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Articles 1 - 24 of 24
Full-Text Articles in Law
Constitutional Law--Evidence--Use Of Miranda-Violative Confessions For Impeachment Purposes, William F. Dobbs Jr.
Constitutional Law--Evidence--Use Of Miranda-Violative Confessions For Impeachment Purposes, William F. Dobbs Jr.
West Virginia Law Review
No abstract provided.
Contracts--Parol Evidence Rule--Admissibility Of Agency Not Appearing In Written Contract, Robert R. Skinner
Contracts--Parol Evidence Rule--Admissibility Of Agency Not Appearing In Written Contract, Robert R. Skinner
West Virginia Law Review
How does the parol evidence rule apply to a written contract which on its face appears to have only two parties, but in which one of the parties wants to introduce extrinsic evidence that one of the signatories is an agent for another person? Part one of this note will discuss present case law and part two will show how that law compares with modem theories of the parol evidence rule.
Schneble V. Florida, Lewis F. Powell Jr.
Schneble V. Florida, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Richardson V. State: An Opportunity Missed, Jay F. Cook
Richardson V. State: An Opportunity Missed, Jay F. Cook
Indiana Law Journal
Recent Developments in Indiana Law
Evidence--Introduction Of Insurance At A Trial, Craig R. Mckay
Evidence--Introduction Of Insurance At A Trial, Craig R. Mckay
West Virginia Law Review
No abstract provided.
Prior Convictions As Impeaching Evidence
Prior Convictions As Impeaching Evidence
Washington and Lee Law Review
No abstract provided.
Evidence - Privileged Communications - Attorney-Client Privilege In Stockholders' Suit. Garner V. Wolfinbarger, 430 F.2d 1093 (5th Cir. 1970), Cert. Denied, 39 U.S.L.W. 3411 (U.S. March 23, 1971), Michael D. Horlick
William & Mary Law Review
No abstract provided.
Evidence—Coconspirator Rule Allowing Admission Of Accomplice’S Declaration Held Not Violative Of Sixth Amendment Right Of Confrontation, Norman A. Leblanc Jr.
Evidence—Coconspirator Rule Allowing Admission Of Accomplice’S Declaration Held Not Violative Of Sixth Amendment Right Of Confrontation, Norman A. Leblanc Jr.
Buffalo Law Review
Dutton v. Evans, 400 U.S. 74 (1970).
Criminal Procedure--Self-Incrimination--Harmless Error--Application Of The Harmless Error Doctrine To Violations Of Miranda: The California Experience, Michigan Law Review
Criminal Procedure--Self-Incrimination--Harmless Error--Application Of The Harmless Error Doctrine To Violations Of Miranda: The California Experience, Michigan Law Review
Michigan Law Review
Using decisions of the appellate courts of California that have applied the federal harmless error rule to violations of Miranda v. Arizona and Escobedo v. Illinois, this Note will examine the logic and effects of the California application. However, the California experience can only be understood by first briefly describing the United States Supreme Court's decisions regarding harmless constitutional error and then showing the approaches taken by other states in their application of the harmless error rule to Miranda violations. Not only will this analysis put the California experience in its proper perspective, but it will also show the …
Evidence - Narcotics - Quantity Required For Conviction Of Possession. Robbs V. Commonwealth, 211 Va. 153, 176 S.E.2d 429 (1970), Douglas S. Wood
Evidence - Narcotics - Quantity Required For Conviction Of Possession. Robbs V. Commonwealth, 211 Va. 153, 176 S.E.2d 429 (1970), Douglas S. Wood
William & Mary Law Review
No abstract provided.
Title Iii - Recalcitrant Witnesses, Jeffrey J. Greenbaum
Title Iii - Recalcitrant Witnesses, Jeffrey J. Greenbaum
University of Michigan Journal of Law Reform
This title represents a congressional attempt to codify the court-developed civil contempt practice. When a witness is granted immunity and still refuses to answer the question presented to him he can be ordered by a court to answer the specific question. Upon his continued refusal, a court can have him confined summarily until he complies with such order, or until he is no longer able to comply. Such confinement is not intended to be punitive in nature, but rather to coerce compliance with the court's order by imposing imprisonment as an alternative to answering the question. The witness will be …
Title Iv - False Declarations, Jeffrey J. Greenbaum
Title Iv - False Declarations, Jeffrey J. Greenbaum
University of Michigan Journal of Law Reform
Title IV was designed to facilitate the bringing of federal perjury prosecutions, thereby strengthening the deterrent value of the perjury penalties and acting as a greater incentive for truthful testimony. It establishes a new false declarations statute applicable to court and grand jury proceedings, with maximum penalty slightly increased over that allowable under the previously controlling perjury statute.
Title Vi - Depositions, Peter A. Kelly
Title Vi - Depositions, Peter A. Kelly
University of Michigan Journal of Law Reform
Title VI expands Rule 15 of the Federal Rules of Criminal Procedure to permit the Government to depose its witnesses in certain limited classes of cases. Previously only the defendant had been accorded this right. Upon the motion of either party at any time after a criminal indictment or information has been filed, the court may order that the testimony of the party's witnesses be taken by deposition if "due to exceptional circumstances it is in the interest of justice" that such testimony be taken and preserved. Such exceptional circumstances were intended by Congress to include the existence of a …
Title Vii - Litigation Concerning Sources Of Evidence, Peter A. Kelly
Title Vii - Litigation Concerning Sources Of Evidence, Peter A. Kelly
University of Michigan Journal of Law Reform
There are two operative provisions of title VII, both of which mitigate previous judicially imposed restrictions on governmental collection and presentation of evidence in "any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, or other authority of the United States.” The first purports to set aside the Supreme Court's holding in the 1968 case of Alderman v. United States, in which the Court held that, in cases involving unlawful electronic surveillance, the government must make full disclosure to the defendant of all records in its possession which contain any of …
The Role Of Abandonment In The Law Of Search And Seizure: An Application Of Misdirected Emphasis, Edward G. Mascolo
The Role Of Abandonment In The Law Of Search And Seizure: An Application Of Misdirected Emphasis, Edward G. Mascolo
Buffalo Law Review
No abstract provided.
