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Full-Text Articles in Law

Strengths, Limitations, And Controversies Of Dna Evidence, Naseam Rachel Behrouzfard Dec 2014

Strengths, Limitations, And Controversies Of Dna Evidence, Naseam Rachel Behrouzfard

University of Massachusetts Law Review

This article explores the benefits of DNA evidence as well as the evidentiary problems associated with DNA. Part II discusses the history, development, and the emergence of DNA in the criminal justice system. Part III analyzes the significance of DNA evidence and its impact on recent cases. Part IV describes the disadvantages of DNA evidence in terms of efficiency, risks, human error, and its impact on jurors.


Supreme Court, New York County, People V. Vasquez, Jessica Goodwin Nov 2014

Supreme Court, New York County, People V. Vasquez, Jessica Goodwin

Touro Law Review

No abstract provided.


Putting The Cat Back In The Bag: Involuntary Confessions And Self-Incrimination, Joseph A. Iemma Nov 2014

Putting The Cat Back In The Bag: Involuntary Confessions And Self-Incrimination, Joseph A. Iemma

Touro Law Review

No abstract provided.


Evidentiary Use Of Photographic Identification: Is It Time For New York To Reevaluate Its Singular Exception?, Daniela Giordano Nov 2014

Evidentiary Use Of Photographic Identification: Is It Time For New York To Reevaluate Its Singular Exception?, Daniela Giordano

Touro Law Review

No abstract provided.


A Short Primer On The Admissibility Of Forensic Science Evidence In Tennessee: A Checklist, Bernard A. Raum Apr 2014

A Short Primer On The Admissibility Of Forensic Science Evidence In Tennessee: A Checklist, Bernard A. Raum

Tennessee Journal of Law and Policy

For decades, aircraft pilots have been using preflight and approach-to-landing checklists rather than relying on their memory to ensure that everything has been done in its proper sequence. The use of this tool gives pilots the ability to fly their aircrafts safely and according to an established procedure. Similarly, most trial attorneys employ witness checklists during the in-court examination of their witnesses to ensure that all of the witnesses' evidence has been fully presented and their exhibits have been properly marked and received in evidence. It is the intent of this presentation to suggest the use of another evidentiary checklist …


Admissibility Of Field Test Results At Trial To Prove Intoxication, Vincent J. Costa Mar 2014

Admissibility Of Field Test Results At Trial To Prove Intoxication, Vincent J. Costa

Touro Law Review

No abstract provided.


The Federal Retreat From Protecting Defendants From Tainted Show-Up Identifications And The Superiority Of New York's Approach, Stephan Josephs Mar 2014

The Federal Retreat From Protecting Defendants From Tainted Show-Up Identifications And The Superiority Of New York's Approach, Stephan Josephs

Touro Law Review

No abstract provided.


Is New York Achieving More Reliable And Just Convictions When The Admissibility Of A Suggestive Pretrial Identification Is At Issue?, Matthew Gordon Mar 2014

Is New York Achieving More Reliable And Just Convictions When The Admissibility Of A Suggestive Pretrial Identification Is At Issue?, Matthew Gordon

Touro Law Review

No abstract provided.


Toward A Child-Centered Approach To Evaluating Claims Of Alienation In High-Conflict Custody Disputes, Allison M. Nichols Feb 2014

Toward A Child-Centered Approach To Evaluating Claims Of Alienation In High-Conflict Custody Disputes, Allison M. Nichols

Michigan Law Review

Theories of parental alienation abound in high-conflict custody cases. The image of one parent brainwashing a child against the other parent fits with what we think we know about family dynamics during divorce. The concept of a diagnosable “Parental Alienation Syndrome” (“PAS”) developed as an attempt to explain this phenomenon, but it has been widely discredited by mental health professionals and thus fails the standard for evidentiary admissibility. Nevertheless, PAS and related theories continue to influence the decisions of family courts, and even in jurisdictions that explicitly reject such theories, judges still face the daunting task of resolving these volatile …


Sweet Caroline: The Backslide From Federal Rule Of Evidence 613(B) To The Rule In Queen Caroline's Case, Katharine T. Schaffzin Jan 2014

Sweet Caroline: The Backslide From Federal Rule Of Evidence 613(B) To The Rule In Queen Caroline's Case, Katharine T. Schaffzin

University of Michigan Journal of Law Reform

Since 1975, Rule 613(b) of the Federal Rules of Evidence has governed the admission of extrinsic evidence of a prior inconsistent statement in federal court. Rule 613(b) requires the proponent of the prior inconsistent statement to provide the declarant an opportunity to explain or deny it. There is no requirement that the proponent provide that opportunity at any particular time or in any particular sequence. Rule 613 reflected a change from the common law that had fallen out of fashion in the federal courts. That common law rule, known as the Rule in Queen Caroline’s Case, required the proponent of …