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Full-Text Articles in Law

The New Criminal Discovery Code In Oklahoma: A Two Way Street In The Wrong Direction, Rodney J. Uphoff Oct 1991

The New Criminal Discovery Code In Oklahoma: A Two Way Street In The Wrong Direction, Rodney J. Uphoff

Faculty Publications

This article first examines criminal discovery in Oklahoma prior to the Allen decision. Next, section II of the article explores Allen and the court’s justifications for creating a reciprocal discovery system. The article reviews the Allen procedures and similar pre-trial discovery provisions contained in the American Bar Association’s Standards for Criminal Justice and questions whether Allen’s new discovery system will achieve the desired results. Section II also focuses on the constitutionality of the defendant’s disclosure obligations and the adverse effects of mandating such disclosures on the adversary system. Finally, section III of the article proposes an ...


The Admissibility Of Hypnotically Enhanced Testimony In Criminal Trials, Gary Shaw Oct 1991

The Admissibility Of Hypnotically Enhanced Testimony In Criminal Trials, Gary Shaw

Scholarly Works

No abstract provided.


Should Michigan Rule Of Evidence 703 Be Revised?, Brian Benner, Ronald L. Carlson Jun 1991

Should Michigan Rule Of Evidence 703 Be Revised?, Brian Benner, Ronald L. Carlson

Popular Media

Technical witnesses regularly assist the fact-finding process in Michigan trials. Jury or bench trials in federal and state courts routinely feature the appearance of experts. Properly policed by our courts, few forms of testimony hold more promise for advancing the truth-seeking function of American litigation. The expanding presence of experts raises hard questions. Are the Michigan rules in turn with modern needs? Should the state rule controlling the basis for expert opinion be aligned with the federal pattern? If Michigan Rule of Evidence 703 could stand revision, does proper alteration require significant additions not presently contained in either state or ...


Challenging Public Investigative Reports: How To Fight The Hearsay Exception, Steven P. Grossman, Stephen J. Shapiro Feb 1991

Challenging Public Investigative Reports: How To Fight The Hearsay Exception, Steven P. Grossman, Stephen J. Shapiro

All Faculty Scholarship

This paper discusses how attorneys can argue against having government and public reports admitted into evidence at trial that would be damaging to their client. When this paper was done, such reports were admitted via Federal Rule of Evidence 803(8)(C). The authors argue that it is possible to challenge admission of factual findings in public reports despite various court decisions which make this difficult.


Refocusing The New Evidence Scholarship : A Comment On Robert S. Thompson's "Decision, Disciplined Inferences And The Adversary Process", Terence J. Anderson Jan 1991

Refocusing The New Evidence Scholarship : A Comment On Robert S. Thompson's "Decision, Disciplined Inferences And The Adversary Process", Terence J. Anderson

Articles

No abstract provided.


Evidence, David A. Schlueter Jan 1991

Evidence, David A. Schlueter

Faculty Articles

This article addresses some of the more significant evidence cases decided by the Fifth Circuit during the survey period.' Before turning to the cases themselves, it is important to note at the outset that like other federal courts, the Fifth Circuit is generally not inclined to reverse a case on an evidentiary error. It should not be surprising then that in most of the cases which follow, the court implicitly deferred to the decision of the trial judge in deciding whether a certain piece of evidence was admissible.


Evidence Engendered, Kit Kinports Jan 1991

Evidence Engendered, Kit Kinports

Journal Articles

Part I of this article briefly describes feminist legal theory and its evolution. Part II then discusses the extent to which evidence as a whole is a gendered topic that reflects predominantly male traits and ideals, and Part III analyzes various specific evidentiary doctrines from a feminist perspective. Finally, Part IV examines way of incorporating feminist theories in teaching an evidence course.


Novel Scientific Evidence Of Intoxication: Acoustic Analysis Of Voice Recordings From The Exxon Valdez, J. Alexander Tanford, David B. Pisoni, Keith Johnson Jan 1991

Novel Scientific Evidence Of Intoxication: Acoustic Analysis Of Voice Recordings From The Exxon Valdez, J. Alexander Tanford, David B. Pisoni, Keith Johnson

Articles by Maurer Faculty

Part of this article reports original research conducted under the direction of the second and third authors. The initial re search was supported by a contract to Indiana University from General Motors Research Laboratories. The specific analyses of voice recordings of Captain Joseph Hazelwood were conducted by them at the re quest of the National Transportation Safety Board, and are based on tapes and data supplied by the NTSB. The second author may be called as a witness in some of the lawsuits pending against the Exxon Corporation. The opinions expressed in this article concerning whether this evidence meets the ...


Public Opinion Polls And Surveys As Evidence: Suggestions For Resolving Confusing And Conflicting Standards Governing Weight And Admissibility , Susan J. Becker Jan 1991

Public Opinion Polls And Surveys As Evidence: Suggestions For Resolving Confusing And Conflicting Standards Governing Weight And Admissibility , Susan J. Becker

Law Faculty Articles and Essays

Section I provides a basic overview of public opinion polls, beginning with a brief explanation of the current popularity of this type of data, followed by a discussion of the courts' historic treatment of survey evidence and a review of modern standards which courts use in evaluating the weight and admissibility of polling data. The exact "rules" governing the conduct of litigants and their respective counsel in commissioning and executing a survey and those governing the courts' refereeing of evidentiary disputes over polling data remain unclear. These unresolved issues are discussed in Section II. Suggestions for moving toward a more ...


Best Evidence Rule, Paul C. Giannelli Jan 1991

Best Evidence Rule, Paul C. Giannelli

Faculty Publications

No abstract provided.


Dna Evidence, Paul C. Giannelli Jan 1991

Dna Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Rules Of Evidence Amendments, Paul C. Giannelli Jan 1991

Rules Of Evidence Amendments, Paul C. Giannelli

Faculty Publications

No abstract provided.


Authentication, Paul C. Giannelli Jan 1991

Authentication, Paul C. Giannelli

Faculty Publications

No abstract provided.