Digital Commons Network^™

Videotaping Children's Testimony: An Empirical View, Paula E. Hill, Samuel M. Hill

Michigan Law Review

Increases in the number of reported incidents of child abuse and sexual molestation have resulted in more and younger children becoming courtroom participants. Some courts refuse to consider the special needs of the child in this adversarial environment. Relying on questionable precedent, these courts hold that the defendant's right to directly confront the child, as well as strict compliance with evidentiary rules, overrides that child's interest in freedom from embarrassment or psychological trauma. This Note focuses on pressures felt by the testifying child and the ways in which these pressures affect her testimony; it then proposes using videotaped testimony as …

Legal Protection For The Confidentiality Of Health Care Information In Pennsylvania: Patient And Client Recovery For Unauthorized Extra-Legal Disclosure, Richard C. Turkington

Villanova Law Review (1956 - )

No abstract provided.

Use Immunity Advisements And The Public Employee's Assertion Of The Fifth Amendment Privilege Against Self-Incrimination

Washington and Lee Law Review

No abstract provided.

A Subject Matter Approach To Hearsay Reform, Roger C. Park

Faculty Scholarship

No abstract provided.

Loss Of Innocence: Eyewitness Identification And Proof Of Guilt, Samuel R. Gross

Articles

It is no news that eyewitness identification in criminal cases is a problem; it is an old and famous problem. Judges and lawyers have long known that the identification of strangers is a chancy matter, and nearly a century of psychological research has confirmed this skeptical view. In 1967 the Supreme Court attempted to mitigate the problem by regulating the use of eyewitness identification evidence in criminal trials; since then it has retreated part way from that effort. Legal scholars have written a small library of books and articles on this problem, the courts' response to it, and various proposed …

Edward L. Barrett, Jr.: The Critic With 'That Quality Of Judiciousness Demanded Of The Court Itself', Yale Kamisar

Articles

Barrett was as talented and as dedicated a law teacher as any of his distinguished (or soon-to-become-distinguished) contemporaries. But Barrett resisted the movement toward new rights in fields where none had existed before. At least, he was quite uneasy about the trend. To be sure, others in law teaching shared Barrett's concern that the clock was spinning too fast. Indeed, some others were quite vociferous about it.' But because his criticism was cerebral rather than emotional - because he fairly stated and fully explored the arguments urging the courts to increase their tempo in developing constitutional rights - Barrett was …

Media Access To Tape-Recorded Evidence In Criminal Trials, Lisa Kahaty Starczewski

Villanova Law Review (1956 - )

No abstract provided.

Substantive Admissibility Of A Non-Party Witness' Prior Inconsistent Statements: Pennsylvania Adopts The Modern View, Jennifer L. Hilliard

Villanova Law Review (1956 - )

No abstract provided.

Repuation And Character In Defamation Actions, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi

Buffalo Law Review

No abstract provided.

Interlocutory Appeal Of Preindictment Suppression Motions Under Rule 41 ( E ), Clifford A. Godiner

Michigan Law Review

This Note argues that preindictment rulings denying 41(e) motions are not immediately appealable. Part I discusses decisions that mandate dismissal of such appeals for want of jurisdiction. Part II examines the policy rationales behind these precedents. Finally, Part III argues that an adequate remedy exists outside of rule 41(e), rendering immediate appellate review of rulings on 41(e) motions unnecessary.

Admission Of Evidence Of Other Misconduct In Washington To Prove Intent Or Absence Of Mistake Or Accident: The Logical Inconsistencies Of Evidence Rule 404(B), Eric D. Lansverk

Washington Law Review

In Washington, the introduction of evidence of other misconduct to show intent or absence of mistake or accident has proven particularly troublesome. Washington courts have made no attempt to delineate the differences between proof of intent and proof of absence of mistake or accident. Nor have they satisfactorily distinguished either of the proofs from a mere showing of propensity to commit crime. By failing to make these distinctions, the courts undermine the letter and spirit of ER 404(b). The lack of clear standards to guide application of the intent and absence of mistake or accident aspects of ER 404(b) leaves …

The Emerging "Victim Factor" In The Supreme Court's Criminal Jurisprudence: Should Victims' Interests Ever Prevent A Court From Overturning A Conviction And Ordering A Retrial?, Roger A. Pauley

Indiana Law Journal

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.

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.

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.

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 …

The Exclusionary Rule: A Disputation, Peter Lushing

Cardozo Law Review

Four-thirty p.m.: the lawyer's decompression hour. Court has just adjourned. The belligerents and (dare we say it) a judge or two recuperate in saloons close by the courthouse; their families can wait. In one tavern, a rear booth is about to be occupied by Mark earnest young county prosecutor. Mark is on the verge of that time when a criminal lawyer begins to doubt the sanity of the system and, perforce, his own integrity. He will be joined by Sam, a born defense counsel. Sam secretly worships America's criminal justice system for its holy commitment to procedural regularity. He has …

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

Faculty Scholarship

No abstract provided.

The Hearsay Rule And The Stability Of Verdicts: A Response To Professor Nesson, Roger C. Park

Faculty Scholarship

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.

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."

Does A Criminal Defendant Have A Constitutional Right To Compel The Production Of Privileged Testimony Through Use Immunity, Louis M. Natali Jr.

Villanova Law Review (1956 - )

No abstract provided.

The Federal Rules Of Evidence In The States: A Ten-Year Perspective, L. Kinvin Wroth

Villanova Law Review (1956 - )

No abstract provided.

The Need To Amend Federal Rule Of Evidence 404(B): The Threat To The Future Of The Federal Rules Of Evidence, Edward J. Imwinkelried

Villanova Law Review (1956 - )

No abstract provided.

Expert Testimony, Paul C. Giannelli

Faculty Publications

No abstract provided.

Prior Inconsistent Statements As Substantive Evidence: Illinois Takes The Sting Out Of The Turncoat Witness, 19 J. Marshall L. Rev. 69 (1985), Mark D. Krauskopf

UIC Law Review

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

Publications

No abstract provided.