Law Commons^™

The Admissibility Of Polygraph ("Lie Detector") Evidence Pursuant To Stipulation In Criminal Proceedings, Bruce C. Heslop

Akron Law Review

American courts have traditionally held that evidence pertaining to the results of a lie-detector test is inadmissible in a criminal proceeding on behalf of either the prosecution or defense….In recent years, however, a few jurisdictions have withdrawn from the traditional approach and have admitted lie-detector evidence in limited situations, notwithstanding objection by the adverse party….The decision of whether or not to adopt the approach presented here must critically evaluate the potential value of polygraph evidence along with its potential dangers. In so doing, the courts of Ohio should determine whether a procedure may be devised to maximize the value and …

Evidence - Admissibility Of Statements To Parole Officer - Miranda Warnings; State V. Gallagher, Thomas A. Treadon

Akron Law Review

The opinion handed down in this recent decision from the Montgomery County Court of Appeals examined a question of first impression in the courts of Ohio. The issue presented was "whether a parole or probation officer is a law enforcement officer within the contemplation of Miranda and thus subject to the Miranda requirements of constitutional warnings to suspects during custodial interrogation...."

Admissibility Of Voiceprints Not Limited To "Corroborative Purposes" Unted States V. Franks, R. Brent Chapman

Akron Law Review

ON FEBRUARY 12, 1975, the United States Court of Appeals for the Sixth Circuit decided United States v. Franks,' affirming a district court ruling, which permitted the use of voiceprints for purposes of identification and marking the first occasion in which a circuit court had held such evidence admissible.

Affirmative Defenses; Defendant's Burden Of Proof: Defense Of Extreme Emotional Disturbance; Due Process; Patteron V. New York, Lee Ann Johnson

Akron Law Review

The United States Supreme Court in Patterson v. New York upheld the constitutionality of a New York murder statute which places on the defendant the burden of proving extreme emotional disturbance. The Court thereby determined that New York courts in applying the statute against defendant Gordon Patterson had not violated his right to due process of law

Motor Vehicles; Driving While Intoxicated; Section 4511.19; Implied Consent; Aurora V. Kepley, Amie Bruggeman

Akron Law Review

With the constant problem of accidents caused by drinking drivers and the fairly reliable results of breathalyzer tests established, judicial decisions have upheld the statutory scheme providing for its use through an era when rights of an accused have been greatly expanded. It has been held that the breathalyzer test results are not testimonial but physical evidence and therefore not protected by the Fifth Amendment privilege against self-incrimination. Thus, the accused has no constitutional right to refuse to take the test, and the prosecutor may comment at the trial on his refusal relying on its' probative value as to whether …

Sixth Amendment; Right Of Confrontation Limitations On The Bruton Rule; Parker V. Randolph, Edward P. Mazak

Akron Law Review

In some joint criminal trials the right of one defendant to refrain from self incrimination may come into conflict with the right of another defendant to confront the witnesses against him. The problem arises when one defendant refuses to testify at trial after having made a voluntary, out of court statement which tends to implicate a second defendant. The rules of evidence allow the statement to be introduced at trial only against the party making it; its use against the implicated defendant is excluded as hearsay.' The rules also provide for the court to instruct the jury on the limited …

Admissibility Of Scientific Evidence: Voice Spectrography, Linda C. Ashar

Akron Law Review

In State v Williams, the Ohio Supreme Court addressed for the first time the issue of admissibility of voice analysis as identification evidence. The court ruled that expert testimony and exhibits based on voice spectrography analysis are admissible if they are relevant and will assist the trier of fact. Williams also pronounces how Ohio courts should evaluate the admissibility of scientific evidence.

Ohio's "Sacred Seal Of Secrecy": The Rules Of Spousal Incompetency And Martial Privilege In Criminal Cases, Wilson R. Huhn

Akron Law Review

In the remainder of this essay the rules of spousal incompetency and marital privilege are compared and contrasted, the history of the rules in Ohio is traced, the underlying justifications for the rules are discussed, and a pitch is made for repeal of both rules, substituting the single rule of spousal immunity described above.

Wiggins V. State: Receiving A Fair Trial Under The Specter Of Aids, Charles Zamora

Akron Law Review

Wiggins v. State presented two unique issues: (1) whether it was proper to authorize courtroom security personnel to use prophylactic apparel while escorting a defendant merely suspected of having acquired immunodeficiency syndrome (AIDS), and (2) the extent to which this handling procedure impacted the jury.

This Note will analyze the Wiggins decision, emphasizing the court's reasoning as it pertains to the following: (1) the guarantee of a fair and impartial jury trial for defendants either having or being suspected of having AIDS; (2) the permissible exercise of discretion by the trial judge in authorizing precautions during the course of the …

After Rape Law: Will The Turn To Consent Normalize The Prosecution Of Sexual Assault?, Donald Dripps

Akron Law Review

This essay explores the new rape exceptionalism. My thesis holds that rape exceptionalism is rooted in a divide between elite opinion, reflected in statutes, court decisions, and academic commentary, and popular opinion, as reflected in jury verdicts. Elite opinion values sexual autonomy and suspects, when it does not despise, sexual aggression. Popular opinion supposes that sexual autonomy may be forfeited by female promiscuity or flirtation, and views male sexual aggression as natural, if not indeed admirable...pressions of consent,8 is an academic exercise. If we really want to normalize rape law, we must bypass the jury openly. We can’t conceal the …

Black Boxes: Fmri Detection And The Role Of The Jury, Julie Seaman

Akron Law Review

Before I offer some thoughts on that question, let me mention three real-life cases in which cutting-edge neuroscientific evidence either did – or conceivably might in a not-so-distant future – influence the outcome of a criminal prosecution. In the first case, reported last week in the New York Times, EEG brain-fingerprinting-type evidence was admitted against a woman on trial in India for murdering her husband. She was convicted. In the second case, in England recently, neuroscientists performed an fMRI lie-detection scan on a woman who had previously been convicted of poisoning a child in her care. She claimed that she …

"His Brain Has Been Mismanaged With Great Skill": How Will Jurors Respond To Neuromimaging Testimony In Insanity Defense Cases?, Michael L. Perlin

Akron Law Review

A review of the literature on neuroimaging, predictably, reveals a broad array of positions, promises and prophecies. Carter Snead argues that the ambition of cognitive neuroscientists is “to use the claims of their discipline and the new powers conferred by neuroimaging to overthrow retributive justice as a legitimate justification for criminal sanctions.” In this paper, I do not take sides on this debate. Rather, I discuss a related, but distinctly separate issue: which of these positions will jurors think is right, especially in the context of deciding insanity defense cases. The primary and robust debate that has taken place so …

Full Disclosure: Cognitive Science, Informants, And Search Warrant Scrutiny, Mary Nicol Bowman

Akron Law Review

This article aims to improve the quality of evidence gathering and interpretation at one crucial phase of investigations: the evaluation of search warrant applications. Part II of this article provides background on the search warrant application process, including how courts evaluate such applications based on informants’ tips and how defendants can subsequently challenge those decisions. Part III then discusses the ways in which cognitive biases can affect each stage of the search warrant process. Part IV provides my suggested solutions to the problems identified, all of which fall under the general umbrella of full disclosure. That part argues that education …