Open Access. Powered by Scholars. Published by Universities.®

Evidence Commons

Open Access. Powered by Scholars. Published by Universities.®

2,934 Full-Text Articles 2,045 Authors 914,707 Downloads 102 Institutions

All Articles in Evidence

Faceted Search

2,934 full-text articles. Page 1 of 53.

International White Collar Crime And The Globalization Of Internal Investigations, Lucian E. Dervan 2016 Southern Illinois University School of Law

International White Collar Crime And The Globalization Of Internal Investigations, Lucian E. Dervan

Fordham Urban Law Journal

Much has been written about the methods by which counsel may efficiently, thoroughly, and credibly conduct internal investigations. Given the globalization of such matters, however, this Article seeks to focus on the challenges present when conducting an internal investigation of potential international white-collar criminal activity. In Part I, this Article will examine the challenges of selecting counsel to perform internal investigations abroad. In particular, consideration will be given to global standards regarding the application of the attorney-client privilege and work product protections. In Part II, this Article will discuss the influence of data privacy and protection laws in various countries ...


Third Annual Lecture On Legal Education With Jennifer L. Mnookin Of Ucla Law Part Ii, "Constructing Evidence And Educating Juries: The Case For Modular, Made-In-Advance Expert Evidence About Eyewitness Identifications And False Confessions", Jennifer L. Mnookin 2016 UCLA School of Law

Third Annual Lecture On Legal Education With Jennifer L. Mnookin Of Ucla Law Part Ii, "Constructing Evidence And Educating Juries: The Case For Modular, Made-In-Advance Expert Evidence About Eyewitness Identifications And False Confessions", Jennifer L. Mnookin

Faculty Workshops

Professor Jennifer L. Mnookin, of UCLA School of Law, presented her work Constructing Evidence and Educating Juries: The Case for Modular, Made-in-Advance Expert Evidence About Eyewitness Identifications and False Confessions. This work examines the comparison of the idea of modular testimony to several alternative methods for trying to reduce the dangers of inaccurate eyewitness identifications and false confessions.


Deferring To A Higher Power: Knowing How To Mesh State Court, High Court, Timothy O'Neill 2016 John Marshall Law School

Deferring To A Higher Power: Knowing How To Mesh State Court, High Court, Timothy O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin


Valence, Implicated Actor, And Children's Acquiescence To False Suggestions, Kyndra C. Cleveland, J A. Quas, Thomas D. Lyon 2016 University of California, Irvine

Valence, Implicated Actor, And Children's Acquiescence To False Suggestions, Kyndra C. Cleveland, J A. Quas, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Although adverse effects of suggestive interviewing on children's accuracy are well documented, it remains unclear as to whether these effects vary depending on the valence of and the actor implicated in suggestions. In this study, 124 3-8-year-olds participated in a classroom activity and were later questioned about positive and negative false details. The interviewer provided positive reinforcement when children acquiesced to suggestions and negative feedback when they did not. Following reinforcement or feedback, young children were comparably suggestible for positive and negative details. With age, resistance to suggestions about negative details emerged first, followed by resistance to suggestions about ...


Repeated Self- And Peer-Review Leads To Continuous Improvement In Child Interviewing Performance, Stacia N. Stolzenberg, Thomas D. Lyon 2016 Arizona State University

Repeated Self- And Peer-Review Leads To Continuous Improvement In Child Interviewing Performance, Stacia N. Stolzenberg, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

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 (N¼19) 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 1-hr self- and peer-reviews. The proportion of each question type was calculated (option-posing, Wh- questions [what, how, where, why, when, and who], and open-invitations) within each interview for each interviewer. Across 10 weeks of interviews, interviewers consistently improved their performance, decreasing the ...


