Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Federal Rules of Evidence (4)
- Hearsay (3)
- Admissible (1)
- Adverse spousal testimonial privilege (1)
- Anglo-American law (1)
-
- Arrests of Noncitizens (1)
- Criminal constitutional jurisprudence (1)
- Disciplinary hearings (1)
- Disciplinary sanction (1)
- Due process (1)
- Due process analysis (1)
- Immigration Evidence (1)
- Jury Bias (1)
- Mathews v. eldridge (1)
- Model Code of Evidence (1)
- Moral (1)
- Out-of-court statements (1)
- Prison disciplinary hearings (1)
- Privileged communications (1)
- RCW 5.60.060 (1)
- Some evidence (1)
- Standard of proof (1)
- Statutory privilege (1)
- Superintendent v. hill (1)
- Supreme Court’s Confrontation Clause jurisprudence (1)
- Testimonial (1)
- Testimonial privilege (1)
- Trial (1)
- Washington State Evidence (1)
- Washington state disciplinary hearings (1)
Articles 31 - 60 of 75
Full-Text Articles in Law
Expert Testimony On Rape Trauma Syndrome: An Argument For Limited Admissibility—State V. Black, 109 Wash. 2d 336, 745 P.2d 12 (1987), Deborah A. Dwyer
Expert Testimony On Rape Trauma Syndrome: An Argument For Limited Admissibility—State V. Black, 109 Wash. 2d 336, 745 P.2d 12 (1987), Deborah A. Dwyer
Washington Law Review
In State v. Black, the Washington Supreme Court faced the question of whether the State, in a rape case, should be allowed to offer expert testimony on rape trauma syndrome ("RTS"). After examining some of the relevant scientific literature, case law, and the standards governing the admissibility of expert testimony, the court held that expert testimony on RTS was inadmissible. The court based its decision on findings that RTS testimony lacks scientific reliability, and that it unfairly prejudices a defendant accused of rape. The court's holding in Black was based on a misinterpretation of the available scientific literature, and on …
Is Proof Of Statistical Significance Relevant?, D.H. Kaye
Is Proof Of Statistical Significance Relevant?, D.H. Kaye
Washington Law Review
This article examines the status of significance testing in litigation. Part I describes the case law on the need for the procedure. Part II explains the nature and terminology of hypothesis testing as used in court. Part III enumerates some of the problems that arise in these forensic applications, and Part IV pursues one such problem-that of selecting a "significance level." These sections show that explicit hypothesis testing is poorly suited for courtroom use. Statements as to what results are or are not "statistically significant" should be inadmissible. Part V suggests the use of other statistical tools and terms that …
Admission Of Evidence Of Other Misconduct In Washington To Prove Intent Or Absence Of Mistake Or Accident: The Logical Inconsistencies Of Evidence Rule 404(B), Eric D. Lansverk
Admission Of Evidence Of Other Misconduct In Washington To Prove Intent Or Absence Of Mistake Or Accident: The Logical Inconsistencies Of Evidence Rule 404(B), Eric D. Lansverk
Washington Law Review
In Washington, the introduction of evidence of other misconduct to show intent or absence of mistake or accident has proven particularly troublesome. Washington courts have made no attempt to delineate the differences between proof of intent and proof of absence of mistake or accident. Nor have they satisfactorily distinguished either of the proofs from a mere showing of propensity to commit crime. By failing to make these distinctions, the courts undermine the letter and spirit of ER 404(b). The lack of clear standards to guide application of the intent and absence of mistake or accident aspects of ER 404(b) leaves …
Waiving The Physician-Patient Privilege In Involuntary Commitment Proceedings In Washington—In Re R., 97 Wn. 2d 182, 641 P.2d 704 (1982), Brett T. Delange
Waiving The Physician-Patient Privilege In Involuntary Commitment Proceedings In Washington—In Re R., 97 Wn. 2d 182, 641 P.2d 704 (1982), Brett T. Delange
Washington Law Review
In analyzing the court's decision in In re R., this Note will first review the physician-patient privilege. Next, it will assess the court's analysis and application of the statutory waiver in section 71.05.250 of the Washington Revised Code to hearings for ninety-day commitment. This Note concludes that while the court correctly applied the statutory waiver to hearings for ninety-day commitment, the court's standard of reasonableness in applying the waiver of the privilege in this case was improper. Because the physician-patient privilege is a valuable tool in encouraging patients to seek therapeutic treatment, this Note recommends that the courts require a …
Sexual Abuse Of Children—Washington's New Hearsay Exception, Sheryl K. Peterson
Sexual Abuse Of Children—Washington's New Hearsay Exception, Sheryl K. Peterson
Washington Law Review
Part I of this Comment evaluates the new hearsay exception as a rule of evidence. It concludes that the exception is an appropriate solution to the special hearsay problems that arise in child sexual abuse cases. Part II considers whether the exception violates the accused's constitutional right to confront the witnesses against him or her. It concludes that the exception is not unconstitutional per se, although specific applications of the exception may be unconstitutional.