The Mere Evidence Rule: Need For Re-Evaluation, Leona M. Hudak
The Mere Evidence Rule: Need For Re-Evaluation, Leona M. Hudak
Cleveland State Law Review
This article is limited to the "mere evidence rule" as enunciated in Gouled v. United States; a brief historical sketch of the genesis of the search warrant; the two landmark decisions leading to Gouled; and, an overview of its impact upon American law, with reference to major landmark decisions. A thorough study of the rule and its application and interpretation in the various courts of the United States is book-length in proportion, as the numerous case entries under Gouled in the several editions of Shepard's United States Citations clearly illustrate. Wigmore provides a fairly comprehensive listing of decisions on illegal …
The Role Of Eyewitness Accounts In Establishing Probable Cause For The Issuance Of Search Warrants
The Role Of Eyewitness Accounts In Establishing Probable Cause For The Issuance Of Search Warrants
University of Richmond Law Review
The legality of entry gained through the use of a search warrant is dependent upon the legality of the means used to obtain the warrant. To justify the issuance of a search warrant the affiant must show the existence of probable cause.
Searches Without Warrants, Jerold H. Israel
Searches Without Warrants, Jerold H. Israel
Book Chapters
My primary area of concentration today is the search made without a warrant. Studies indicate that 95 percent or more of all searches are without warrants. It is quite understandable, then, that most of the search-and-seizure litigation concerns the validity of searches without warrants.
Consular Officer's Amenability As Witness, Stephen J. Werber
Consular Officer's Amenability As Witness, Stephen J. Werber
Law Faculty Articles and Essays
The purpose of this paper is to examine various treaty provisions in an effort to ascertain the manner in which a consular officer's obligation to testify is set forth, the immunities given such an officer and some of the problems raised by both the obligation and the immunities.
Former-Testimony Exception In The Proposed Federal Rules Of Evidence, The , Michael M. Martin
Former-Testimony Exception In The Proposed Federal Rules Of Evidence, The , Michael M. Martin
Faculty Scholarship
According to one member of the Advisory Committee which drafted them, the proposed Rules of Evidence for the United States Courts and Magistrates were promulgated to "improve the truth-finding capacity of the courts," as well as to provide the benefits of simplification and uniformity. In much the same way that the Federal Rules of Civil Procedure have led to modernization of procedural rules in many states, the proposed Federal Rules of Evidence may be the vehicle by which improvements unsuccessfully codified in the Model Code of Evidence and the Uniform Rules of Evidence can finally be achieved across the United …
Character Evidence And The Juvenile Record, Terrence N. O'Donnell
Character Evidence And The Juvenile Record, Terrence N. O'Donnell
Cleveland State Law Review
When a youngster makes a mistake and is arrested for committing a crime, should that act, committed while he is still a juvenile, appear and reappear, to haunt the offender for the rest of his life? There are some people in this country who say that we are not tough enough with our young people. But even they would not want the life of a young person marred forever by a mistake which he made as a juvenile.
Consular Officer's Amenability As Witness, Stephen J. Werber
Consular Officer's Amenability As Witness, Stephen J. Werber
Cleveland State Law Review
Contrary to the extensive immunities granted to members of the diplomatic service, members of consular posts are given only limited privileges and immunities. The existence and limitation of consular immunities arise by virtue of the office. Thus the consular officer can be called upon to testify in both civil and criminal matters under common law, international law, and treaty provision. In the absence of a treaty, consuls are generally exempt from giving testimony relating to matters acquired within the scope of their official duties or as to material contained in the consular archives. The purpose of this paper is to …
Psychologist As Expert Witness In Psychiatric Questions, Elliot R. Levine
Psychologist As Expert Witness In Psychiatric Questions, Elliot R. Levine
Cleveland State Law Review
When the seeking of truth and the dispensing of justice require Wan evaluation of a litigant's mental functioning, the courts have traditionally looked to medically trained psychiatrists to serve as expert witnesses. In his private practice the psychiatrist frequently uses the consultative services of a clinical psychologist because psychological tests are more quantitative, less subjective, and more sensitive to the nuances of personality deviation than are the traditional psychiatric evaluative techniques. The psychologist can offer to the court, as well as the medical profession can, the opportunity for the utilization of the most scientific means and methods of appraising personality. …
Intrusion Into The Body, William G. Eckhardt
Intrusion Into The Body, William G. Eckhardt
Faculty Works
The thesis of this article is that the rights of servicemen should be protected with the search and seizure concepts of the fourth amendment rather than with the fifth amendment protection against self-incrimination when intrusive bodily searches are required. The Supreme Court enunciated standard for intrusion into the body found in Schmerber v. California, 384 U.S. 757 (1966). The subsequent application of this standard in the federal courts, and its adoption in the Manual for Courts-Martial, United States, 1969, (Rev.) are explored. Federal court decisions discussing the privilege against self-incrimination are contrasted with opinions of the Court of Military Appeals …