Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Evidence

1991

Institution
Keyword
Publication
Publication Type
File Type

Articles 31 - 57 of 57

Full-Text Articles in Law

Evidence Scholarship, Old And New, Roger C. Park Jan 1991

Evidence Scholarship, Old And New, Roger C. Park

Faculty Scholarship

No abstract provided.


Hearsay In State Administrative Hearings: The Maryland Experience And Suggestions For Change, Arnold Rochvarg Jan 1991

Hearsay In State Administrative Hearings: The Maryland Experience And Suggestions For Change, Arnold Rochvarg

University of Baltimore Law Review

No abstract provided.


Re-Examining Hearsay Under The Federal Rules: Some Method For The Madness, Paul S. Milich Jan 1991

Re-Examining Hearsay Under The Federal Rules: Some Method For The Madness, Paul S. Milich

Faculty Publications By Year

No abstract provided.


Procedural Options For Resolving Hearsay Issues, Roger C. Park Jan 1991

Procedural Options For Resolving Hearsay Issues, Roger C. Park

Faculty Scholarship

No abstract provided.


To See Or Not To See The Defendant: Expanding The Use Of Florida's Special Procedures For Taking The Testimony Of Witnesses, Glenn F. Lang Jan 1991

To See Or Not To See The Defendant: Expanding The Use Of Florida's Special Procedures For Taking The Testimony Of Witnesses, Glenn F. Lang

Florida State University Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Character Impeachment Evidence: Psycho-Bayesian (!?) Analysis And A Proposed Overhaul, Richard D. Friedman Jan 1991

Character Impeachment Evidence: Psycho-Bayesian (!?) Analysis And A Proposed Overhaul, Richard D. Friedman

Articles

Typically, arguments for restricting character impeachment evidence are based in part on the premise that prior crimes, at least violent crimes, generally indicate little about a person's veracity. The argument advanced here against character impeachment of criminal defendants does not rely on that premise; in fact, it accepts the premise that prior antisocial behavior, even not involving dishonesty, often does indicate a good deal about a person's general truthtelling inclination. A careful analysis of the situation of the accused on the witness stand-rather than an easy assumption about irrelevance-leads to this Article's broad conclusion that character impeachment evidence of criminal …


Expert Testimony On The Batered Woman Syndrome In Maryland, Jeanne-Marie Bates Jan 1991

Expert Testimony On The Batered Woman Syndrome In Maryland, Jeanne-Marie Bates

Maryland Law Review

No abstract provided.


Public Opinion Polls And Surveys As Evidence: Suggestions For Resolving Confusing And Conflicting Standards Governing Weight And Admissibility , Susan J. Becker Jan 1991

Public Opinion Polls And Surveys As Evidence: Suggestions For Resolving Confusing And Conflicting Standards Governing Weight And Admissibility , Susan J. Becker

Law Faculty Articles and Essays

Section I provides a basic overview of public opinion polls, beginning with a brief explanation of the current popularity of this type of data, followed by a discussion of the courts' historic treatment of survey evidence and a review of modern standards which courts use in evaluating the weight and admissibility of polling data. The exact "rules" governing the conduct of litigants and their respective counsel in commissioning and executing a survey and those governing the courts' refereeing of evidentiary disputes over polling data remain unclear. These unresolved issues are discussed in Section II. Suggestions for moving toward a more …


Novel Scientific Evidence Of Intoxication: Acoustic Analysis Of Voice Recordings From The Exxon Valdez, J. Alexander Tanford, David B. Pisoni, Keith Johnson Jan 1991

Novel Scientific Evidence Of Intoxication: Acoustic Analysis Of Voice Recordings From The Exxon Valdez, J. Alexander Tanford, David B. Pisoni, Keith Johnson

Articles by Maurer Faculty

Part of this article reports original research conducted under the direction of the second and third authors. The initial re search was supported by a contract to Indiana University from General Motors Research Laboratories. The specific analyses of voice recordings of Captain Joseph Hazelwood were conducted by them at the re quest of the National Transportation Safety Board, and are based on tapes and data supplied by the NTSB. The second author may be called as a witness in some of the lawsuits pending against the Exxon Corporation. The opinions expressed in this article concerning whether this evidence meets the …


Genetically Altered Admissibility: Legislative Notice Of Dna Typing, Jayne L. Jakubaitis Jan 1991

Genetically Altered Admissibility: Legislative Notice Of Dna Typing, Jayne L. Jakubaitis

Cleveland State Law Review

This note examines the conflict over acceptance of DNA evidence. Part I discusses the process of DNA typing as a form of scientific evidence and the courts' responses to this novel technique. Part II examines the legislative responses to DNA typing. Part III explores the potential impact of the admissibility statutes both on the courts and on the accused. Finally, Part IV suggests areas of legislative regulation which may aid in resolving the current difficulties of DNA typing.


