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Evidence

2007

Evidence

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Articles 1 - 30 of 41

Full-Text Articles in Law

Accounting For Federalism In State Courts - Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hillary J. Massey Nov 2007

Accounting For Federalism In State Courts - Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hillary J. Massey

Boston College Law School Faculty Papers

After the terrorist attacks on September 11th, Congress greatly enhanced federal law enforcement powers through enactment of the U.S.A. Patriot Act. The Supreme Court also has provided more leeway to federal officers in the past few decades, for example by limiting the scope of the exclusionary rule. At the same time, many states have interpreted their constitutions to provide greater individual protections to their citizens than provided by the federal constitution. This phenomenon has sometimes created a wide disparity between the investigatory techniques available to federal versus state law enforcement officers. As a result, state courts sometimes must ...


Science In The Jury Box: Jurors' Views And Understanding Of Mitochondrial Dna Evidence, Valerie P. Hans, David H. Kaye, B. Michael Dann, Erin J. Farley, Stephanie Albertson Oct 2007

Science In The Jury Box: Jurors' Views And Understanding Of Mitochondrial Dna Evidence, Valerie P. Hans, David H. Kaye, B. Michael Dann, Erin J. Farley, Stephanie Albertson

Cornell Law Faculty Publications

This article describes parts of an unusually realistic experiment on the comprehension of expert testimony on mitochondrial DNA (mtDNA) sequencing in a criminal trial for robbery. Specifically, we examine how jurors who responded to summonses for jury duty evaluated portions of videotaped testimony involving probabilities and statistics. Although some jurors showed susceptibility to classic fallacies in interpreting conditional probabilities, the jurors as a whole were not overwhelmed by a 99.98% exclusion probability that the prosecution presented. Cognitive errors favoring the defense were more prevalent than ones favoring the prosecution. These findings lend scant support to the legal argument that ...


Fact, Fiction And Proof In The 21st Century: Evidence And Credibility For Fact Finding By Administrative Law Judges, Lynn Mclain Oct 2007

Fact, Fiction And Proof In The 21st Century: Evidence And Credibility For Fact Finding By Administrative Law Judges, Lynn Mclain

All Faculty Scholarship

Handout from a panel at the NAALJ Annual Conference covering credibility.


Hearsay Law: Recent Developments In Maryland And In The Supreme Court, Lynn Mclain Oct 2007

Hearsay Law: Recent Developments In Maryland And In The Supreme Court, Lynn Mclain

All Faculty Scholarship

Handout from an Anne Arundel County Bar Association CLE class concerning then-recent developments in Maryland hearsay rules.


Comments On Child Abuse Litigation In A "Testimonial" World: The Intersection Of Competency, Hearsay, And Confrontation, Myrna S. Raeder Oct 2007

Comments On Child Abuse Litigation In A "Testimonial" World: The Intersection Of Competency, Hearsay, And Confrontation, Myrna S. Raeder

Indiana Law Journal

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.


The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna Oct 2007

The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna

Indiana Law Journal

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.


Credibility: A Fair Subject For Expert Testimony?, Anne Poulin Jul 2007

Credibility: A Fair Subject For Expert Testimony?, Anne Poulin

Working Paper Series

This article explores the ways in which experts can assist the jury to assess the credibility of other witnesses and suggests analytical approaches to such expert testimony. The article argues that the courts should be more receptive to expert testimony bearing on witness credibility and engage in a more nuanced consideration of the role played by proffered expert testimony and how the role of the evidence affects its admissibility. Doing so should lead the courts to embrace the promise of the modern rules of evidence and permit experts to assist juries as they assess credibility.


