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Evidence

1989

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Articles 1 - 30 of 37

Full-Text Articles in Law

The Right To Evidence, Bennett L. Gershman Nov 1989

The Right To Evidence, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Although its theoretical basis may be disputed, nobody questions the proposition that a person charged with a crime has a constitutional right to present a defense. Presenting a defense naturally requires access to proof. Access includes not only the availability of evidence, but also its permissible use. Consider some examples: A defendant wants to testify, but his lawyer's threats drive him off the stand. A witness who might be expected to give favorable testimony for the defense appears at trial but refuses to testify. A defense witness wants to testify, but because the defendant failed to notify the prosecutor ...


A Political-Choice Approach To Limiting Prejudicial Evidence, J. Alexander Tanford Oct 1989

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 Sep 1989

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 Jul 1989

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 Admissibility Of Mental State Observations Obtained During Unlawful Custodial Interrogation: Drawing The Line On The Real Or Physical Evidence Distinction, Julie A. Hardy Jul 1989

The Admissibility Of Mental State Observations Obtained During Unlawful Custodial Interrogation: Drawing The Line On The Real Or Physical Evidence Distinction, Julie A. Hardy

Boston College Law Review

No abstract provided.


The Search And Seizure Exclusionary Rule, Department Of Justice Office Of Legal Policy Jun 1989

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 ...


The Admission Of Criminal Histories At Trial, Department Of Justice Office Of Legal Policy Jun 1989

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.


Webs Of Things In The Mind: A New Science Of Evidence, Peter Tillers May 1989

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


Admissibility Of Prior Acquitted Crimes Under Rule 404(B): Why The Majority Should Adopte The Minority Rule, Miguel Manuel Delao Apr 1989

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.


Proof And Prejudice: A Constitutional Challenge To The Treatment Of Prejudicial Evidence In Federal Criminal Cases, D. Craig Lewis Apr 1989

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 ...


Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy Apr 1989

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 ...


Confusing The Fifth Amendment With The Sixth: Lower Court Misapplication Of The Innis Definition Of Interrogation, Jonathan L. Marks Apr 1989

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 analyze the impact ...


United States V. Shaw: What Constitutes An "Injury" Under The Federal Rape-Shield Statute?, Kethleen Winters Mar 1989

United States V. Shaw: What Constitutes An "Injury" Under The Federal Rape-Shield Statute?, Kethleen Winters

University of Miami Law Review

No abstract provided.


Miranda And The Rehnquist Court: Has The Pendulum Swung Too Far?, Paul A. Nappi Mar 1989

Miranda And The Rehnquist Court: Has The Pendulum Swung Too Far?, Paul A. Nappi

Boston College Law Review

No abstract provided.


The Admissibility Of Hypnotically Refreshed Testimony: Rock V. Arkansas, Charles D. Gill Jr Mar 1989

The Admissibility Of Hypnotically Refreshed Testimony: Rock V. Arkansas, Charles D. Gill Jr

Boston College Law Review

No abstract provided.


Admissibility Of Expert Testimony In Child Sexual Abuse Cases In California: Retire Kelly-Frye And Return To A Traditional Analysis, Linda Carter Jan 1989

Admissibility Of Expert Testimony In Child Sexual Abuse Cases In California: Retire Kelly-Frye And Return To A Traditional Analysis, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.


University Of Richmond Law Review Jan 1989

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Fit To Be Fryed: Frye V. United States And The Admissibility Of Novel Scientific Evidence, John D. Borders Jr. Jan 1989

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.


Testimonial Consistency: The Hobgoblin Of The Federal False Declaration Statute, Sidney Delong Jan 1989

Testimonial Consistency: The Hobgoblin Of The Federal False Declaration Statute, Sidney Delong

Faculty Scholarship

This article focuses on the inconsistent statement provision of the Federal False Declaration Statute. Part I of this article identifies certain anomalous aspects of perjury that make it particularly difficult to control by threats of punishment. Perjury's resemblance to an innocent mistake creates a risk that criminal sanctions will be misapplied. These sanctions may have counterproductive effects, at times inducing people to commit perjury and at others inhibiting people from correcting inaccurate testimony that they have previously given. Part II demonstrates the way in which the conflict between the goals of deterrence and mitigation is manifested in the federal ...


Illinois' Latest Version Of The Defense Of Voluntary Intoxication: Is It Wise? Is It Constitutional?, 39 Depaul L. Rev. 15 (1989), Timothy P. O'Neill Jan 1989

Illinois' Latest Version Of The Defense Of Voluntary Intoxication: Is It Wise? Is It Constitutional?, 39 Depaul L. Rev. 15 (1989), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.


Defending Miranda, Paul Marcus Jan 1989

Defending Miranda, Paul Marcus

Faculty Publications

No abstract provided.


The Admissibility Of Evidence Protected By Noerr-Pennington, Michael Lewyn Jan 1989

The Admissibility Of Evidence Protected By Noerr-Pennington, Michael Lewyn

Scholarly Works

No abstract provided.


The International Silver Platter And The "Shocks The Conscience" Test: U.S. Law Enforcement Overseas, Robert L. King Jan 1989

The International Silver Platter And The "Shocks The Conscience" Test: U.S. Law Enforcement Overseas, Robert L. King

Washington University 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 Jan 1989

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.


Impeachment Of Witnesses: Part I, Paul C. Giannelli Jan 1989

Impeachment Of Witnesses: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno Jan 1989

Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno

Faculty Publications

No abstract provided.


Annual Survey Of Virginia Law: Evidence, Charles E. Friend Jan 1989

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 Jan 1989

Campbell V. Greer: Impeaching Witnesses With Prior Conviction Evidence In A Civil Trial

Washington and Lee Law Review

No abstract provided.


State V. Jones: Maryland's Flexible Present Sense Impression Exception, Judith Lynn Schlossberg Jan 1989

State V. Jones: Maryland's Flexible Present Sense Impression Exception, Judith Lynn Schlossberg

Maryland Law Review

No abstract provided.


Helping Jurors To Make Sense Of Expert Testimony, David Aaronson Jan 1989

Helping Jurors To Make Sense Of Expert Testimony, David Aaronson

Articles in Law Reviews & Other Academic Journals

Today's jurors frequently sit in trials where confusing and conflicting expert testimony is likely to be presented by sophisticated and highly trained individuals, using terminology unfamiliar to the average person. Proposals have been made and trial courts are experimenting with various procedures—none thoroughly evaluated— to improve jurors’ ability to cope with such testimony. My purpose here is to more clearly identify the problem and to review some of the reform proposals.