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Articles 1 - 20 of 20
Full-Text Articles in Law
A Political-Choice Approach To Limiting Prejudicial Evidence, J. Alexander Tanford
A Political-Choice Approach To Limiting Prejudicial Evidence, J. Alexander Tanford
Indiana Law Journal
No abstract provided.
A Question Of Necessity: The Conflict Between A Defendant's Right Of Confrontation And A State's Use Of Closed Circuit Television In Child Sexual Abuse Cases
Washington and Lee Law Review
No abstract provided.
Evidence—Criminal Law—Evidence Of Dna Fingerprinting Admitted For Identification Purposes In Rape Trial. Andrews V. State, Charity Lynn Clayborn
Evidence—Criminal Law—Evidence Of Dna Fingerprinting Admitted For Identification Purposes In Rape Trial. Andrews V. State, Charity Lynn Clayborn
University of Arkansas at Little Rock Law Review
No abstract provided.
The Admission Of Criminal Histories At Trial, Department Of Justice Office Of Legal Policy
The Admission Of Criminal Histories At Trial, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
As part of a continuing series of studies on impediments to the search for truth in criminal investigation and adjudication, the Office of Legal Policy has carried out a review of the law governing the admission of the criminal records of defendants and other persons at trial. The results of this review are set out in this Report.
The Search And Seizure Exclusionary Rule, Department Of Justice Office Of Legal Policy
The Search And Seizure Exclusionary Rule, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
The fourth amendment guarantees the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." This guaranty is not self-executing, however, and the courts and criminal justice systems in this country have long been bedeviled by questions concerning appropriate methods of ensuring its observance. As a result of the Supreme Court's decisions in Weeks v. United States and Mapp v. Ohio, the method principally relied upon today is a judicially created rule excluding from criminal trials evidence obtained in violation of the defendant's fourth amendment rights.
The search and seizure …
Webs Of Things In The Mind: A New Science Of Evidence, Peter Tillers
Webs Of Things In The Mind: A New Science Of Evidence, Peter Tillers
Michigan Law Review
A Review of Evidence and Inference for the Intelligence Analyst by David Schum
Proof And Prejudice: A Constitutional Challenge To The Treatment Of Prejudicial Evidence In Federal Criminal Cases, D. Craig Lewis
Proof And Prejudice: A Constitutional Challenge To The Treatment Of Prejudicial Evidence In Federal Criminal Cases, D. Craig Lewis
Washington Law Review
The United States Supreme Court held its 1970 decision In re Winship that in criminal prosecutions the Constitution requires proof of guilt beyond a reasonable doubt. Professor Lewis argues that Winship governs the validity of evidence rules in criminal cases and requires that rules of evidence do not impair the reliability of criminal convictions. The author concludes that Federal Rule of Evidence 403, which permits the admission of prejudicial evidence unless the danger of unfair prejudice substantially outweighs probative value, violates this requirement. Rule 403 substantially increases the risk of erroneous decisionmaking and prescribes a balancing test that unconstitutionally places …
Admissibility Of Prior Acquitted Crimes Under Rule 404(B): Why The Majority Should Adopte The Minority Rule, Miguel Manuel Delao
Admissibility Of Prior Acquitted Crimes Under Rule 404(B): Why The Majority Should Adopte The Minority Rule, Miguel Manuel Delao
Florida State University Law Review
No abstract provided.
Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy
Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy
Michigan Law Review
The article will consider four different types of police-obtained evidence: evidence obtained from an unconstitutional search and seizure, evidence obtained from a Miranda violation, confessions and lineup identifications obtained in violation of the sixth amendment right to counsel, and coerced confessions. My conclusions are that evidence obtained from an unconstitutional search and seizure is excluded because of the police misconduct by which it was obtained. On the other hand, evidence obtained from a Miranda violation is (or ought to be) excluded because use of that evidence compromises the defendant's procedural right not to be compelled to be a witness against …
Confusing The Fifth Amendment With The Sixth: Lower Court Misapplication Of The Innis Definition Of Interrogation, Jonathan L. Marks
Confusing The Fifth Amendment With The Sixth: Lower Court Misapplication Of The Innis Definition Of Interrogation, Jonathan L. Marks
Michigan Law Review
This Note examines how these courts have applied or misapplied Innis, and concludes that, while many of these decisions are consistent with Miranda and Innis, too many others are not. In order to evaluate these cases, it is first necessary to understand the meaning and significance of Innis. Part I thus considers Innis and its background. Part II then examines lower court decisions applying the Innis test, dividing these decisions into six groups based on the most common factual scenarios. Because the cases deal with factually specific police practices, this method constitutes the most useful way to …
United States V. Shaw: What Constitutes An "Injury" Under The Federal Rape-Shield Statute?, Kethleen Winters
United States V. Shaw: What Constitutes An "Injury" Under The Federal Rape-Shield Statute?, Kethleen Winters
University of Miami Law Review
No abstract provided.
Trower V. Jones: Expanding The Scope Of Permissible Cross-Examination Of Expert Witnesses, Julie A. Correll
Trower V. Jones: Expanding The Scope Of Permissible Cross-Examination Of Expert Witnesses, Julie A. Correll
Loyola University Chicago Law Journal
No abstract provided.
Computer Generated Evidence: The Impact Of Computer Technology On The Traditional Rules Of Evidence, Daniel J. Lynch Honorable, Ian Brenson
Computer Generated Evidence: The Impact Of Computer Technology On The Traditional Rules Of Evidence, Daniel J. Lynch Honorable, Ian Brenson
Loyola University Chicago Law Journal
No abstract provided.
Evidence, Frank M. Covey Jr., Barbara J. Luther
Evidence, Frank M. Covey Jr., Barbara J. Luther
Loyola University Chicago Law Journal
No abstract provided.
State V. Jones: Maryland's Flexible Present Sense Impression Exception, Judith Lynn Schlossberg
State V. Jones: Maryland's Flexible Present Sense Impression Exception, Judith Lynn Schlossberg
Maryland Law Review
No abstract provided.
Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore
Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore
Touro Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Evidence, Charles E. Friend
Annual Survey Of Virginia Law: Evidence, Charles E. Friend
University of Richmond Law Review
The past year has brought a number of cases which have supplemented and clarified existing Virginia law. The Court of Appeals of Virginia has produced many of these decisions in the exercise of its initial appellate jurisdiction, but the docket of the Supreme Court of Virginia has also generated some important holdings in the evidence area.
Campbell V. Greer: Impeaching Witnesses With Prior Conviction Evidence In A Civil Trial
Campbell V. Greer: Impeaching Witnesses With Prior Conviction Evidence In A Civil Trial
Washington and Lee Law Review
No abstract provided.
Fit To Be Fryed: Frye V. United States And The Admissibility Of Novel Scientific Evidence, John D. Borders Jr.
Fit To Be Fryed: Frye V. United States And The Admissibility Of Novel Scientific Evidence, John D. Borders Jr.
Kentucky Law Journal
No abstract provided.