Law Commons^™

Internet (Re)Search By Judges, Jurors, And Lawyers, H. Albert Liou, Jasper L. Tran

IP Theory

How can Internet research be used properly and reliably in law? This paper analyzes several key and very different issues affecting judges, jurors, and lawyers. With respect to judges, this paper discusses the rules of judicial conduct and how they guide the appropriate use of the Internet for research; the standards for judicial notice; and whether judges can consider a third category of non-adversarially presented, non-judicially noticed factual evidence. With respect to jurors, this paper discusses causes of and deterrents to jurors conducting Internet research during trials; and the recourse available to parties who are adversely impacted by such behavior. …

The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus

Paul Marcus

No abstract provided.

Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.

Lights Hidden Under Bushel's Case, Thomas A. Green

Book Chapters

Some forty years ago, Charlie Donahue created a course which he titled "Law, Morals and Society." Designed for undergraduates, and situated among the offerings of the University of Michigan's interdisciplinary Medieval and Renaissance Collegium, the course reflected the approach to doing history that, as this volume recognizes, Charlie has followed throughout his long and enormously influential career as scholar, teacher, lecturer, and inepressible master of well-timed interventions during conference-panel discussion periods. "LMS" was composed of four units. Charlie, who taught two of them, led off with the legal basis for the deposition of Richard II; I followed with the law …

Decision Making And The Law: Truth Barriers, Jonathan J. Koehler, John B. Meixner Jr.

Scholarly Works

Reaching an accurate outcome is a central goal of the American trial. But structural features of the legal system, in combination with the cognitive shortcomings of legal actors, hinder the search for truth. Regarding the legal system, various rules and policies restrict decision makers’ access to evidence, violate the laws of probability, and limit the evidentiary concerns that may be considered on appeal. Regarding legal actors, informational deficits (particularly regarding scientific and statistical evidence) and cognitive biases of police investigators, witnesses (lay and expert), attorneys, judges, and jurors pose serious obstacles. We conclude by suggesting that research in judgment and …

Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, Nicola A. Boothe-Perry

Pace Law Review

This article will demonstrate how the unregulated use of social media by participants in the justice system (judges, attorneys and jurors specifically) affects the public perception and subsequently the integrity of our justice system. The article will provide a holistic review of social media use by judges, attorneys and jurors, and demonstrate why their use of social media should be harnessed in a manner to ensure compliance with ethical rules and reduce potential negative effects to the social contract between law and society.

Social media is like a culvert. It catches pictures, novelties, personal profiles, gossip, news, unfiltered opinions, and …

Jury Voting Paradoxes, Jason Iuliano

Michigan Law Review

The special verdict is plagued by two philosophical paradoxes: the discursive dilemma and the lottery paradox. Although widely discussed in the philosophical literature, these paradoxes have never been applied to jury decision making. In this Essay, I use the paradoxes to show that the special verdict’s vote-reporting procedures can lead judges to render verdicts that the jurors themselves would reject. This outcome constitutes a systemic breakdown that should not be tolerated in a legal system that prides itself on the fairness of its jury decision-making process. Ultimately, I argue that, because the general verdict with answers to written questions does …

The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank

Faculty Scholarship

No abstract provided.

Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson

University of Arkansas at Little Rock Law Review

No abstract provided.

The “Csi Effect”: Better Jurors Through Television And Science?, Michael D. Mann

ExpressO

This Comment discusses how television shows such as CSI and Law & Order create heightened juror expectations. This will be published in the Buffalo Public Interest Law Journal's 2005-2006 issue.

Right To Be Present

Touro Law Review

No abstract provided.

Foreword Evidence Symposium: A Comparative Study Of Federal And New York Evidence Practice, Honorable Frank X. Altimari

Touro Law Review

No abstract provided.

Trial By Jury

Touro Law Review

No abstract provided.

Right To Be Present

Touro Law Review

No abstract provided.

Trial By Jury

Touro Law Review

No abstract provided.

Settling For A Judge: A Comment On Clermont And Eisenberg, Samuel R. Gross

Articles

Trial by Jury or Judge: Transcending Empiricism,1 by Kevin Clermont and Theodore Eisenberg, is not only an important article, it is unique. To most Americans, trial means trial by jury. In fact, over half of all federal trials are conducted without juries2 (including 31% of trials in cases in which the parties have the right to choose a jury3), and the proportion of bench trials in state courts is even higher.4 And yet, while there is a large literature on the outcomes of jury trials and the factors that affect them,5 nobody else has systematically compared trials by jury to …

Equal Protection

Touro Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

The Noseworthy Doctrine: A Threepart Rule For Its Application, Steven D. Jannace

Touro Law Review

No abstract provided.

Voir Dire In Kentucky: An Empirical Study Of Voir Dire In Kentucky Circuit Courts, William H. Fortune

Law Faculty Scholarly Articles

Voir dire is the stage of a jury trial at which prospective jurors are questioned under oath by court or counsel to determine their suitability as jurors in the case to be tried. Kentucky's high court has repeatedly recognized the importance of voir dire to the exercise of for-cause and peremptory challenges.

The trial judge's wide discretion in voir dire, however, necessarily makes a review of appellate decisions of minimal assistance in ascertaining what actually occurs during this important phase of a jury trial. Published opinions provide little guidance in this area; information about voir dire must come from a …

The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus

Faculty Publications

No abstract provided.

Jurors On Trial, Joseph Brodley, Harold M. Hoffman

Articles by Maurer Faculty

No abstract provided.