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Articles 1 - 4 of 4
Full-Text Articles in Law
The Proper Test For Assessing The Admissibility Of Nonscientific Expert Evidence Under Federal Rule Of Evidence 702, 1997 John M. Manos Writing Competition On Evidence , Peter B. Oh
Cleveland State Law Review
Courts have fashioned various common law standards to determine the admissibility of nonscientific expert evidence. This Article examines these different standards to evince the need for harmony. Part I of this article examines the admissibility tests for nonscientific expert evidence administered by federal courts before Federal Rule of Evidence 702. The first such test appears in Frye v. United States, which establishes only expert knowledge based on a method or principle that has gained sufficient "general acceptance" can be admitted. Part I concludes by discussing the problems that plague these different applied tests and beckon for a single standard. Part …
Felton V. Felton: A Case Study , James Wilsman
Felton V. Felton: A Case Study , James Wilsman
Cleveland State Law Review
The Felton decision ends years of conflict among Ohio's Appellate Districts as to whether or not the higher burden of proof of "clear and convincing evidence" is required in domestic violence cases. This article discusses the issue of whether the court inadvertently violated the constitutional rights of those individuals accused of committing acts of domestic violence. The author suggests that by abrogating the need for corroborating evidence, the Court has, in effect, made it difficult for those individuals who are innocent from protecting themselves against false allegations. Part II discusses the Felton case, while Part III briefly walks through the …
Psychotherapist-Patient Privilege: A Rational Approach To Defining Psychotherapist, The 1997 John M. Manos Writing Competition On Evidence, Kathleen M. Maynard
Psychotherapist-Patient Privilege: A Rational Approach To Defining Psychotherapist, The 1997 John M. Manos Writing Competition On Evidence, Kathleen M. Maynard
Cleveland State Law Review
In the recently decided case of Jaffee v. Redmond, the United States Supreme Court acknowledged the existence of a psychotherapist-patient privilege under Federal Rule of Evidence 501 for the first time. This Article will make recommendations to lower federal courts that must construe the meaning of "psychotherapist." Part II will provide an overview of federal psychotherapist-patient privilege law prior to Jaffee. Part III will discuss the Court's decision to expand the definition of "psychotherapist" based upon the increased demand for therapy among lower income Americans. Part IV will make three arguments explaining why lower federal courts are free to extend …
The Character Evidence Defense: Acquittal Based On Good Character, Thomas J. Reed
The Character Evidence Defense: Acquittal Based On Good Character, Thomas J. Reed
Cleveland State Law Review
This article centers on the case of United States v. Martinez, the only recent case in which an accused was acquitted on the ground of good moral character. Martinez illustrates the powerful effect of a good character evidence defense that showed the accused led a blameless life before being inveigled into drug courier service by an intimidating DEA informer. This article begins with a brief review of United States v. Martinez. Following a presentation of this case, the article shifts focus to examine what our sister discipline of psychology can tell us about human personality and the cross-situational stability of …