Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- American University Washington College of Law (4)
- Boston University School of Law (4)
- Penn State Law (4)
- Cornell University Law School (3)
- Duke Law (3)
-
- Santa Clara Law (3)
- University of Baltimore Law (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- Vanderbilt University Law School (3)
- Brooklyn Law School (2)
- Case Western Reserve University School of Law (2)
- Florida State University College of Law (2)
- Golden Gate University School of Law (2)
- Maurer School of Law: Indiana University (2)
- Mitchell Hamline School of Law (2)
- Saint Louis University School of Law (2)
- University of Colorado Law School (2)
- University of Michigan Law School (2)
- University of Pittsburgh School of Law (2)
- University of South Carolina (2)
- Villanova University Charles Widger School of Law (2)
- William & Mary Law School (2)
- Chicago-Kent College of Law (1)
- Florida International University College of Law (1)
- Fordham Law School (1)
- Northwestern Pritzker School of Law (1)
- Pace University (1)
- UC Law SF (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Miami Law School (1)
- Keyword
-
- Evidence (22)
- Criminal law (5)
- DNA (4)
- Expert testimony (4)
- Probability (4)
-
- Confrontation Clause (3)
- Google (3)
- Jurisprudence (3)
- Law and literature (3)
- Witnesses (3)
- Character evidence (2)
- Discovery (2)
- Evidence law (2)
- Expert evidence (2)
- Federal Rules of Evidence (2)
- Law and film (2)
- Law and humanities (2)
- Litigation (2)
- Maryland Rules of Evidence (2)
- Maryland law (2)
- Presumption of innocence (2)
- Probative value (2)
- Proof (2)
- Rape (2)
- Rosetta Stone (2)
- Testimony (2)
- 10th Circuit (1)
- 634 F. Supp.2d 897 (1)
- Absent Declarants (1)
- Administrative law (1)
- Publication
-
- Faculty Scholarship (13)
- All Faculty Scholarship (7)
- Faculty Publications (6)
- Articles (5)
- Journal Articles (4)
-
- Publications (4)
- Articles in Law Reviews & Other Academic Journals (3)
- Cornell Law Faculty Publications (3)
- Nevada Supreme Court Summaries (3)
- Rosetta Stone v. Google (Joint Appendix) (3)
- Vanderbilt Law School Faculty Publications (3)
- Articles by Maurer Faculty (2)
- Scholarly Publications (2)
- Working Paper Series (2)
- Amicus Briefs (1)
- Book Chapters (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Working Papers (1)
- Law Faculty Research Publications (1)
- Maryland Law Review Online (1)
- McGeorge School of Law Scholarly Articles (1)
- Popular Media (1)
Articles 61 - 68 of 68
Full-Text Articles in Law
The Nrc Report And Its Implications For Criminal Litigation, Paul C. Giannelli
The Nrc Report And Its Implications For Criminal Litigation, Paul C. Giannelli
Faculty Publications
The National Research Council, an arm of the National Academy of Sciences, issued a landmark report on forensic science in February 2009. In the long run, the report’s recommendations, if adopted, would benefit law enforcement and prosecutors. The recommendations would allow forensic science to develop a strong scientific basis and limit evidentiary challenges regarding the reliability of forensic evidence. In keeping with its congressional charge, however, the NRC Committee did not directly address admissibility issues. Nevertheless, given its content, the report will inevitably be cited in criminal cases. Indeed, within months, the United States Supreme Court cited the report, noting …
Reforming The State Secrets Privilege, Amanda Frost
Reforming The State Secrets Privilege, Amanda Frost
Articles in Law Reviews & Other Academic Journals
No abstract provided.
On Race Theory And Norms, Christian Sundquist
On Race Theory And Norms, Christian Sundquist
Articles
This article has been adapted from an address given at the Albany Law Review Symposium in Spring 2009. This article discusses the judicial acceptance of DNA random match estimates, which uses DNA analysis to estimate the likelihood that a criminal defendant is the source of genetic material that is found at a crime scene. Relying on race, these tests demonstrate how such a re-inscription of race as a biological entity threatens the modern conception of race as a social construction, and how those estimates should be rejected as inadmissible on a doctrinal level under the Federal Rules of Evidence.
