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Full-Text Articles in Law
Washington Civil Jury Trials Via Zoom: Perspectives From The Bench, Marisa Pasnick
Washington Civil Jury Trials Via Zoom: Perspectives From The Bench, Marisa Pasnick
Washington Law Review
Many professions have felt the impact of the coronavirus (COVID-19) pandemic, including the legal field. At the onset of COVID-19, many courthouses closed and trials halted, but as the pandemic continued, the need to resume judicial proceedings led courts to turn to virtual platforms to conduct civil jury trials. This Comment examines the response of judges in Washington State to the use of Zoom for conducting civil jury trials. Interviews with judges across Washington reveal a stark contrast in opinions among judges in different districts as well as within districts. This Comment answers the question of how judges feel about …
Prior Racist Acts And The Character Evidence Ban In Hate Crime Prosecutions, Paul F. Rothstein, Ronald J. Coleman
Prior Racist Acts And The Character Evidence Ban In Hate Crime Prosecutions, Paul F. Rothstein, Ronald J. Coleman
Georgetown Law Faculty Publications and Other Works
The killing of unarmed African-American Ahmaud Arbery and others ignited a wave of public outrage and re-focused attention on race and the criminal justice system. During the recent federal hate crimes proceedings for Arbery’s death, the prosecution introduced evidence relating to the alleged past racist acts of the defendants. This type of evidence may be seen as highly probative and desperately needed to do justice in hate crimes cases. On its face, however, such type of evidence appears to be inadmissible owing to the well-known—but little understood— evidentiary ban on character evidence prescribed in Federal Rule of Evidence 404(b) and …
Anything You Say (Or Like, Repost, And Quote) Can Be Used Against You, Alexandra Heyl
Anything You Say (Or Like, Repost, And Quote) Can Be Used Against You, Alexandra Heyl
Catholic University Law Review
Social media allows users to exchange thoughts and ideas without saying a single word. Whether a user “likes” “reposts” or “quotes” third-party content, a user publicly interacts with content authored by someone else with the click of a button. Is this online activity more akin to a user making a statement, adopting a third-party’s statement, or not making a statement at all? Does it matter? Only certain statements can be used against you at trial. Federal Rule of Evidence (“Federal Rule”) 802(a) provides that “hearsay” is an out-of-court statement offered for the truth of the matter asserted. According to Federal …