Federal Rule Of Evidence 403: Observations On The Nature Of Unfairly Prejudicial Evidence, Victor J. Gold
Federal Rule Of Evidence 403: Observations On The Nature Of Unfairly Prejudicial Evidence, Victor J. Gold
Washington Law Review
The object of this article is to identify what makes evidence unfairly prejudicial. The first part analyzes the language of and the policies behind Rule 403, and demonstrates that the courts' current ad hoc approach has frustrated those policies and prevented the rule from operating as written. Part II analyzes the nature of unfairly prejudicial evidence in light of the policies intended to be advanced by Rule 403. That part concludes that evidence may be considered unfairly prejudicial when it has a tendency to cause the trier of fact to commit an inferential error. The third part describes recent empirical …
The Federal Rules Of Evidence: A Model For Improved Evidentiary Decisionmaking In Washington, Robert H. Aronson
The Federal Rules Of Evidence: A Model For Improved Evidentiary Decisionmaking In Washington, Robert H. Aronson
Washington Law Review
This article discusses the underlying reasons for establishing rules of evidence, defines two unavoidable conflicts encountered in attempting to effectuate the purposes for adopting such rules, suggests that the Federal Rules of Evidence help resolve these conflicts by adhering to several clearly enunciated rationales, and, finally, indicates how the Rules recognize and accommodate important new scientific and social insights on the admissibility of evidence.
The Marital Privileges In Washington Law: Spouse Testimony And Marital Communications, Teresa Virginia Bigelow
The Marital Privileges In Washington Law: Spouse Testimony And Marital Communications, Teresa Virginia Bigelow
Washington Law Review
This comment is an attempt to analyze and clarify Washington marital privilege law. Each privilege is presented against the backdrop of policy rationales. This overview of the privileges is designed to facilitate their use and also to point out the great need for revision of the Washington law. In conclusion, two alternative approaches are presented as models for a revised set of Washington marital privileges.
