Law Commons^™

Using Prior Consistent Statements To Rehabilitate Credibility Or To Prove Substantive Assertions Before And After The 2014 Amendment Of Federal Rule Of Evidence 801(D)(1)(B), Floralynn Einesman

Floralynn Einesman

The Federal Rules of Evidence (FRE) expanded the non-hearsay category of admissible prior consistent statements with FRE 801(d)(1)(B)(ii) to include any statements counsel uses to rehabilitate a declarant’s credibility after that credibility has been attacked. FREV 801(d)(1)(B)(i) and (ii) require that a declarant testify and be subjected to cross-examination about the prior consistent statement. Under these rules, the time at which the declarant made the consistent statement and her reason for making it are critical.

When the declarant does not testify, however, under FRE 806 opposing counsel may still attack the declarant’s credibility. Under these circumstances, it is often challenging …

Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman

Floralynn Einesman

No abstract provided.

Drug Testing Students In California – Does It Violate The State Constitution?, Floralynn Einesman

Floralynn Einesman

The Department of Education has granted federal funds to California school districts for the purpose of initiating and maintaining drug-testing programs for students and volunteers involved in athletics and extracurricular activities, yet no California court has fully examined these programs to determine their validity under the California Constitution. Before any additional California schools adopt drug-testing programs, the legality of these programs should be examined under the California Constitution. This Article seeks to accomplish that task. Part II summarizes the United States Supreme Court decisions on student drug testing. Part III examines state law on student drug testing. Part IV focuses …

The Effects Of Mediation In A Juvenile Incarceration Facility: Reduction Of Violence Through Transformation, Linda Morton, Floralynn Einesman

Floralynn Einesman

The use of mediation techniques to resolve conflicts among American youth has grown in popularity over the past two decades; Conflict resolution programs have blossomed in school systems, but there has been a dearth of mediation programs for one of our most violent youth groups: incarcerated juveniles. In this article, we describe and analyze the effects and the potential success of our program through the data we have collected. Our article will first describe the objectives and content of our mediation program in Juvenile Hall in San Diego. Relying on sociological and psychological theory in our second section, we will …

Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman

Floralynn Einesman

No abstract provided.

Vampires Among Us--Does A Grand Jury Subpoena For Blood Violate The Fourth Amendment?, Floralynn Einesman

Floralynn Einesman

How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman

Floralynn Einesman

No abstract provided.