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Enough Is Enough: The Law Court's Decision To Functionally Raise The "Reasonable Connection" Relevancy Standard In State V. Mitchell, Robert P. Hayes 2017 University of Maine School of Law

Enough Is Enough: The Law Court's Decision To Functionally Raise The "Reasonable Connection" Relevancy Standard In State V. Mitchell, Robert P. Hayes

Maine Law Review

In State v. Mitchell, the Maine Supreme Judicial Court, sitting as the Law Court, affirmed a jury verdict finding Thomas Mitchell guilty of a 1983 murder. In doing so, the Law Court examined two issues: First, whether the trial court “abused its discretion in excluding evidence of an alternative suspect”; and second, whether the trial court’s decision to admit evidence stemming from an autopsy performed two decades before the trial violated the Confrontation Clause of the United States Constitution. In reaching the alternative suspect decision, the Law Court held that the evidence proffered by Mitchell did not establish a ...


Discharging State V. Hurd: Maine Rule Of Evidence 606(B) Should Not Be Used To Prevent A Jury From Fully Reporting Its Verdict, William I. Olver 2017 University of Maine School of Law

Discharging State V. Hurd: Maine Rule Of Evidence 606(B) Should Not Be Used To Prevent A Jury From Fully Reporting Its Verdict, William I. Olver

Maine Law Review

In State v. Hurd, the Maine Supreme Judicial Court, sitting as the Law Court, was asked to decide if a jury may correct a mistake in the reporting of its verdict, mere moments after leaving the courtroom, once the court had declared that the jury was “discharged.” Ryan Hurd was charged with aggravated OUI, among other things, as a result of a crash involving Hurd’s car, which tragically resulted in one person losing his life. During the trial, because there was a dispute regarding whether Hurd was driving the car himself or asked a second person to drive the ...


The Prolonged Arm Of The Law: Fourth Amendment Principles, The Maynard Decision, And The Need For A New Warrant For Electronic Tracking, R. Reeve Wood III 2017 University of Maine School of Law

The Prolonged Arm Of The Law: Fourth Amendment Principles, The Maynard Decision, And The Need For A New Warrant For Electronic Tracking, R. Reeve Wood Iii

Maine Law Review

This article examines the decision in United States v. Maynard as well as the simultaneous emergence of a vocal set of magistrate judges advocating for Fourth Amendment protection for cell phone location information. It argues that, even if the Maynard rationale is widely adopted and the use of tracking devices is found to be a search, the Fourth Amendment principles of specificity and limited discretion on the part of government officers mean that the warrant frameworks currently in use will not provide adequate protection from the threat of government officers obtaining information for which they have not demonstrated a need ...


Avoid These Eleven Common Evidentiary Mistakes, John E. Rumel 2017 University of Idaho College of Law

Avoid These Eleven Common Evidentiary Mistakes, John E. Rumel

Faculty Scholarship

No abstract provided.


The Dangers Of E-Discovery And The New Federal Rules Of Civil Procedure, Ryan J. Reeves 2017 University of Oklahoma College of Law

The Dangers Of E-Discovery And The New Federal Rules Of Civil Procedure, Ryan J. Reeves

Oklahoma Journal of Law and Technology

No abstract provided.


The Moment Of Truth For Fmri: Will Deception Detection Pass Admissibility Hurdles In Oklahoma?, Julie Elizabeth Myers 2017 University of Oklahoma College of Law

The Moment Of Truth For Fmri: Will Deception Detection Pass Admissibility Hurdles In Oklahoma?, Julie Elizabeth Myers

Oklahoma Journal of Law and Technology

No abstract provided.


Evidence: Admissibility Vs. Weight In Scientific Testimony, David Faigman 2017 University of California, Hastings College of the Law

Evidence: Admissibility Vs. Weight In Scientific Testimony, David Faigman

The Judges' Book

No abstract provided.