Miranda Is Not Enough: A New Justification For Demanding "Strong Corroboration" To A Confession, Boaz Sangero Apr 2007

Miranda Is Not Enough: A New Justification For Demanding "Strong Corroboration" To A Confession, Boaz Sangero

Prof. Boaz Sangero

Following research conducted in recent years—some of it regarding evidence obtained through DNA testing—no doubt remains that, in reality, innocent persons are convicted of crimes and that, in a significant number of these cases, wrongful convictions are solely based on the out-of-court confessions of accused persons obtained by police interrogators.This Article discusses existing law regarding confessions and convictions based on confessions. While this body of law deals in a relatively satisfactory manner with the fear that the confession is involuntary (primarily, through Miranda rules), unfortunately, it does not adequately address the serious fear of false confessions.The ...


Citizen Journalism And The Reporter’S Privilege, Mary-Rose Papandrea Mar 2007

Citizen Journalism And The Reporter’S Privilege, Mary-Rose Papandrea

Boston College Law School Faculty Papers

The reporter’s privilege is under attack, and “pajama-clad bloggers” are largely to blame. Courts and commentators have argued that because the rise of bloggers and other “citizen journalists” renders it difficult to define who counts as a reporter entitled to invoke the privilege, its continued existence is in grave doubt. The accompanying Article argues that this hysteria is misplaced. The development of the internet as a new medium of communication in many ways poses the same kinds of challenges to the reporter’s privilege that courts and state legislatures have faced for decades as television reporters, radio commentators, book ...


Hudson And Samson: The Roberts Court Confronts Privacy, Dignity, And The Fourth Amendment, John D. Castiglione Feb 2007

Hudson And Samson: The Roberts Court Confronts Privacy, Dignity, And The Fourth Amendment, John D. Castiglione

ExpressO

This article critically analyzes Samson v. California and Hudson v. Michigan, which were the Roberts Court's first major Fourth Amendment decisions. In Samson, the Court upheld a California law allowing government officials to search parolees without any suspicion of wrongdoing. In Hudson, to the surprise of almost every observer, the Court held that knock-and-announce violations do not carry with them a remedy of exclusion. What was most notable about Hudson was not only that it rejected what every state and every federal court, save one, believed to be the proper remedy for knock-and-announce violations, but that it called into ...


Is Silence Sacred? The Vulnerability Of Griffin V. California In A Terrorist World, Lissa Griffin Feb 2007

Is Silence Sacred? The Vulnerability Of Griffin V. California In A Terrorist World, Lissa Griffin

William & Mary Bill of Rights Journal

No abstract provided.


Here Is The Church, Now Who Owns The Steeple? A Revised Approach To Church Property Disputes, Adam E. Lyons Feb 2007

Here Is The Church, Now Who Owns The Steeple? A Revised Approach To Church Property Disputes, Adam E. Lyons

William & Mary Bill of Rights Journal

This Article reviews two approaches to the implementation of neutral principles of law--the constitutionally permissible method of resolving property disputes between bodies in a religious hierarchy. Though both approaches may be valid, the formal title approach, as implemented by the Pennsylvania Supreme Court in Presbytery of Beaver- Butler v. Middlesex Presbyterian Church, leads to problems in application that have been rectified by that court's more recent decision in In re Church of St. James the Less. It is the contention of this Article that future courts and practitioners facing church property disputes can draw guidance from the St. James ...


A Proposal To Amend Rule 407 Of The Federal Rules Of Evidence To Conform With The Underlying Relevancy Rationale For The Rule In Negligence And Strict Liability Actions, Ralph Ruebner, Eugene Goryunov Jan 2007

A Proposal To Amend Rule 407 Of The Federal Rules Of Evidence To Conform With The Underlying Relevancy Rationale For The Rule In Negligence And Strict Liability Actions, Ralph Ruebner, Eugene Goryunov

ExpressO

The current version of FRE 407 prevents the use of evidence of remedial measures taken after an event that caused an injury or harm in order to prove negligence, culpable conduct, or strict product liability. Our proposal is that the language of Rule 407 be amended to preclude the admissibility of remedial measures which are taken both before and after an injury. This change will implement the relevancy rationale for the rule.


