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Articles 1 - 16 of 16
Full-Text Articles in Law
The Modest Impact Of The Modern Confrontation Clause, Jeffrey Bellin, Diana Bibb
The Modest Impact Of The Modern Confrontation Clause, Jeffrey Bellin, Diana Bibb
Faculty Publications
The Sixth Amendment's Confrontation Clause grants criminal defendants the right "to be confronted with the witnesses against" them. A strict reading of this text would transform the criminal justice landscape by prohibiting the prosecution's use of hearsay at trial. But until recently, the Supreme Court's interpretation of the Clause was closer to the opposite. By tying the confrontation right to traditional hearsay exceptions, the Court's longstanding precedents granted prosecutors broad freedom to use out-of-court statements to convict criminal defendants.
The Supreme Court's 2004 decision in Crawford v. Washington was supposed to change all that. By severing the link between the …
The Evidence Rules That Convict The Innocent, Jeffrey Bellin
The Evidence Rules That Convict The Innocent, Jeffrey Bellin
Faculty Publications
Over the past decades, DNA testing has uncovered hundreds of examples of the most important type of trial errors: innocent defendants convicted of serious crimes like rape and murder. The resulting Innocence Movement spurred reforms to police practices, forensic science, and criminal procedure. This Article explores the lessons of the Innocence Movement for American evidence law.
Commentators often overlook the connection between the growing body of research on convictions of the innocent and the evidence rules. Of the commonly identified causes of false convictions, only flawed forensic testimony has received sustained attention as a matter of evidence law. But other …
Policing The Admissibility Of Body Camera Evidence, Jeffrey Bellin, Shevarma Pemberton
Policing The Admissibility Of Body Camera Evidence, Jeffrey Bellin, Shevarma Pemberton
Faculty Publications
Body cameras are sweeping the nation and becoming, along with the badge and gun, standard issue for police officers. These cameras are intended to ensure accountability for abusive police officers. But, if history is any guide, the videos they produce will more commonly be used to prosecute civilians than to document abuse. Further, knowing that the footage will be available as evidence, police officers have an incentive to narrate body camera videos with descriptive oral statements that support a later prosecution. Captured on an official record that exclusively documents the police officer’s perspective, these statements—for example, “he just threw something …
Goldilocks And The Rule 803 Hearsay Exceptions, Liesa L. Richter
Goldilocks And The Rule 803 Hearsay Exceptions, Liesa L. Richter
William & Mary Law Review
Criticism of the hearsay exceptions embodied in the Federal Rules of Evidence has reached a fever pitch in recent years. With scholars calling for the abrogation of the entire hearsay regime or of individual exceptions within it and the Advisory Committee on Evidence Rules exploring hearsay amendments, the time for genuine hearsay soul-searching may be at hand. This Article suggests that aggressive proposals to scuttle existing doctrine entirely in favor of alternative approaches to hearsay are overly broad, rejecting the benefits of significant portions of existing doctrine that are functioning well and threatening costly consequences that could make matters worse …
The Case For Ehearsay, Jeffrey Bellin
Ehearsay, Jeffrey Bellin
Text Messages And The Hearsay Rule In The Aaron Hernandez Case, Jeffrey Bellin
Text Messages And The Hearsay Rule In The Aaron Hernandez Case, Jeffrey Bellin
Popular Media
No abstract provided.
Facebook, Twitter, And The Uncertain Future Of Present Sense Impressions, Jeffrey Bellin
Facebook, Twitter, And The Uncertain Future Of Present Sense Impressions, Jeffrey Bellin
Faculty Publications
The intricate legal framework governing the admission of out-of-court statements in American trials is premised on increasingly outdated communication norms. Nowhere is this more apparent than with the hearsay exception for “present sense impressions.” Changing communication practices typified by interactions on social media websites like Facebook and Twitter herald the arrival of a previously uncontemplated—and uniquely unreliable—breed of present sense impressions. This Article contends that the indiscriminate admission of these electronic present sense impressions (e-PSIs) is both normatively undesirable and inconsistent with the traditional rationale for the present sense impression exception. It proposes a reform to the exception that would …
More On The Future Of Present Sense Impressions, Jeffrey Bellin
More On The Future Of Present Sense Impressions, Jeffrey Bellin
Popular Media
No abstract provided.
The Significance (If Any) For The Federal Criminal Justice System Of Advances In Lie Detector Technology, Jeffrey Bellin
The Significance (If Any) For The Federal Criminal Justice System Of Advances In Lie Detector Technology, Jeffrey Bellin
Faculty Publications
Against a backdrop of accelerating developments in the science of lie detection certain to reopen the debate on the reliability and therefore admissibility of lie detector evidence in the federal courts, this Article examines whether the prohibition on hearsay evidence (or other evidentiary objections) will preclude admissibility of even scientifically reliable lie detector evidence. The Article concludes that the hearsay prohibition, which has been largely ignored by courts and commentators, is the primary obstacle to the future admission of scientifically valid lie detector evidence. The Article also suggests a potential solution to the hearsay problem that may allow admission of …
The Unrecognized Right Of Criminal Defendants To Admit Their Own Pretrial Statements, Stephen A. Saltzburg, Daniel J. Capra
The Unrecognized Right Of Criminal Defendants To Admit Their Own Pretrial Statements, Stephen A. Saltzburg, Daniel J. Capra
William & Mary Law Review
In Agard v. Portuondo, the United States Supreme Court held that a prosecutor did not violate a testifying defendant's constitutional rights by inviting the jury to infer from the defendant's presence at trial that the defendant altered his own version of events to accord with other witnesses' testimony. Justice Scalia's opinion for the Court emphasized that jurors might well draw the inference even without a prosecutor asking them to do so. Although Agard is viewed as giving an advantage in a criminal trial to the government, this Article considers how Agard might be used to allow defense counsel to introduce …
"So I Says To "The Guy,' I Says...": The Constitutionality Of Neutral Pronoun Redaction In Multidefendant Criminal Trials, Bryan M. Shay
"So I Says To "The Guy,' I Says...": The Constitutionality Of Neutral Pronoun Redaction In Multidefendant Criminal Trials, Bryan M. Shay
William & Mary Law Review
No abstract provided.
Confrontation, Equity, And The Misnamed Exception For "Forfeiture" By Wrongdoing, James F. Flanagan
Confrontation, Equity, And The Misnamed Exception For "Forfeiture" By Wrongdoing, James F. Flanagan
William & Mary Bill of Rights Journal
No abstract provided.
A Shock To The System: Analyzing The Conflict Among Courts Over Whether And When Excited Utterances May Follow Subsequent Startling Occurrences In Rape And Sexual Assault Cases, Colin Miller
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Meaning, Intention, And The Hearsay Rule, Paul F. Kirgis
Meaning, Intention, And The Hearsay Rule, Paul F. Kirgis
William & Mary Law Review
No abstract provided.
"My God!" Is This How A Feminist Analyzes Excited Utterances, Randolph N. Jonakait
"My God!" Is This How A Feminist Analyzes Excited Utterances, Randolph N. Jonakait
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.