Possession Of Child Exploitation Material In Computer Temporary Internet Cache, Sungmi Park, Yunsik Jake Jang, Joshua I. James 2017 Legal Informatics and Forensic Science Institute

Possession Of Child Exploitation Material In Computer Temporary Internet Cache, Sungmi Park, Yunsik Jake Jang, Joshua I. James

Journal of Digital Forensics, Security and Law

When considering the possession of child exploitation material U.S. and German courts have the same focus, but slightly different interpretations. This slight difference in interpretation could mean that in one country a defendant will be found guilty of possession while in the other country he or she could be found not guilty. In this work we examine the standards courts in Germany and the United States have used to combat child pornography, and analyze the approaches specifically related to viewing and possession of CEM. A uniform solution is suggested that criminalizes “knowing access with the intention to view” as ...


Discovering Forensic Fraud, Jennifer D. Oliva, Valena E. Beety 2017 West Virginia University

Discovering Forensic Fraud, Jennifer D. Oliva, Valena E. Beety

Northwestern University Law Review

This Essay posits that certain structural dynamics, which dominate criminal proceedings, significantly contribute to the admissibility of faulty forensic science in criminal trials. The authors believe that these dynamics are more insidious than questionable individual prosecutorial or judicial behavior in this context. Not only are judges likely to be former prosecutors, prosecutors are “repeat players” in criminal litigation and, as such, routinely support reduced pretrial protections for defendants. Therefore, we argue that the significant discrepancies between the civil and criminal pretrial discovery and disclosure rules warrant additional scrutiny.

In the criminal system, the near absence of any pretrial discovery means ...


The Unintended Consequences Of California Proposition 47: Reducing Law Enforcement’S Ability To Solve Serious, Violent Crimes, Shelby Kail 2017 Pepperdine University

The Unintended Consequences Of California Proposition 47: Reducing Law Enforcement’S Ability To Solve Serious, Violent Crimes, Shelby Kail

Pepperdine Law Review

For many years, DNA databases have helped solve countless serious, violent crimes by connecting low-level offenders to unsolved crimes. Because the passage of Proposition 47 reduced several low-level crimes to misdemeanors, which do not qualify for DNA sample collection, Proposition 47 has severely limited law enforcement’s ability to solve serious, violent crimes through California’s DNA database and reliable DNA evidence. This powerful law enforcement tool must be preserved to prevent additional crimes from being committed, to exonerate the innocent, and to provide victims with closure through conviction of their assailants or offenders. Proposition 47’s unintended consequences have ...


Adjudicated Juveniles And Collateral Relief, Joshua A. Tepfer, Laura H. Nirider 2017 University of Maine School of Law

Adjudicated Juveniles And Collateral Relief, Joshua A. Tepfer, Laura H. Nirider

Maine Law Review

Collateral relief is a vital part of the American criminal justice system. By filing post-conviction petitions after the close of direct appeal, defendants can raise claims based on evidence outside the record that was not known or available at the time of trial. One common use of post-conviction relief is to file a claim related to a previously unknown constitutional violation that occurred at trial, such as ineffective assistance of counsel. If a defendant’s trial attorney performed ineffectively by failing to call, for instance, an alibi witness, then that omission is unlikely to be reflected in the trial record ...


Commissioning Innocence And Restoring Confidence: The North Carolina Innocence Inquiry Commission And The Missing Deliberative Citizen, Mary Kelly Tate 2017 University of Maine School of Law

Commissioning Innocence And Restoring Confidence: The North Carolina Innocence Inquiry Commission And The Missing Deliberative Citizen, Mary Kelly Tate

Maine Law Review

Since 1989, the United States has witnessed 289 DNA exonerations, with exonerees serving an average of thirteen years in prison. Although DNA an its unmatched power for the conclusive results is what brought popular attention to wrongful convictions, the scope of the problem is vastly larger than the number of known DNA exonerations. The actual number of convicted individuals who are factually innocent is unknown. The state of North Carolina has recently responded to this national crisis via a newly created state agency. This essay applauds North Carolina’s response, but urges that ordinary citizens, qua jurors, be active participants ...