Prosecutors: Factors To Aid Your Filing Decisions With Respect To Fatal Traffic Collisions, Kimberly Rebecca Bird Jan 2007

Prosecutors: Factors To Aid Your Filing Decisions With Respect To Fatal Traffic Collisions, Kimberly Rebecca Bird

ExpressO

As you may know, on a fairly regular basis, prosecutors are faced with filing decisions with respect to fatal traffic collisions. Many of them, of course, do not involve criminal negligence and are not prosecuted as crimes. Sometimes, on the other hand, the circumstances are egregious and the decision to be made is whether to file a case as a vehicular manslaughter or as a murder, on an implied malice theory. There are a finite number of California Supreme Court and Court of Appeal cases (beginning with People v. Watson (1981) 30 Cal.3d 290) that have addressed the sufficiency ...


Out To Lunch: Saks & Koehler Reply To Rudin & Imman's Commentary, Jonathan Koehler Jan 2007

Out To Lunch: Saks & Koehler Reply To Rudin & Imman's Commentary, Jonathan Koehler

Faculty Working Papers

At several points in their comment on our article in Science (1), Rudin & Inman (2, 3) asserted or clearly implied that we had been dishonest in our presentation. In each of those instances Rudin & Inman's charges are groundless, as we demonstrate below.

Had Rudin & Inman examined the actual source [see Fig. 1, right], they would have discovered that the words were indeed those of Moenssens, that they were consistent with the context in which they appeared, that Moenssens was not quoting Zain or anyone else, and that Saks & Koehler had accurately attributed the statement to its author, Andre Moenssens.


I’Ll Never Forget That Face . . . (But I Might Not Remember It Accurately), Jules Epstein Jan 2007

I’Ll Never Forget That Face . . . (But I Might Not Remember It Accurately), Jules Epstein

Jules Epstein

No abstract provided.


“Misconvictions,” Science And The Ministers Of Justice, Jane Campbell Moriarty Jan 2007

“Misconvictions,” Science And The Ministers Of Justice, Jane Campbell Moriarty

Jane Campbell Moriarty

DNA evidence has exonerated over two hundred wrongfully convicted defendants in the last several years, providing insights into the causes of such convictions. One such cause, faulty scientific evidence, is a focus of this article. For decades, many have written about the prevalence of and reasons for wrongful convictions --what I have termed “misconvictions.” A few reasons support the coinage “misconvictions”: the miscarriage of justice when an innocent person is convicted; the mistakes involved in the prosecution and trial of the case; the mistaken identification that may have occurred; and finally, the recognition that all wrongful convictions are a missed ...


Probability, Policy And The Problem Of Reference Class, Robert J. Rhee Jan 2007

Probability, Policy And The Problem Of Reference Class, Robert J. Rhee

Faculty Scholarship

This short paper focuses on the problem of reference class in evidentiary assessment as it relates to probability and weight of evidence. The reluctance to inject mathematical formalism into the factfinding function is justified. Objective probability requires a reference class from which a proportion is derived. Probability assessments change with the reference class. If a proposition is subject to proportional comparison against two or more different references, their selection is often an inductive process. The advantage of objectivity and methodological rigor is illusory. A legal dispute is the search for a plausible understanding of the truth, and an overtly mathematized ...


Images Of Expertise: Converging Discourses On The Use And Abuse Of Science In Massachusetts V. Epa, David S. Caudill Jan 2007

Images Of Expertise: Converging Discourses On The Use And Abuse Of Science In Massachusetts V. Epa, David S. Caudill

Villanova Environmental Law Journal

No abstract provided.


Proving Lost Profits Under Daubert: Five Questions Every Court Should Ask Before Admitting Expert Testimony, Robert M. Lloyd Jan 2007

Proving Lost Profits Under Daubert: Five Questions Every Court Should Ask Before Admitting Expert Testimony, Robert M. Lloyd

University of Richmond Law Review

No abstract provided.


