Digital Commons Network^™

Theories Of Truth Finding In Criminal Procedure: An Evolutionary Approach, John D. Jackson

Cardozo Law Review

No abstract provided.

The Admissibility Of Laboratory Reports In Criminal Trials: The Reliability Of Scientific Proof, Paul C. Giannelli

Faculty Publications

No abstract provided.

Proving The Defendant's Bad Character, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The classic study of the American jury shows that when a defendant's criminal record is known and the prosecution's case has weaknesses, the defendant's chances of acquittal are thirty-eight percent, compared to sixty-five percent otherwise. Because of the danger that jurors will assume that the defendant is guilty based on proof that his bad character predisposes him to an act of crime, the courts and legislatures have attempted to circumscribe the use of such evidence. Some prosecutors, however, although well aware of the insidious effect such prejudicial evidence can have on jurors, violate the rules of evidence, as well as …

The Skeleton In The Closet: The Battered Woman Syndrome, Self Defense, And Expert Testimony, Victoria M. Mather

Faculty Articles

The criminal justice system must deal fairly, through the use of expert testimony, with the battered woman who strikes back at her abuser with deadly results. Society-at-large does not understand the battered woman, the batterer, and their relationship; historically, the criminal justice system’s response to the predicament of the battered woman has been ineffective.

The use of expert testimony in homicide cases where an allegedly battered wife kills her abuser and then claims self-defense is a controversial proposition. The evidence, however, shows that women are frequently the victims of abuse, that patterns of behavior associated with battering relationships usually exist, …

Rule 609(A) In The Civil Context: A Recommendation For Reform, Teree E. Foster

Fordham Law Review

No abstract provided.

Don't Be Cowed By Scientific Evidence: A Pretrial Primer For Prosecutors And Defense Attorneys, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.

Resurrection Of The Ultimate Issue Rule Federal Rule Of Evidence 704 (B) And The Insanity Defense , Anne Lawson Braswell

Cornell Law Review

No abstract provided.

Evidence: The Exclusionary Rule In Civil Administrative Hearings: Turner V. City Of Lawton, Scott Meacham

Oklahoma Law Review

No abstract provided.

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

Villanova Law Review (1956 - )

No abstract provided.

Minnesota's Hearsay Exception For Child Victims Of Sexual Abuse

William Mitchell Law Review

No abstract provided.

Expert Testimony, Paul C. Giannelli

Faculty Publications

No abstract provided.

Evidence, Cynthia L. Hammond, Harriet Mcb. Johnson

South Carolina Law Review

No abstract provided.

Criminal Justice And The Mental Health Expert: A Critical Examination, Elliot. Shamis

Retrospective Theses and Dissertations

No abstract provided.

Dangerousness And Expertise, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The defendant-first approach advocated in this Article is more difficult to implement than either the current policy admitting any proffered expert testimony or the exclusionary reform advanced by many commentators. It requires some mechanism for apprising the state when the defense intends to use clinical prediction testimony. When no such intent is registered, it demands that any other clinical testimony, whether offered by the state or the defense, be carefully monitored to insure that the dangerousness issue is not raised; it may require revamping other procedures as well.2 " But the defendant-first approach also presents the factfinder with the most …

Jackson V. Virginia: Reopening The Pandora's Box Of The Legal Sufficiency Of Drug Identification Evidence, Edward J. Imwinkelried

Kentucky Law Journal

No abstract provided.

Evaluating The Expert: Judicial Expectations Of Expert Opinion Evidence In Child Placement Adjudications, Jane W. Ellis

Cardozo Law Review

No abstract provided.

Eyewitness Confidence And The Impact Of Expert Testimony By A Psychologist Versus An Opposing Psychologist, Jonette R. Zulauf

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Protecting Society And Defendants Too: The Constitutional Dilemma Of Mental Abnormality And Intoxication Defenses, Susan F. Mandiberg

Fordham Law Review

No abstract provided.

Evidence, Linda S. Williams

West Virginia Law Review

No abstract provided.

United States V. Leon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Eyewitness Confidence And The Impact Of Expert Testimony By A Psychologist Versus Judge's Instructions, Charles E. Weisser

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan

Faculty Publications

Although pretrial litigation often seems to render trial on the merits something of an anti-climax, adversarial adjudication is of course the focus of the criminal justice system, military or civilian. Once trial on the merits has begun, trial and defense counsel naturally utilize the rules of evidence in the fashion most likely to make the most of the evidence available to them. Yet, as all lawyers are aware, the period since the enactment of the Uniform Code of Military Justice has brought sweeping changes not only in military criminal law, but also in the "constitutionalization" of the law of evidence. …

The Exclusionary Rule In Germany, Craig M. Bradley

Articles by Maurer Faculty

The exclusionary rule that the Supreme Court has fashioned to suppress evidence obtained unconstitutionally is directed at least in part toward deterring police conduct that violates constitutional norms. Since the inception of the rule, the value and efficacy of a prescript that excludes otherwise relevant and probative evidence in a factfinding proceeding has been a subject of heated debate. In this Article, Professor Bradley examines the rather different exclusionary rules used in Germany. He argues that a comparison of exclusionary rules in Germany and the United States suggests that a number of different policies of a criminal justice system could …

The Acquisition Of Evidence For Criminal Prosecution: Some Constitutional Premises And Practices In Transition, H. Richard Uviller

Vanderbilt Law Review

This Article isolates only two of the many aspects of the Court's labors affecting the acquisition of evidence for criminal prosecution. The first concerns the allocation of primacy among the values that the exclusionary response to the illegal acquisition of evidence serves: a theoretical choice that may carry some notable practical consequences. The second requires are examination of the role of the trial court in supervising the preaccusatory search for evidence in a way that suggests the possible obsolescence of the Supreme Court's ruling credo in the Stewart era.

A Judicial Perspective On Opinion Evidence Under The Federal Rules, George C. Pratt

Washington and Lee Law Review

No abstract provided.

Forensic Hair Analysis: The Case Against The Underemployment Of Scientific Evidence, Edward J. Imwinkelried

Washington and Lee Law Review

No abstract provided.

The Business Papers Rule: Personal Privacy And White Collar Crime, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Not So Private Searches And The Constitution, John M. Burkoff

Cornell Law Review

No abstract provided.

Grand Jury: A Prosecutor Need Not Present Exculpatory Evidence

Washington and Lee Law Review

No abstract provided.

Capacity To Contest A Search And Seizure: The Passing Of Old Rules And Some Suggestions For New Ones, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Professor Slobogin examines recent Supreme Court decisions involving standing to challenge search and seizure violations, and argues that the Court's commitment to a "totality of the circumstances" approach has permitted erosion of fourth amendment protections. After concluding that these decisions provide little guidance to lower courts, Professor Slobogin offers a set of principles which will aid in analyzing the Court's direction.