Following The Rules: Exclusion Of Witness, Sequestration, And No-Consultation Orders, Richard H. Underwood 2017 University of Kentucky College of Law

Following The Rules: Exclusion Of Witness, Sequestration, And No-Consultation Orders, Richard H. Underwood

Richard H. Underwood

In this Article, Professor Underwood discusses the varying application of Rule 615 of the Federal Rules of Evidence, which provides for the exclusion of witnesses. He explains that varying application of Rule 615 and state evidence rules following Rule 615's language creates misunderstandings at trial. Thus, it is important to know not only the federal and local rules but also the "way things are done" in a particular court.


Ringers Revisited, Richard H. Underwood 2017 University of Kentucky College of Law

Ringers Revisited, Richard H. Underwood

Richard H. Underwood

In this short essay, Professor Underwood addresses an important development in the law dealing with eyewitness testimony and the New Jersey case of State v. Henderson. He gets at the subject by looking back to a 1950s television play starring fellow Kentucky resident, William Shatner. However, in this particular instance, William Shatner would not change the world.


Reflections On Motion Picture Evidence, Brian L. Frye 2017 University of Kentucky College of Law

Reflections On Motion Picture Evidence, Brian L. Frye

Brian L. Frye

Courts have long admitted motion pictures as evidence. But until recently, making motion pictures was expensive and cumbersome. Today, making motion pictures is cheap and easy. And as a result, people make so many of them. As Cocteau predicted, the democratization of motion pictures has enabled people to create new forms of motion picture art. But it has also enabled people to create new forms of motion picture evidence. This article offers a brief history of motion picture evidence in the United States, and reflects on the use of motion picture evidence by the Supreme Court.


Policing The Immigrant Identity, Eda Katharine Tinto 2017 University of Florida Levin College of Law

Policing The Immigrant Identity, Eda Katharine Tinto

Florida Law Review

Information concerning an immigrant’s “identity” is critical evidence used by the government in a deportation proceeding. Today, the government collects immigrant identity evidence in a variety of ways: a local police officer conducts a traffic stop and obtains a driver’s name and date of birth, fingerprints taken at booking link to previously acquired biographical information, and a search of a national database reveals a person’s country of origin. Data suggests that in an increasing number of cases, police collect immigrant identity evidence following an unlawful search and seizure in violation of the Fourth Amendment to the U ...


State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr 2017 Selected Works

State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr

John (Bernie) Corr

No abstract provided.


The Forensic Community Can Educate Lawyers, Judges, Robert M. Sanger 2017 Santa Barbara College of Law

The Forensic Community Can Educate Lawyers, Judges, Robert M. Sanger

Robert M. Sanger

Forensic science has made significant strides in elevating the standards for forensic analysis, reporting and testimony over the last few years. Yet, lawyers and judges lag far behind in understanding the significance of these strides. There is an attempt to educate law students in the law schools and to educate lawyers and judges through continuing legal and judicial education but it is slow in finding its way into the actual courtroom. Therefore, while there is progress at the highest levels of forensic science, a lot of "junk" science competes for the attention of jurors.

Forensic scientists can help educate the ...


An Evidentiary Oddity: “Careful Habit” – Does The Law Of Evidence Embrace This Archaic/Modern Concept?, 43 Ohio N.U. L. Rev. 293 (2017), Marc Ginsberg 2017 John Marshall Law School

An Evidentiary Oddity: “Careful Habit” – Does The Law Of Evidence Embrace This Archaic/Modern Concept?, 43 Ohio N.U. L. Rev. 293 (2017), Marc Ginsberg

Marc D. Ginsberg

The concept of the “careful habit”[i] is intriguing. The law of evidence vigorously distinguishes between character evidence (largely inadmissible)[ii] and habit evidence (presumptively admissible).[iii] Character is understood as a propensity to act in a certain fashion[iv]—a person’s disposition. Habit is understood as non-volitional, repetitive specific conduct, in response to stimuli, over a rather lengthy period of time.[v] “Carefulness” is known by the law as a character trait.[vi] Carefulness should not be confused with habit, yet this confusion has occurred in multiple jurisdictions, many years ago and recently. This paper seeks to explore ...


Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky 2017 Selected Works

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


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