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Articles 1 - 26 of 26
Full-Text Articles in Law
The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi
The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi
Buffalo Law Review
No abstract provided.
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 …
Tests Of Contractual Integration
The Polygraph Protection Act Of 1985: Bobbing Pinocchio's New Nose?
The Polygraph Protection Act Of 1985: Bobbing Pinocchio's New Nose?
Washington and Lee Law Review
No abstract provided.
Interlocutory Appeal Of Preindictment Suppression Motions Under Rule 41 ( E ), Clifford A. Godiner
Interlocutory Appeal Of Preindictment Suppression Motions Under Rule 41 ( E ), Clifford A. Godiner
Michigan Law Review
This Note argues that preindictment rulings denying 41(e) motions are not immediately appealable. Part I discusses decisions that mandate dismissal of such appeals for want of jurisdiction. Part II examines the policy rationales behind these precedents. Finally, Part III argues that an adequate remedy exists outside of rule 41(e), rendering immediate appellate review of rulings on 41(e) motions unnecessary.
The Perils Of Privilege: Waiver And The Litigator, Richard L. Marcus
The Perils Of Privilege: Waiver And The Litigator, Richard L. Marcus
Michigan Law Review
Waiver can be made less tricky, although it will never yield algebraic accuracy. Focusing on civil litigation, this article develops a framework for waiver decisions. It begins by stressing a factor that others have neglected - the costs generated by broad traditional waiver rules. These costs result largely from changes in lawyer behavior to reduce waiver risks. Thus, enormous energy can be expended to guarantee that privileged materials are not inadvertently revealed in discovery, and lawyers may adopt elaborate witness preparation strategies in order to prevent witnesses from seeing privileged materials. Judges also feel the burden; where waiver is at …
18 U.S.C. § 3501 And The Admissibility Of Confessions Obtained During Unnecessary Prearraignment Delay, Matthew W. Frank
18 U.S.C. § 3501 And The Admissibility Of Confessions Obtained During Unnecessary Prearraignment Delay, Matthew W. Frank
Michigan Law Review
Part I thus argues that the admissibility of post-sixth-hour confessions is governed by Mallory, under which a voluntary confession is inadmissible if, but only if, it follows a period of unnecessary delay. Part II addresses a possible objection to this conclusion - namely, that, with limited exceptions, subsection 350l(c) renders all post-sixth hour confessions inadmissible without regard to the reasonableness of the prearraignment delay. This interpretation is derived by negative implication from the proviso in subsection 350l(c) and would require courts to suppress confessions even though there has been no unnecessary delay, and even though the confessions would be …
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 …
Chao V. State, 478 So. 2d (Fla. 1985), George C. Matlock
Chao V. State, 478 So. 2d (Fla. 1985), George C. Matlock
Florida State University Law Review
Criminal Law/Evidence-ADMISSIBILITY OF THIRD-PARTY TESTIMONY ON OUT-OF-COURT STATEMENTS MADE TO A WITNESS THROUGH AN INTERPRETER
Application Problems Arising From The Good Faith Exception To The Exclusionary Rule, Robert C. Gleason
Application Problems Arising From The Good Faith Exception To The Exclusionary Rule, Robert C. Gleason
William & Mary Law Review
No abstract provided.
The Emerging "Victim Factor" In The Supreme Court's Criminal Jurisprudence: Should Victims' Interests Ever Prevent A Court From Overturning A Conviction And Ordering A Retrial?, Roger A. Pauley
Indiana Law Journal
No abstract provided.
Direct Examination: Some Evidentiary And Practical Considerations, W. Dent Gitchel
Direct Examination: Some Evidentiary And Practical Considerations, W. Dent Gitchel
University of Arkansas at Little Rock Law Review
No abstract provided.
Extraterritorial Discovery: Cooperation, Coercion And The Hague Evidence Convention, Harold G. Maier
Extraterritorial Discovery: Cooperation, Coercion And The Hague Evidence Convention, Harold G. Maier
Vanderbilt Journal of Transnational Law
This Article reviews the most recent case law on this issue and examines the results of those cases in the light of existing principles of comity and of the newly promulgated Restatement of Foreign Relations Law of the United States (Revised). The analysis focuses on three important appellate court decisions, all of which are or have been before the United States Supreme Court, and examines the contents and origins of the United States Government's position on these issues as found in amicus briefs submitted in these cases. The article concludes with an evaluation of the dilemma evidenced by the need …
Evidence, Leonard Cavise Professor, Scott C. Tomassi
Evidence, Leonard Cavise Professor, Scott C. Tomassi
Loyola University Chicago Law Journal
No abstract provided.
