Law Commons^™

"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.

Scholarly Works

This Article explores the admissibility of illegally obtained evidence in Georgia criminal cases prior to 1961 and during the post-Mapp era and endeavors to assess the future admissibility of illegally seized evidence in Georgia under both federal and state law.

Technical And Scientific Evidence In Administrative Adjudication, Scott C. Whitney

Faculty Publications

No abstract provided.

Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer

Faculty Publications

No abstract provided.

Credibility And Character: A Different Look At An Interminable Problem, Robert G. Lawson

Law Faculty Scholarly Articles

The problems of character evidence "resolved" by the new Federal Rules are problems that involve the structure of human personality. The judgmental processing by jurors of character information involves a behavioral transaction called interpersonal perception. Each of these psychological problems has been intensively investigated for nearly 40 years. As the character problems of the law now take on the appearance of having been solved, there is not the slightest indication that the results of this scientific endeavor influenced the choices made by the law. The solutions to these problems composed by the Judicial Conference and embraced by the Supreme Court …

Kentucky Law Survey: Evidence, Robert G. Lawson

Law Faculty Scholarly Articles

This article provides a survey of Kentucky case law on evidence. The author discusses: the “Cotton” doctrine, hearsay and the reported testimony exception, learned treatises, and the best evidence rule.

Kentucky Law Survey: Evidence, Robert G. Lawson

Law Faculty Scholarly Articles

This article provides a survey of Kentucky case law on evidence. The author discusses: impeachment of an accused by felony convictions, the “Cotton” doctrine, vehicular accidents and expert opinions, and the burden of proof in criminal cases.

Oregon V. Hass, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt

Scholarly Publications

The law of evidence had been codified in three states, California, New Jersey and Kansas, prior to the United States Supreme Court's promulgation of the Proposed Federal Rules of Evidence. The submission of the rules to the Congress, and their approval, as amended, by the House of Representatives served as the catalyst for renewed interest in evidence codification. Three states have recently adopted comprehensive Rules of Evidence that closely parallel the Proposed Federal Rules, and at least four other states, including Florida, have drafted or are actively considering the adoption of such a codification. During the 1974 session of the …

Evidence Code: Privileges, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

Evidence Code: Presumptions, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

Evidence Code: Hearsay, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

Some Themes In The Proposed Federal Rules Of Evidence, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Although the Federal Rules of Evidence are under consideration by Congress, it is unlikely that many of their major themes will be reversed. The present article examines some of these themes as they appear in the Supreme Court-approved draft. The aim is merely to make more explicit the effects of the Rules and suggest some questions for study.

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.

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.

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.

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 …

Easy Cases, Bad Law, And Burdens Of Proof, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

Schneble V. Florida, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Highlights Of The Proposed Federal Rules Of Evidence, Thomas F. Green Jr.

Scholarly Works

To prepare a draft of proposed rules, the Chief Justice of the United States, as chairman of the Judicial Conference, appointed an Advisory Committee of fifteen members. Membership is comrpised of eight trial attorneys, the former chief of the criminal appeals unit of the Department of Justice, four federal judges, and two members of law school faculties. A third academician, Edward W. Cleary, who before teaching had 11 years of active practice, is Reporter for the Committee, furnishing many of the ideas, doing or directing most of the research, and usually doing the original drafting. After three and a half …

The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson

Law Faculty Scholarly Articles

Over the years the term “presumption” has been used by virtually all courts to “designate what are more accurately termed inferences or substantive rules of law.” It has also been used as a “loose synonym for presumption of fact, presumption of law, rebuttable presumption, and irrebuttable presumption.” To this list the Kentucky Court of Appeals had added mandatory presumption, presumptive evidence, and prima facie case. Perhaps of more significance than the indiscriminate use of terminology is the extent to which courts have used “presumptions” to describe judicial reasoning of various kinds and to perform chores more appropriate to unrelated procedural …

Evidence, Roslyn M. Litman

Scholarship

This article is not intended to constitute a comprehensive review of all evidence cases decided in Pennsylvania in the past ten years. The cases selected, of necessity, have been limited. They have been chosen because they affect either a field of special interest or one of special confusion. Cases dealing with applications of the parol evi­dence rule and with constitutional issues in criminal prosecutions have been omitted entirely because they are covered elsewhere in this Survey.

A Re-Evaluation Of The Privilege Against Adverse Spousal Testimony In The Light Of Its Purpose, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The recent development in American federal criminal evidence law to be examined and compared with English law in this paper, is a new evolutionary turn taken by the husband-wife privilege against adverse spousal testimony, manifest in the Supreme Court decision of Wyatt v. United States. The House of Lords, in Rumping v. D.P.P., just decided, suggests that the English spousal privileges might be susceptible of similar development.

Bullets, Bad Florins, And Old Boots: A Report Of The Indiana Trial Judges Seminar On The Judge's Control Over Demonstrative Evidence, Thomas L. Shaffer

Journal Articles

In the spring of 1963, the Indiana Judges Association, which represents about 100 of the 120 trial judges of Indiana, and the Joint Committee for the Effective Administration of Justice sponsored the first "Indiana Trial Judges Seminar" in Indianapolis. The seminar was divided into five subject areas of practical importance to trial judges, with each discussion led by a team of nationally-recognized experts and supplemented by a teacher of law who acted as reporter.

The opportunity to be a reporter on the subject area, "The Judge's Control Over Demonstrative Evidence," proved to be an uncommonly promising occasion for gathering empirical …

People V. Citrino [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant's possession of tools that had been taken in a burglary could be inferred from the fact that the tools had been abandoned, and defendant's recently driven car was found nearby.

People V. Carmen [Dissent], Jesse W. Carter

Jesse Carter Opinions

Evidence of another crime, part of the same criminal act for which defendant was on trial, was admissible at defendant's trial.