The Science Of Dna Identification: From The Laboratory To The Courtroom (And Beyond), David H. Kaye Jan 2007

The Science Of Dna Identification: From The Laboratory To The Courtroom (And Beyond), David H. Kaye

Journal Articles

This article focuses on sequences of DNA base-pairs, which are becoming increasingly important in the field of law. These DNA sequences are used by forensic scientists to discover evidence such as blood stains, semen, saliva, and hair, and has become highly useful in the courtroom with regard to exonerating the innocent and convicting the guilty. Part I of the article examines how courts may (or may not) admit DNA evidence in court through four phases: uncritical acceptance; serious challenges to analytical methods and statistical interpretation of the results; renewed acceptance of DNA evidence; and acceptance of advance systems of DNA ...


The Perils Of Evidentiary Manipulation, Edward K. Cheng Jan 2007

The Perils Of Evidentiary Manipulation, Edward K. Cheng

Vanderbilt Law School Faculty Publications

The use of evidentiary rules to achieve substantive goals strikes me as a Faustian bargain, and, given Bierschbach and Stein's acknowledgedly tentative position, I hope to dissuade them of the virtues of the practice. My goal therefore is to explore briefly the potential dark side of specialized evidentiary rules. The concerns of injecting substantive goals into evidence law extend far beyond the narrow legitimacy concerns Bierschbach and Stein raise. It is not simply the question of whether we aspire to a pluralistic or majority-take-all democratic society. Rather, evidentiary manipulation threatens the legitimacy of criminal and evidence law... Bierschbach and ...


After Thirty Years, Is It Time To Change The Vehicle Inventory Search Doctrine?, Nicholas B. Stampfli Jan 2007

After Thirty Years, Is It Time To Change The Vehicle Inventory Search Doctrine?, Nicholas B. Stampfli

Seattle University Law Review

Part II of this Comment will describe the inventory search as it has developed in the Supreme Court's jurisprudence in order to provide background and understanding of the procedure as it stands today. Part III will address the difficulties in applying the Supreme Court's approach by comparing the differences in police department policies. Part IV will then closely examine Washington's somewhat laudable approach to inventory searches, the limits the state has placed on the scope of inventory searches, and the steps the state has taken to impose a consent requirement. Last, Part V will suggest much needed ...


Brady And Jailhouse Snitches, Paul C. Giannelli Jan 2007

Brady And Jailhouse Snitches, Paul C. Giannelli

Faculty Publications

No abstract provided.


Daubert Challenges To Firearms (“Ballistics”) Identifications, Paul C. Giannelli Jan 2007

Daubert Challenges To Firearms (“Ballistics”) Identifications, Paul C. Giannelli

Faculty Publications

No abstract provided.


Finding The Golden Mean With Daubert: An Elusive, Perhaps Impossible, Goal, Robert P. Mosteller Jan 2007

Finding The Golden Mean With Daubert: An Elusive, Perhaps Impossible, Goal, Robert P. Mosteller

Villanova Law Review

No abstract provided.


Idealizing Science And Demonizing Experts: An Intellectual History Of Expert Evidence, Jennifer L. Mnookin Jan 2007

Idealizing Science And Demonizing Experts: An Intellectual History Of Expert Evidence, Jennifer L. Mnookin

Villanova Law Review

No abstract provided.


Supersizing Daubert Science For Litigation And Its Implications For Legal Practice And Scientific Research, Gary Edmond Jan 2007

Supersizing Daubert Science For Litigation And Its Implications For Legal Practice And Scientific Research, Gary Edmond

Villanova Law Review

No abstract provided.


Expertise In Action: Presenting And Attacking Expert Evidence In Dna Fingerprinting Cases, Michael Lynch Jan 2007

Expertise In Action: Presenting And Attacking Expert Evidence In Dna Fingerprinting Cases, Michael Lynch

Villanova Law Review

No abstract provided.


The Irrelevance, And Central Relevance, Of The Boundary Between Science And Non-Science In The Evaluation Of Expert Witness Reliability, D. Michael Risinger Jan 2007

The Irrelevance, And Central Relevance, Of The Boundary Between Science And Non-Science In The Evaluation Of Expert Witness Reliability, D. Michael Risinger

Villanova Law Review

No abstract provided.