Law Commons^™

Evidence Code: Authentication And Identification, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

Evidence Code: General Provisons, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

Corning Glass Works V. Brennan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Scope Of Cross-Examination And The Proposed Federal Rules, Ronald L. Carlson

Scholarly Works

In analyzing the proposed Federal Rules of Evidence, the drafting work of the Advisory Committee should not be overlooked. This is easy to do when any particular rule is isolated and criticized. For the most part, the total rules package prepared by the Advisory Committee represents a commendable effort to provide a needed set of uniform rules for federal trials. The ideas contained in the new rules are almost invariably well researched. When oversights or omissions in treatment do appear, however, it is well to raise these points for discussion. Congress is reviewing the Proposed Federal Rules, and the final …

Evidence Code: Witnesses, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

Evidence Code: Relevancy, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

Evidence Code: Opinions And Expert Testimony, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

Evidence Code: Judical Notice, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

Argument To The Jury And The Constitutional Right Of Confrontation, Ronald L. Carlson

Scholarly Works

Dean Carlson poses the question: When a prosecutor refers to evidence outside the record in his summation, has he thereby violated the accused person's constitutional right to cross-examine the witnesses against him? The prevailing view is that this is reversible error only if the defendant can prove that the reference was highly prejudicial.

After a full analysis of all the leading decisions--and these are largely analogous in nature--the author proposes a new rule and a new approach to this unexplored area.

Admissibility Of Evidence Found By Marijuana Detection Dogs, Fredric I. Lederer, Calvin M. Lederer

Faculty Publications

No abstract provided.

Marijuana Dog Searches After United States V. Unrue, Fredric I. Lederer, Calvin M. Lederer

Faculty Publications

No abstract provided.

Uncertain Rule Of Certainty: An Analysis And Proposal For A Federal Evidence Rule, The , Michael M. Martin

Faculty Scholarship

Two characteristic principles of Anglo-American evidence law are the requirement that witnesses testify only to their personal observations (the "first-hand knowledge" rule) and the prohibition against witnesses testifying to their inferences (the "opinion" rule). However, a longstanding exception to these principles permits witnesses possessed of skill or learning to draw inferences, often from facts they have not personally observed. Because such expert opinion testimony is exceptional, it is hedged about with various restrictions in addition to those such as relevancy which apply to all testimony. The predicate for admission of expert opinion testimony generally consists of two elements. First, the …

Evidence: Introduction, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The United States Supreme Court's evidentiary ruling during 1971-72 manifested a hardening attitude toward criminal defendants. For example, police stop-and-frisk authority was broadened (and with it the use of evidence obtained therefrom); the scope of the immunity from criminal prosecution required to be granted by a governmental body before self-incriminatory statements can be compelled from a witness was narrowed; the right to have counsel at line-ups was limited to post-indictment or post-charge line-ups (with a consequent broadening of the use of counselless identification evidence); the preliminary burden of proof on the government to initially prove the voluntariness of confessions was …

The Proposed Amendments To The Federal Rules Of Evidence, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The Supreme Court has approved a uniform code of evidence for all federal courts. Amendments to the Supreme Court's rules are now pending in the House of Representatives. From the point of view of a specialist in the law of evidence, Professor Rothstein analyzes the differences between the Supreme Court's proposals and the House amendments and suggests solutions to these conflicts.

The Second Circuit Review: Ix. Evidence: Introduction, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The past year's developments in the law of evidence have been characterized by a hardening attitude toward criminal defendants. The United States Supreme Court's evidentiary rulings during the term covered by the Second Circuit Review (1971-72) manifested this trend (although not uniformly). For example, police stop-and-frisk authority was broadened (and with it the use of evidence obtained therefrom); the scope of the immunity from criminal prosecution required to be granted by a governmental body before self-incriminatory statements can be compelled from a witness was narrowed; the right to have counsel at line-ups was limited to postindictment or post-charge line-ups (with …