Thirteenth Birthday A Cutoff Between Automatic Lawyer And Miranda Rights, Timothy P. O'Neill 2016 John Marshall Law School

Thirteenth Birthday A Cutoff Between Automatic Lawyer And Miranda Rights, Timothy P. O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin


Rule 706: An Underutilized Tool To Be Used When Partisan Experts Become "Hired Guns", Bradford H. Charles 2016 Villanova University School of Law

Rule 706: An Underutilized Tool To Be Used When Partisan Experts Become "Hired Guns", Bradford H. Charles

Villanova Law Review

No abstract provided.


Milkovich V. Lorain Journal Twenty-Five Years Later: The Slow, Quiet, And Troubled Demise Of Liar Libel, Len Niehoff, Ashley Messenger 2016 University of Michigan Law School

Milkovich V. Lorain Journal Twenty-Five Years Later: The Slow, Quiet, And Troubled Demise Of Liar Libel, Len Niehoff, Ashley Messenger

University of Michigan Journal of Law Reform

In Milkovich v. Lorain Journal Co., the Supreme Court held that there is no separate constitutional protection for statements of opinion. It also held that an accusation that an individual lied is a statement of fact actionable in defamation. Lower courts have, correctly in our view, essentially ignored both holdings. In Part I we discuss Milkovich and the infirmities in its reasoning. In Part II we discuss the complex nature of lies and accusations of lies and argue that Milkovich failed to account for that complexity. In Part III we discuss the strategies the lower courts have used to steer ...


How To Get Away With Career Murder: The Unconstitutional Blueprint For Systematically Purging Whistleblowers From U.S. Law Enforcement, Zena D. Crenshaw-Logal, Dr. Andrew D. Jackson, Dr. Sandra Nunn 2015 National Judicial Conduct and Disability Law Project, Inc.

How To Get Away With Career Murder: The Unconstitutional Blueprint For Systematically Purging Whistleblowers From U.S. Law Enforcement, Zena D. Crenshaw-Logal, Dr. Andrew D. Jackson, Dr. Sandra Nunn

Zena D. Crenshaw-Logal

Obviously U.S. state or federal prosecutors can be among the conspirators subjecting any given law enforcement whistleblower to retaliatory criminal prosecution.  In most instances such misdeeds are only under the color of law, i.e., they are the handy work of rogue government agents and do not constitute sovereign acts. However, according to the authors, an official or sovereign choice to “prefer” these oppressors is made each time a U.S. government agency opts not to thoroughly investigate their alleged whistleblower retaliation. The authors submit that all related convictions are accordingly void.  In addition to the “sworn public officer ...


Disruptions’ Function: A Defense Of (Some) Form Objections Under The Newly Amended Federal Rules Of Civil Procedure, Amir Shachmurove, Amir Shachmurove 2015 United States District Court, Middle District of Louisiana

Disruptions’ Function: A Defense Of (Some) Form Objections Under The Newly Amended Federal Rules Of Civil Procedure, Amir Shachmurove, Amir Shachmurove

Amir Shachmurove

Originally seen as a sharp and efficient instrument for the discovery of truth and the sifting of facts, the effectiveness of the oral deposition authorized by Federal Rule of Civil Procedure 30 and governed by sundry other provisions, observers would later conclude, had been dulled by the Rules’ middle-age. Repeated objections, often lengthy and suggestive, had apparently rendered depositions increasingly long and unproductive, and exchanges akin to the ones excerpted throughout this piece are no longer unusual. True, many depositions smoothly transpired. Still, pesky objections of dubious need and value, their exclamation inconsistent with the collegiality implicitly favored by the ...


Expert Prevalence, Persuasion And Price: What Trial Participants Really Think About Experts, Andrew Jurs 2015 Drake University

Expert Prevalence, Persuasion And Price: What Trial Participants Really Think About Experts, Andrew Jurs

Andrew W Jurs

The importance of expert witnesses to modern litigation is clear, but the lack of reliable data about experts and their effectiveness in court is remarkable. Several studies have touched on the issue in recent decades, but the most comprehensive research in the area is based upon survey responses collected in 1988 and 1991.

To fill the gap, this study offers a two-step analysis of experts in actual civil jury trials. First, judicial records of trials revealed both the percentage of cases with experts and the number of experts per case. Second, surveys of the trial participants – judges, attorneys, experts and ...


