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Full-Text Articles in Law
False Accuracy In Criminal Trials: The Limits And Costs Of Cross Examination, Lisa Kern Griffin
False Accuracy In Criminal Trials: The Limits And Costs Of Cross Examination, Lisa Kern Griffin
Faculty Scholarship
According to the popular culture of criminal trials, skillful cross-examination can reveal the whole “truth” of what happened. In a climactic scene, defense counsel will expose a lying accuser, clear up the statements of a confused eyewitness, or surface the incentives and biases in testimony. Constitutional precedents, evidence theory, and trial procedures all reflect a similar aspiration—that cross-examination performs lie detection and thereby helps to produce accurate outcomes. Although conceptualized as a protection for defendants, cross-examination imposes some unexplored costs on them. Because it focuses on the physical presence of a witness, the current law of confrontation suggests that an …
Honesty Without Truth: Lies, Accuracy, And The Criminal Justice Process, Lisa Kern Griffin
Honesty Without Truth: Lies, Accuracy, And The Criminal Justice Process, Lisa Kern Griffin
Faculty Scholarship
Focusing on “lying” is a natural response to uncertainty but too narrow of a concern. Honesty and truth are not the same thing and conflating them can actually inhibit accuracy. In several settings across investigations and trials, the criminal justice system elevates compliant statements, misguided beliefs, and confident opinions while excluding more complex evidence. Error often results. Some interrogation techniques, for example, privilege cooperation over information. Those interactions can yield incomplete or false statements, confessions, and even guilty pleas. Because of the impeachment rules that purportedly prevent perjury, the most knowledgeable witnesses may be precluded from taking the stand. The …
Introduction: Symposium On “Forensics, Statistics, And Law”, Brandon L. Garrett
Introduction: Symposium On “Forensics, Statistics, And Law”, Brandon L. Garrett
Faculty Scholarship
No abstract provided.
Authenticating Digital Evidence, Paul W. Grimm, Daniel J. Capra, Gregory P. Joseph
Authenticating Digital Evidence, Paul W. Grimm, Daniel J. Capra, Gregory P. Joseph
Faculty Scholarship
No abstract provided.
The Implied Assertion Doctrine Applied To Legislative History, Noah Marks, Jessica Ranucci
The Implied Assertion Doctrine Applied To Legislative History, Noah Marks, Jessica Ranucci
Faculty Scholarship
This Article derives a new approach towards the use of legislative history to interpret statutes by adapting and applying the law of evidence. Courts use legislative history as hearsay evidence: out-of-court statements used for the truth of the matter asserted. Evidence law includes many exceptions under which hearsay becomes admissible. One such exception, the implied assertion exception, can be applied to courts' use of legislative history. Under this framework, legislative history can illuminate the interpretive enterprise, while many of the problems identified by opponents of legislative history are mitigated. After presenting the development of the implied assertion doctrine in evidence …
Federal Rule Of Evidence 502: Has It Lived Up To Its Potential?, Paul W. Grimm, Lisa Yurwit Bergstrom, Matthew P. Kraeuter
Federal Rule Of Evidence 502: Has It Lived Up To Its Potential?, Paul W. Grimm, Lisa Yurwit Bergstrom, Matthew P. Kraeuter
Faculty Scholarship
No abstract provided.
Proportionality In The Post-Hoc Analysis Of Pre-Litigation Preservation Decisions, Paul W. Grimm, Michael D. Berman, Conor R. Crowley, Leslie Wharton
Proportionality In The Post-Hoc Analysis Of Pre-Litigation Preservation Decisions, Paul W. Grimm, Michael D. Berman, Conor R. Crowley, Leslie Wharton
Faculty Scholarship
No abstract provided.
Impeachment And Rehabilitation Under The Maryland Rules Of Evidence: An Attorney's Guide, Paul W. Grimm
Impeachment And Rehabilitation Under The Maryland Rules Of Evidence: An Attorney's Guide, Paul W. Grimm
Faculty Scholarship
No abstract provided.
Evidence: Prior Crimes And Prior Bad Acts Evidence, Paul W. Grimm
Evidence: Prior Crimes And Prior Bad Acts Evidence, Paul W. Grimm
Faculty Scholarship
No abstract provided.