Videotaped Reenactments In Civil Trials: Protecting Probative Evidence From The Trial Judge's Unbridled Discretion, 24 J. Marshall L. Rev. 433 (1991), Elizabeth A. Savage Jan 1991

Videotaped Reenactments In Civil Trials: Protecting Probative Evidence From The Trial Judge's Unbridled Discretion, 24 J. Marshall L. Rev. 433 (1991), Elizabeth A. Savage

UIC Law Review

No abstract provided.


The Exclusionary Rule And Confession Evidence: Some Perspectives On Evolving Practices And Policies In The United States And England And Wales, Mark Berger Jan 1991

The Exclusionary Rule And Confession Evidence: Some Perspectives On Evolving Practices And Policies In The United States And England And Wales, Mark Berger

Faculty Works

No abstract provided.


Genetically Altered Admissibility: Legislative Notice Of Dna Typing, Jayne L. Jakubaitis Jan 1991

Genetically Altered Admissibility: Legislative Notice Of Dna Typing, Jayne L. Jakubaitis

Cleveland State Law Review

This note examines the conflict over acceptance of DNA evidence. Part I discusses the process of DNA typing as a form of scientific evidence and the courts' responses to this novel technique. Part II examines the legislative responses to DNA typing. Part III explores the potential impact of the admissibility statutes both on the courts and on the accused. Finally, Part IV suggests areas of legislative regulation which may aid in resolving the current difficulties of DNA typing.


Hear No Evil, See No Evil: On Professor Nesson's Claims About Evidence Suppression, Dale A. Nance Jan 1991

Hear No Evil, See No Evil: On Professor Nesson's Claims About Evidence Suppression, Dale A. Nance

Faculty Publications

Response to Professor Nesson's presentaiton at the Decision and Interference Litigation symposium, New York, New York, 1991.


Evidence, David A. Schlueter Jan 1991

Evidence, David A. Schlueter

Faculty Articles

This article addresses some of the more significant evidence cases decided by the Fifth Circuit during the survey period.' Before turning to the cases themselves, it is important to note at the outset that like other federal courts, the Fifth Circuit is generally not inclined to reverse a case on an evidentiary error. It should not be surprising then that in most of the cases which follow, the court implicitly deferred to the decision of the trial judge in deciding whether a certain piece of evidence was admissible.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.


Fourth, Fifth, And Sixth Amendments, William E. Hellerstein Jan 1991

Fourth, Fifth, And Sixth Amendments, William E. Hellerstein

Touro Law Review

No abstract provided.


Jurisdiction Of The County Court Jan 1991

Jurisdiction Of The County Court

Touro Law Review

No abstract provided.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.


Improving The Procedure For Resolving Hearsay Issues, Richard D. Friedman Jan 1991

Improving The Procedure For Resolving Hearsay Issues, Richard D. Friedman

Articles

In this article, I propose two changes in the way hearsay issues are usually resolved. First, in some circumstances courts should divide the burdens of producing the declarant-for example, by imposing the physical burden on the proponent and the financial burden on the opponent. Second, no matter how the declarant is produced as a witness, she should ordinarily testify as part of the proponent's case, subject to cross-examination by the opponent. If the declarant does become a witness, the admissibility of her out-of-court statement should not be resolved until her current testimony about the underlying events is received.


The Whole Truth?: How Rules Of Evidence Make Lawyers Deceitful, Bruce A. Green Jan 1991

The Whole Truth?: How Rules Of Evidence Make Lawyers Deceitful, Bruce A. Green

Faculty Scholarship

No abstract provided.


Missing Evidence, Dale A. Nance Jan 1991

Missing Evidence, Dale A. Nance

Faculty Publications

Given the nature of my enterprise, I resist stating a specific thesis. Nevertheless, for the reader who wants an organizing or motivating principle, I offer the following two recurrent themes. First, I want to examine the relationship of traditional admissibility rules to the problem of missing evidence and to other forms of juridical response to that problem. The reason for this interest will be explained in the next section. Second, I want to investigate, as we proceed, the extent to which the regulation of proof, evidence law broadly conceived, is instrumentally related to accuracy or truth seeking, and the extent …


Rules Of Evidence Amendments, Paul C. Giannelli Jan 1991

Rules Of Evidence Amendments, Paul C. Giannelli

Faculty Publications

No abstract provided.


Dna Evidence, Paul C. Giannelli Jan 1991

Dna Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Gunshot Residue Tests, Paul C. Giannelli Jan 1991

Gunshot Residue Tests, Paul C. Giannelli

Faculty Publications

No abstract provided.


Nita Problems In Evidence: Student Manual, Thomas Reed Dec 1990

Nita Problems In Evidence: Student Manual, Thomas Reed

Thomas J Reed

No abstract provided.