Moultrie V. State, 131 Nev. Adv. Op. 93 (Dec. 24, 2015), Cassandra Ramey 2015 Nevada Law Journal

Moultrie V. State, 131 Nev. Adv. Op. 93 (Dec. 24, 2015), Cassandra Ramey

Nevada Supreme Court Summaries

The Court of Appeals determined that the district court did not abuse its discretion by allowing the State to file an information by affidavit more than 15 days after the preliminary examination concluded, when the justice court committed an “egregious error,” and “the defendant was discharged but not prejudiced by the delay.” Further, the Court defines “egregious error” as when “a charge was erroneously dismissed or a defendant was erroneously discharged based on a magistrate’s error.” Due to the justice court’s egregious errors in the preliminary examination that resulted in appellant’s discharge, the Court found that the ...


Berry V. State, 131 Nev. Adv. Op. No. 96 (Dec. 24, 2015), Brittany L. Shipp 2015 Nevada Law Journal

Berry V. State, 131 Nev. Adv. Op. No. 96 (Dec. 24, 2015), Brittany L. Shipp

Nevada Supreme Court Summaries

The issue before the Court was an appeal from a district court order dismissing a post-conviction petition for writ of habeas corpus. The Court reversed and remanded holding that the district court improperly discounted the declarations in support of the appellant’s petition, which included a confession of another suspect, whom the petitioner implicated as the real perpetrator at trial. The Court held that these declarations were sufficient to merit discovery, and an evidentiary hearing on Petitioner Berry’s gateway actual innocence claim.


Conviction Review Units: A National Perspective, John Hollway 2015 University of Pennsylvania Law School

Conviction Review Units: A National Perspective, John Hollway

Faculty Scholarship

Over the past 25 years, Americans have become increasingly aware of a vast array of mistakes in the administration of justice, including wrongful convictions, situations where innocent individuals have been convicted and incarcerated for crimes they did not commit. The most prevalent institutional response by prosecutors to address post-conviction fact-based claims of actual innocence is the Conviction Review Unit (CRU), sometimes called the Conviction Integrity Unit. Since the creation of the first CRU in the mid-2000s, more than 25 such units have been announced across the country; more than half of these have been created in the past 24 months ...


Eliciting Maltreated And Nonmaltreated Children's Transgression Disclosures: Narrative Practice Rapport Building And A Putative Confession, Thomas D. Lyon, Lindsay Wandrey, Elizabeth C. Ahern, Robyn Licht, Megan P.Y. Sim, J A. Quas 2015 University of Southern California

Eliciting Maltreated And Nonmaltreated Children's Transgression Disclosures: Narrative Practice Rapport Building And A Putative Confession, Thomas D. Lyon, Lindsay Wandrey, Elizabeth C. Ahern, Robyn Licht, Megan P.Y. Sim, J A. Quas

University of Southern California Legal Studies Working Paper Series

This study tested the effects of narrative practice rapport building (asking open-ended questions about a neutral event) and a putative confession (telling the child an adult “told me everything that happened and he wants you to tell the truth”) on 4- to 9-year-old maltreated and nonmaltreated children’s reports of an interaction with a stranger who asked them to keep toy breakage a secret (n = 264). Only one third of children who received no interview manipulations disclosed breakage; in response to a putative confession, one half disclosed. Narrative practice rapport building did not affect the likelihood of disclosure. Maltreated children ...


The Productivity Of Wh- Prompts In Child Forensic Interviews, Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon 2015 University of Cambridge

The Productivity Of Wh- Prompts In Child Forensic Interviews, Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Child witnesses are often asked wh- prompts (what, how, why, who, when, where) in forensic interviews. However, little research has examined the ways in which children respond to different wh- prompts and no previous research has investigated productivity differences among wh- prompts in investigative interviews. This study examined the use and productivity of wh- prompts in 95 transcripts of 4- to 13-year-olds alleging sexual abuse in child investigative interviews. What-how questions about actions elicited the most productive responses during both the rapport building and substantive phases. Future research and practitioner training should consider distinguishing among different wh- prompts.