Extraterritorial Discovery Under The Hague Evidence Convention, Marguerite E. Trossevin
Extraterritorial Discovery Under The Hague Evidence Convention, Marguerite E. Trossevin
Villanova Law Review
No abstract provided.
Criminal Law - Discovery - Test For Materiality Of Undisclosed Impeachment Evidence, Robert E. Schwartz
Criminal Law - Discovery - Test For Materiality Of Undisclosed Impeachment Evidence, Robert E. Schwartz
Villanova Law Review
No abstract provided.
Casenotes Criminal Law — Evidence — Expert Testimony That Rape Victim Suffered Post Traumatic Stress Disorder Is Admissible To Rebut A Defense Of Consent. State V. Allewalt, 308 Md. 89, 517 A.2d 741 (1986), Robert C. Sanders
University of Baltimore Law Review
No abstract provided.
Federal Marital Privileges In A Criminal Context: The Need For Further Modification Since Trammel The
Washington and Lee Law Review
No abstract provided.
Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner
Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner
UIC Law Review
No abstract provided.
Voice Spectrography Evidence: Approaches To Admissibility, Sharon E. Gregory
Voice Spectrography Evidence: Approaches To Admissibility, Sharon E. Gregory
University of Richmond Law Review
The admissibility of the results of voiceprint' analysis as evidence in a criminal trial has received a great deal of attention in the last ten years, both from legal scholars and in the courts. Although a relative newcomer to the field of forensic science, voice spectrography is not a recent development in the field of evidence; Wigmore foresaw the use of a voiceprint as early as 1937, when he suggested that the individuality of a person's voice provided a possible means of speaker identification.
Improving Expert Testimony, Jack B. Weinstein
Improving Expert Testimony, Jack B. Weinstein
University of Richmond Law Review
Our real world outside the ivory towers of academia and the courts grows more and more complex. The law's use of expert witnesses has expanded at a pace reflective of society's reliance on specialized knowledge. Hardly a case of importance is tried today in the federal courts without the involvement of a number of expert witnesses.
Crime Without Conviction: Supervision Without Sentence, 19 J. Marshall L. Rev. 547 (1986), Alfred B. Teton
Crime Without Conviction: Supervision Without Sentence, 19 J. Marshall L. Rev. 547 (1986), Alfred B. Teton
UIC Law Review
No abstract provided.
Evidence, Frank Venezia
Hypnotically Refreshed Testimony: Is It Legally Relevant To A Criminal Proceeding In Ohio, Thomas H. Allison
Hypnotically Refreshed Testimony: Is It Legally Relevant To A Criminal Proceeding In Ohio, Thomas H. Allison
Cleveland State Law Review
In the past twenty years a growing number of courts, both state and federal, have addressed the problem of the admissibility in a criminal trial of testimony by a witness whose memory has been "refreshed" by the use of pre-trial hypnosis. Some courts are of the opinion that hypnosis is nothing more than a memory aid, to be treated like any other device to refresh recollection. Other courts believe hypnosis is more of a "science," and as such should be treated consistently with the rules for the admission of other scientific evidence. While the reliability of using hypnosis to refresh …
Dismantling The Exclusionary Rule: United States V. Leon And The Courts Of Washington—Should Good Faith Excuse Bad Acts?, Catherine Cruikshank
Dismantling The Exclusionary Rule: United States V. Leon And The Courts Of Washington—Should Good Faith Excuse Bad Acts?, Catherine Cruikshank
Seattle University Law Review
This Note will review briefly the history of the exclusionary rule under fourth amendment jurisprudence, with special emphasis given to the purposes the rule has traditionally been thought to serve. The significance of the Leon decision then will be examined in light of the emergence in Washington of an interpretation of article I, section 7 that diverges from the Supreme Court's interpretations of the fourth amendment. This Note will conclude by discussing how article I, section 7 continues to embody the several purposes traditionally served by the exclusionary rule.