class. They transcribed their interviews, and participated in one-hour self and peer-reviews. The proportion of each question type was calculated (option-posing, Wh-, and open-invitations) within each interview for each interviewer. Across ten weeks of interviews, interviewers consistently improved their performance, decreasing the proportion of option-posing questions by 31% and ...
New Hardware And Software Innovations (For Volumetric Modeling), 2015 University of Colorado Law School
New Hardware And Software Innovations (For Volumetric Modeling), A. Keith Turner
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
19 pages (includes illustrations and maps).
Inmates’ E-Mails With Their Attorneys: Off-Limits For The Government?, 2015 The Catholic University of America, Columbus School of Law
Inmates’ E-Mails With Their Attorneys: Off-Limits For The Government?, Amelia H. Barry
Catholic University Law Review
The attorney-client privilege is vital to inmates who otherwise have limited opportunities for private communications in prison. Traditionally, inmates have only been able to communicate with their attorneys via in-person visits, phone calls, and mailed letters. As federal inmates have begun using e-mail to converse with their attorneys, courts have had to determine if these conversations are protected by the attorney-client privilege. This Comment discusses courts’ approaches to this question, many of which have found that inmates’ e-mail communications with their attorneys are not privileged because by using the federal prison e-mail system, which warns users that conversations can be ...