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Full-Text Articles in Law

The Ethical Limits Of Discrediting The Truthful Witness: How Modern Ethics Rules Fail To Prevent Truthful Witnesses From Being Discredited Through Unethical Means, Todd A. Berger Dec 2015

The Ethical Limits Of Discrediting The Truthful Witness: How Modern Ethics Rules Fail To Prevent Truthful Witnesses From Being Discredited Through Unethical Means, Todd A. Berger

Marquette Law Review

Whether the criminal defense attorney may ethically discredit the truthful witness on cross-examination and later during closing argument has long been an area of controversy in legal ethics. The vast majority of scholarly discussion on this important ethical dilemma has examined it in the abstract, focusing on the defense attorney’s dual roles in a criminal justice system that is dedicated to searching for the truth while simultaneously requiring zealous advocacy even for the guiltiest of defendants. Unlike these previous works, this particular Article explores this dilemma from the perspective of the techniques that criminal defense attorney’s use on cross-examination and …


A Prosecutor's Guide To Character Evidence: When Is Uncharged Possession Evidence Probative Of A Defendant's Intent To Distribute?, James Decleene Apr 2015

A Prosecutor's Guide To Character Evidence: When Is Uncharged Possession Evidence Probative Of A Defendant's Intent To Distribute?, James Decleene

Marquette Law Review

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Expanding Wisconsin's Approach To The Business Records Exception, Bryan Whitehead Apr 2015

Expanding Wisconsin's Approach To The Business Records Exception, Bryan Whitehead

Marquette Law Review

This Comment analyzes Wisconsin’s application of the business records exception when a litigant seeks the admission of third-party records. In 2010, the Wisconsin Court of Appeals, in Palisades Collection LLC v. Kalal, applied a narrow interpretation of the exception’s requirements that stands in contrast to manner in which federal jurisdictions apply the exception in the same context. This Comment addresses the question of whether Wisconsin’s narrower construction of the exception is the best approach to the evidentiary rule. In doing so, this Comment first reviews the federal business record exception, its requirements, and federal courts’ treatment of the foundational …