48 Cleveland Quas Lyon Valence Adp Pub.Pdf, Kyndra C Cleveland, Jodi A. Quas, Thomas D. Lyon 2015 University of California, Irvine

48 Cleveland Quas Lyon Valence Adp Pub.Pdf, Kyndra C Cleveland, Jodi A. Quas, Thomas D. Lyon

Thomas D. Lyon

Although adverse effects of suggestive interviewing on children's accuracy are well documented, it remains unclear as to whether these effects vary depending on the valence of and the actor implicated in suggestions. In this study, 124 3-8-year-olds participated in a classroom activity and were later questioned about positive and negative false details. The interviewer provided positive reinforcement when children acquiesced to suggestions and negative feedback when they did not. Following reinforcement or feedback, young children were comparably suggestible for positive and negative details. With age, resistance to suggestions about negative details merged first, followed by resistance to suggestions about ...


Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard Lempert, Shari Diamond, Valerie Hans, Stephan Landsman, Robert MacCoun, Joseph Sanders, Harmon Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz 2015 Cornell Law School

Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard Lempert, Shari Diamond, Valerie Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz

Robert MacCoun

This brief addresses the issue of jury performance and jury responses to expert testimony. It reviews and summaries a substantial body of research evidence about jury behavior that has been produced over the past quarter century. The great weight of that evidence challenges the view that jurors abdicate their responsibilities as fact finders when faced with expert evidence or that they are pro-plaintiff, anti-defendant, and anti-business.

The Petitioners and amici on behalf of petitioners make a number of overlapping, but empirically unsupported, assertions about jury behavior in response to expert testimony, namely that juries are frequently incapable of critically evaluation ...


Admissibility Of Scientific Evidence Under Daubert: The Fatal Flaws Of ‘Falsifiability’ And ‘Falsification’, barbara p. billauer esq 2015 University of Haifa University Faculty of Law

Admissibility Of Scientific Evidence Under Daubert: The Fatal Flaws Of ‘Falsifiability’ And ‘Falsification’, Barbara P. Billauer Esq

barbara p billauer esq

Abstract:

The Daubert mantra demands that judges, acting as gatekeepers, prevent para, pseudo or ‘bad’ science from infiltrating the courtroom. To do so, the Judges must first determine what “science” is? And then, what ‘good science’ is?

It is submitted that Daubert is seriously polluted with the notions of Karl Popper who sets ‘falsifiability’ and ‘falsification’ as the demarcation line for that determination. This inapt philosophy has intractably infected case law, leading to bad decisions immortalized as stare decisis. Among other problems, is the intolerance of Popper’s system for multiple causation, a key component of toxic- torts. Thus, the ...


Ohio V. Clark: Brief Of Amicus Curiae American Professional Society On The Abuse Of Children In Support Of Petitioner, Jeremy A. Lawrence, Daniel B. Levin, Kevin L. Brady, Maria Jhai, Thomas D. Lyon 2015 Munger, Tolles, and Olson, LLP

Ohio V. Clark: Brief Of Amicus Curiae American Professional Society On The Abuse Of Children In Support Of Petitioner, Jeremy A. Lawrence, Daniel B. Levin, Kevin L. Brady, Maria Jhai, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

“Testimonial” statements are inadmissible against criminal defendants under the Confrontation Clause unless the declarant was subject to cross-examination. Statements are testimonial if the primary purpose of the speaker and the interrogator was to create an out-of-court substitute for trial testimony. Ohio v. Clark (2015) considered whether a 3-year-old’s disclosure of abuse to his teacher is testimonial. This brief surveyed case law, statutory law, and psychological and criminological research in arguing that it is not. First, young children do not appreciate that their disclosures may be used at trial, because they do not fully understand the legal system. Furthermore, many ...


Digital Commons powered by bepress