Analysis Of Videotape Evidence In Police Misconduct Cases, Martin A. Schwartz, Jessica Silbey, Jack Ryan, Gail Donoghue
Analysis Of Videotape Evidence In Police Misconduct Cases, Martin A. Schwartz, Jessica Silbey, Jack Ryan, Gail Donoghue
Faculty Scholarship
Many evidentiary issues arise with respect to the admission of videotape evidence and computer generated simulations at trial, and the authors of this Article address these issues as they arise in police misconduct cases. Professor Schwartz provides insight into and analysis of the evidentiary principles that govern the use of video and computer simulation evidence at trial in cases where police misconduct is at issue. His discussion first addresses the issues that concern the admissibility of videotape evidence, then discusses the role of a videotape on summary judgment, and lastly, analyzes evidentiary issues with respect to computer generated simulations.
How Accountability-Based Policing Can Reinforce - Or Replace - The Fourth Amendment Exclusionary Rule, David A. Harris
How Accountability-Based Policing Can Reinforce - Or Replace - The Fourth Amendment Exclusionary Rule, David A. Harris
Articles
In Hudson v. Michigan, a knock-and-announce case, Justice Scalia's majority opinion came close to jettisoning the Fourth Amendment exclusionary rule. The immense costs of the rule, Scalia said, outweigh whatever benefits might come from it. Moreover, police officers and police departments now generally follow the dictates of the Fourth Amendment, so the exclusionary rule has outlived the reasons that the Court adopted it in the first place. This viewpoint did not become the law because Justice Kennedy, one member of the five-vote majority, withheld his support from this section of the opinion. But the closeness of the vote on …
Wanting The Truth: Comparing Prosecutions Of Investigative And Institutional Deception, Lisa Kern Griffin
Wanting The Truth: Comparing Prosecutions Of Investigative And Institutional Deception, Lisa Kern Griffin
Faculty Scholarship
Defensive dishonesty in criminal investigations has increasingly been prosecuted without standards for identifying harmful deception or other meaningful checks on prosecutorial discretion. Although they are often grouped together statistically and evaluated as comparable crimes, there is a clear distinction between investigative lies and in-court perjury. The differences between the offenses—including the standards for prosecution, the perceived victim, and the purposes of bringing charges—suggest reasons to reconsider the current approach to investigative lies such as false statements. More truth is produced, and arguably more cooperation results, when the government focuses on the quality of the information flow. The structural protections in …
The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation James E. Coleman, Jr., James E. Coleman Jr., Angela Davis, Michael Gerhardt, K.C. Johnson, Lyrissa Lidsky, Howard M. Wasserman
The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation James E. Coleman, Jr., James E. Coleman Jr., Angela Davis, Michael Gerhardt, K.C. Johnson, Lyrissa Lidsky, Howard M. Wasserman
Faculty Scholarship
This panel took place at the 2008 Annual Meeting of the Southeastern Association of Law Schools ("SEALS") in July 2008 in West Palm Beach, Florida
The Special Threat Of Informants To The Innocent Who Are Not Innocents: Producing “First Drafts,” Recording Incentives, And Taking A Fresh Look At The Evidence, Robert P. Mosteller
The Special Threat Of Informants To The Innocent Who Are Not Innocents: Producing “First Drafts,” Recording Incentives, And Taking A Fresh Look At The Evidence, Robert P. Mosteller
Faculty Scholarship
Fabricated testimony by informants often plays an important role in convictions of the innocent. In this article, I examine the particularly problematic situation of defendants who are innocent of the particular crime charged but are not strangers to crime. As to such defendants, potential informants abound among crime associates, and they have a ready story line that authorities are preconditioned to accept. Independent proof, which could be an antidote, will predictably be lacking. Indeed, that the informant has exclusive, critical knowledge often leads the prosecution to offer particularly tempting deals.
I focus on the case of Lee Wayne Hunt, a …