Proposed Rule Of Evidence 609: Impeachment Of Criminal Defendants By Prior Convictions, D. Joseph Hurson
Proposed Rule Of Evidence 609: Impeachment Of Criminal Defendants By Prior Convictions, D. Joseph Hurson
Washington Law Review
This comment describes current Washington law on the use of criminal convictions to impeach the testimony of criminal defendants and examines the factors which are relevant to the formation of a more acceptable rule. Adoption of the proposed rule would also affect the rules for impeaching nondefendant witnesses. Only a criminal defendant, however, is in jeopardy of actually being convicted as a result of a jury's misuse of evidence of prior convictions. Because the interests of the criminal defendant witness will be so drastically affected by the prior conviction rule which the Washington Supreme Court ultimately adopts, this comment will …
Women's Self-Defense Under Washington Law—State V. Wanrow, 88 Wn. 2d 221, 559 P.2d 548 (1977), Jennifer Marsh
Women's Self-Defense Under Washington Law—State V. Wanrow, 88 Wn. 2d 221, 559 P.2d 548 (1977), Jennifer Marsh
Washington Law Review
The Washington Supreme Court, in State v. Wanrow, examined the issue of self-defense for women under Washington law and held that the application of traditional self-defense rules resulted in prejudicial treatment of women defendants. This note will examine the meaning of the Wanrow decision and offer support for its holding in light of available psychological and sociological data. Additionally, this note will suggest a special analytical framework utilizing social science data to test accepted legal doctrines for latent sex discrimination. The importance of these data in exposing such discrimination will be shown by examining related cases in the area of …
Elimination Of The Agency Fiction In The Vicarious Admissions Exception, Norman B. Page
Elimination Of The Agency Fiction In The Vicarious Admissions Exception, Norman B. Page
Washington Law Review
This note will compare the Washington courts' application of the common law vicarious admissions exception to the broad rule embodied in Federal Rule 801(d)(2)(D). Furthermore, it will identify and analyze the policies upon which the vicarious admissions rule is grounded and will compare the effectiveness of the common law rule and the federal or "broad" rule in fulfilling those policies. It will demonstrate how, in focusing on the substantive law of agency rather than directly on those circumstances which tend to assure a statement's trustworthiness, both rules share a fundamental flaw and, as a result, accomplish only imprecisely the basic …
Parol Evidence In Washington: The Use Of Extrinsic Evidence To Address The Integration And Interpretation Of Documents, Arden J. Olson
Parol Evidence In Washington: The Use Of Extrinsic Evidence To Address The Integration And Interpretation Of Documents, Arden J. Olson
Washington Law Review
Washington judicial treatment of these related concerns, the integration and interpretation of written contracts, constitutes the focus of this comment. Part One will distinguish integration from interpretation and highlight factors which bear on the choices between conflicting approaches to extrinsic evidence. Part Two will examine the rules governing the ascertainment of integration, by which courts decide whether the parties embodied their transaction in a written memorial, rendering it subject to the parol evidence rule. Part Three will analyze the analogous rules governing the extent to which a court interpreting the parties' language may look to the circumstances surrounding the document's …
Evidence—Admissibility Of The Victim's Past Sexual Behavior Under Washington's Rape Evidence Law—Wash. Rev. Code § 9.79.150 (1976), Evelyn Sroufe
Evidence—Admissibility Of The Victim's Past Sexual Behavior Under Washington's Rape Evidence Law—Wash. Rev. Code § 9.79.150 (1976), Evelyn Sroufe
Washington Law Review
Although R.C.W. § 9.79.150 deals with many sex crimes, this note is limited to its application in forcible rape cases. Part I examines various exclusionary rules of evidence in order to develop a framework for analysis of Washington's new law. Part II discusses the relevance of the victim's sexual history to her credibility as a witness; it concludes that the complete exclusion of past sexual history to attack credibility may be unconstitutional under the United States Supreme Court holding in Davis v. Alaska. On the other hand, Part III suggests that R.C.W. § 9.79.150 should be redrafted to limit further …
Evidence—Credibility Impeachment And The Drug-Using Witness—State V. Renneberg, 83 Wn. 2d 735, 522 P.2d 835 (1974), Randall A. Peterman
Evidence—Credibility Impeachment And The Drug-Using Witness—State V. Renneberg, 83 Wn. 2d 735, 522 P.2d 835 (1974), Randall A. Peterman
Washington Law Review
In chambers before the grand larceny trial of Milton and Virginia LaVanway, the court apparently ruled that testimony about the defendants' prior drug use' was inadmissible in the state's case. When the defendants subsequently testified to their good character, however, the trial court admitted such evidence for purposes of impeachment. On appeal of their convictions defendants challenged the admission of the evidence. The Washington Supreme Court affirmed the convictions, holding that once a defendant's character has been placed in issue, evidence of drug use is admissible to attack his or her character on cross-examination. The plurality opinion also stated in …
Evidence—Congressional Preemption Of The Federal Rules Of Evidence—Pub. L. No. 93-12, 87 Stat. 9 (Mar. 30, 1973), Lyle K. Wilson
Evidence—Congressional Preemption Of The Federal Rules Of Evidence—Pub. L. No. 93-12, 87 Stat. 9 (Mar. 30, 1973), Lyle K. Wilson
Washington Law Review
This history is indicative of the conflict between the Court and Congress over the Court's authority to promulgate rules of evidence. Central to this controversy is the question of whether rules of evidence are substantive or procedural. This note is devoted to a discussion of that issue, ultimately arriving at the conclusion that most of the rules which were prescribed by the Court are procedural in nature and, therefore, within the Court's power to prescribe rules of practice and procedure under the enabling acts.
