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Full-Text Articles in Law
2018 Changes To The Evidence Act And Criminal Procedure Code - The Criminal Justice Reform Bill And Evidence (Amendment) Bill, Siyuan Chen, Eunice Chua
2018 Changes To The Evidence Act And Criminal Procedure Code - The Criminal Justice Reform Bill And Evidence (Amendment) Bill, Siyuan Chen, Eunice Chua
Research Collection Yong Pung How School Of Law
Various portions of the Evidence Act and Criminal Procedure Code were amended in 2018 vide the Criminal Justice Reform Bill and Evidence (Amendment) Bill; this was a continuation of a series of gradual but important changes to the criminal justice system that had begun in 2010 when the old Criminal Procedure Code was replaced. This legislation comment outlines and briefly analyses some of the most substantive changes brought about by the 2018 amendments: the video-recording of interviews in criminal proceedings; the introduction of a psychiatrist panel to regulate the reception of evidence from expert psychiatric witnesses in criminal proceedings; and …
Hearsay In The Smiley Face: Analyzing The Use Of Emojis As Evidence, Erin Janssen
Hearsay In The Smiley Face: Analyzing The Use Of Emojis As Evidence, Erin Janssen
St. Mary's Law Journal
Abstract forthcoming
Termination Of Hospital Medical Staff Privileges For Economic Reasons: An Appeal For Consistency, June D. Zellers, Michael R. Poulin
Termination Of Hospital Medical Staff Privileges For Economic Reasons: An Appeal For Consistency, June D. Zellers, Michael R. Poulin
Maine Law Review
The relationship between physicians and hospitals is undergoing significant change. Historically, a physician maintained a private practice in the community and looked to the local hospital for ancillary support when his or her patients were too ill to remain at home. This community-based physician gained access to the hospital by obtaining medical staff privileges. These privileges allowed the physician to admit patients to the hospital, treat patients while they were there, and use the hospital's staff and equipment. The physician generally enjoyed the use of the privileges throughout his or her active career, losing them only if found incompetent. Today, …
Life After Daubert V. Merrell Dow: Maine As A Case Law Laboratory For Evidence Rule 702 Without Frye, Leigh Stephens Mccarthy
Life After Daubert V. Merrell Dow: Maine As A Case Law Laboratory For Evidence Rule 702 Without Frye, Leigh Stephens Mccarthy
Maine Law Review
In reaching its recent decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., the United States Supreme Court grappled not with case law but with fundamental questions about the nature of science and its role in law. The court in Daubert addressed the problematic issue of admissibility of expert scientific testimony. In the end the Court rejected as an exclusionary rule the venerable standard set in 1923 by Frye v. United States. Frye held that scientific testimony was to be excluded unless it had gained “general acceptance” in its field. Daubert held that Rule 702 of the Federal Rules of Evidence …
Prosecutorial Summation: Where Is The Line Between "Personal Opinion" And Proper Argument?, James W. Gunson
Prosecutorial Summation: Where Is The Line Between "Personal Opinion" And Proper Argument?, James W. Gunson
Maine Law Review
Prosecutorial forensic misconduct has become front page news in Maine. Since April of 1993, the Maine Supreme Judicial Court, sitting as the Law Court, has reversed convictions in three highly publicized cases based on remarks made by the prosecutor. In State v. Steen, the prosecutor asked the defendant to give his opinion concerning the veracity of other witnesses and suggested in closing argument that the favorable testimony given by the defense's expert witness resulted from the fee he had received. The Law Court vacated the gross sexual assault conviction, finding that the prosecutor's questions and closing argument “clearly suggested” to …
Trammel V. United States: Bad History, Bad Policy, And Bad Law, Michael W. Mullane
Trammel V. United States: Bad History, Bad Policy, And Bad Law, Michael W. Mullane
Maine Law Review
In 1980 the United States Supreme Court decided Trammel v. United States. The opinion changed the Spouses' Testimonial Privilege, overturning centuries of consistent case decisions. The Court based its decision on the history and effect of privilege and a straw poll of state legislative and court decisions on the issue. The Court concluded its decision would permit the admission of more spousal testimony without impairing the benefits the privilege was supposed to confer on spouses. The Court's decision in Trammel was wrong on three counts. The first was bad history overlaid with questionable analysis. The survey of the state's treatment …
Identifying And Preventing Improper Prosecutorial Comment In Closing Argument, Robert W. Clifford
Identifying And Preventing Improper Prosecutorial Comment In Closing Argument, Robert W. Clifford
Maine Law Review
In recent years, several decisions of the Maine Supreme Judicial Court sitting as the Law Court have addressed the comments of prosecutors in final argument before criminal juries. Three of those decisions in particular have caused concern among prosecutors and have stirred discussion in the Maine legal community. In vacating convictions in State v. Steen, State v. Casella, and State v. Tripp, the Law Court focused on the language used by the prosecutors during closing argument and concluded that those prosecutors impermissibly expressed personal opinion concerning the credibility of the defendants, or witnesses called by the defendants. This Article examines …
A ‘Bad Rap’: R. V. Skeete And The Admissibility Of Rap Lyric Evidence, Ngozi Okidegbe
A ‘Bad Rap’: R. V. Skeete And The Admissibility Of Rap Lyric Evidence, Ngozi Okidegbe
Faculty Scholarship
The use of accused-authored rap lyric evidence is no longer rare in Canadian criminal proceedings. Adduced by Crown prosecutors, rap lyrics written or co-written by an accused are increasingly used in criminal trials as evidence of the accused’s intent, knowledge, motive, identity, or confession to the commission of the specific offence charged. The practice is not without controversy.1 The introduction of an accused’s artistic work in the form of rap lyrics at trial engages trial fairness concerns. Without a keen awareness of the social and cultural context that produces rap music, trial actors risk inflating their probative value and …