Criminal Procedure—Search And Seizure—Electronic Eavesdropping—Abortion: Recording Of Voluntary Conversation Between Police Agent And Defendant Admissible In Evidence.—State V. Wright, 74 Wn. 2d 355, 444 P.2d 867 (1968), Anon
Washington Law Review
Informed that defendant had committed an abortion in his home, the police hired a female agent who made arrangements with the defendant by telephonic conversations, which were monitored and recorded. The agent, equipped with a hidden transmitter, kept her appointment and transmitted defendant's explanation of the abortion to the police, who again monitored and recorded the conversation. That evening she returned to defendant's home and paid the fee, and, as defendant prepared her for the operation, sent the conversation to monitoring police, who recorded it. All monitoring was done without prior court order. Just before the operation was to occur, …
Motions Testing The Sufficiency Of Evidence, Philip A. Trautman
Motions Testing The Sufficiency Of Evidence, Philip A. Trautman
Washington Law Review
Professor Trautman, long a student of Washington's adjective law, analyzes and compares the various motions a Washington attorney may invoke to challenge the sufficiency of an opponent's evidence during and after trial. In comparing the motion for new trial on evidentiary grounds and the motion for judgment n.o.v., he notes and deplores the recent decisions which have made the tests for the two motions identical. Prior to this change, the trial judge could weigh all the evidence and in his discretion grant a new trial if the evidence preponderated against the jury's verdict. Today, he may only determine whether, as …
Motions Testing The Sufficiency Of Evidence, Philip A. Trautman
Motions Testing The Sufficiency Of Evidence, Philip A. Trautman
Washington Law Review
Professor Trautman, long a student of Washington's adjective law, analyzes and compares the various motions a Washington attorney may invoke to challenge the sufficiency of an opponent's evidence during and after trial. In comparing the motion for new trial on evidentiary grounds and the motion for judgment n.o.v., he notes and deplores the recent decisions which have made the tests for the two motions identical. Prior to this change, the trial judge could weigh all the evidence and in his discretion grant a new trial if the evidence preponderated against the jury's verdict. Today, he may only determine whether, as …
Admissibility Of Blood Sample Evidence In Civil Case, Anon
Admissibility Of Blood Sample Evidence In Civil Case, Anon
Washington Law Review
At the instigation of a police officer, a blood sample was taken from defendant Clinton as he lay hospitalized with serious injuries resulting from an automobile collision in which another person was killed. The alcohol reading of the blood sample was 0.210, well above presumptive intoxication. Plaintiff, in an action for personal injuries and wrongful death, sought to introduce defendant's blood test in evidence. The trial court, in the absence of the jury, heard conflicting testimony and concluded that the blood sample was inadmissible because taken without conscious consent. On appeal from a judgment for defendant, the court reversed and …
Evidence—Effect Of Tortfeasor's Death Upon Admissibility Of Blood Test In Civil Action, Anon
Evidence—Effect Of Tortfeasor's Death Upon Admissibility Of Blood Test In Civil Action, Anon
Washington Law Review
The question whether analyses of blood samples taken from a deceased person may be admitted into evidence in a civil suit is one of first impression in Washington. Plaintiff, a truck-owner, sued decedent's executor for damages to his truck sustained in a collision with decedent's automobile, alleging that decedent was negligent in driving under the influence of intoxicants. A blood sample was taken by a coroner, in accordance with Washington Revised Code section 68.08.106, approximately one hour after death. Analysis of decedent's blood sample was admitted into evidence over defendant's objection, as proof of decedent's intoxication. On appeal from a …
Evidence—Dead Man's Statute—Gift Causa Mortis, Kenneth L. Schubert, Jr.
Evidence—Dead Man's Statute—Gift Causa Mortis, Kenneth L. Schubert, Jr.
Washington Law Review
By reducing the burden of proving a gift causa mortis where the state is the only contestant, In re McDonald's Estate has evidently attached an exception to the Washington "dead man's" statute. While eliminating the common law prohibition against testimony by an "interested person," this statute does prohibit such persons from testifying concerning "transactions" with a decedent. It also prohibits testimony about "statements" made by a decedent.
Recent Federal Case, Robert Baronsky
Recent Federal Case, Robert Baronsky
Washington Law Review
Covers wiretapped evidence—suit in federal court to enjoin testimony in state proceeding.
Evidence, Douglas M. Fryer
Evidence, Douglas M. Fryer
Washington Law Review
Covers cases on the physician-patient privilege—waiver and on hearsay—business records exception—hospital records—scope of admissible matter.
Evidence, Mary Ellen Hanley
Evidence, Mary Ellen Hanley
Washington Law Review
Covers cases on sound recordings—foundation for admission in evidence and on the privilege against self-incrimination—effects of claiming.
Evidence, Gordon L. Walgren
Evidence, Gordon L. Walgren
Washington Law Review
Covers cases on best evidence rule—tape recording competent evidence where made from original wire recording.
Evidence, John P. Kovarik
Evidence, John P. Kovarik
Washington Law Review
Covers cases on exceptions to the hearsay rule, on facts that must be included in hypothetical questions and that may form the basis for an expert's answer, and on judicial notice of the useful life structure according to the Internal Revenue Bulletin.
Evidence, Sally Campbell, Joan Smith, Thomas J. Brennan
Evidence, Sally Campbell, Joan Smith, Thomas J. Brennan
Washington Law Review
Covers cases on witnesses in determining the competency of insane persons, on relevancy of facts of arrest in civil suits, on the plaintiff's criminal record and its admissibility to limit claims to damages for unemployment, on the competency of interested party witnesses and time when interest is to be determined, on the relevancy of the fact of no insurance (Campbell), on the admission of certified copies of foreign divorce decrees (Smith), on the liberal construction of the Uniform Business Records as Evidence Act, on the attorney-client privilege when communications are made in the presence of two or more interested persons, …
Evidence—Cross Examination Of Defendant's Character Witness—Scope, Michael Mines
Evidence—Cross Examination Of Defendant's Character Witness—Scope, Michael Mines
Washington Law Review
D was convicted of second degree burglary. During the cross examination of three character witnesses for the defense, the prosecuting attorney asked, over the objections of the defense, the following questions: "Did you know that in 1941 D had is operator's license suspended?", "Did you know that D spent twelve days in jail and was fined twenty-five dollars for drunkenness on January 10, 1949?" and "Did you know D was given twenty days for vagrancy in the city jail of Walla Walla?" Held: The form of the questions was proper as long as it was not for the purpose of …
Evidence, John W. Richards
Evidence, John W. Richards
Washington Law Review
Covers the Uniform Photographic Copies of Business and Public Records as Evidence Act.
Evidence—Patient Physician Privilege—Waiver Of Privilege To One Physician As Waiver To Other Physician—Waiver By Patient's Own Testimony, James F. Mcateer
Evidence—Patient Physician Privilege—Waiver Of Privilege To One Physician As Waiver To Other Physician—Waiver By Patient's Own Testimony, James F. Mcateer
Washington Law Review
P sought recovery for injuries arising out of an automobile accident. During trial P introduced three physicians who testified that P had suffered disability in his right arm involving weakness, numbness, and difficulty of movement. P himself took the stand and testified that the injuries described by his doctors resulted from the accident and that, prior to the accident, he had not consulted a doctor for "years." The jury returned a verdict for P for $21,000. The trial court granted D a new trial on the issue of damages because of newly discovered evidence consisting of another physician who would …