Law Commons^™

The Federal Rules Of Evidence: A Model For Improved Evidentiary Decisionmaking In Washington, Robert H. Aronson

Washington Law Review

This article discusses the underlying reasons for establishing rules of evidence, defines two unavoidable conflicts encountered in attempting to effectuate the purposes for adopting such rules, suggests that the Federal Rules of Evidence help resolve these conflicts by adhering to several clearly enunciated rationales, and, finally, indicates how the Rules recognize and accommodate important new scientific and social insights on the admissibility of evidence.

The Marital Privileges In Washington Law: Spouse Testimony And Marital Communications, Teresa Virginia Bigelow

Washington Law Review

This comment is an attempt to analyze and clarify Washington marital privilege law. Each privilege is presented against the backdrop of policy rationales. This overview of the privileges is designed to facilitate their use and also to point out the great need for revision of the Washington law. In conclusion, two alternative approaches are presented as models for a revised set of Washington marital privileges.

Proposed Rule Of Evidence 609: Impeachment Of Criminal Defendants By Prior Convictions, D. Joseph Hurson

Washington Law Review

This comment describes current Washington law on the use of criminal convictions to impeach the testimony of criminal defendants and examines the factors which are relevant to the formation of a more acceptable rule. Adoption of the proposed rule would also affect the rules for impeaching nondefendant witnesses. Only a criminal defendant, however, is in jeopardy of actually being convicted as a result of a jury's misuse of evidence of prior convictions. Because the interests of the criminal defendant witness will be so drastically affected by the prior conviction rule which the Washington Supreme Court ultimately adopts, this comment will …

Women's Self-Defense Under Washington Law—State V. Wanrow, 88 Wn. 2d 221, 559 P.2d 548 (1977), Jennifer Marsh

Washington Law Review

The Washington Supreme Court, in State v. Wanrow, examined the issue of self-defense for women under Washington law and held that the application of traditional self-defense rules resulted in prejudicial treatment of women defendants. This note will examine the meaning of the Wanrow decision and offer support for its holding in light of available psychological and sociological data. Additionally, this note will suggest a special analytical framework utilizing social science data to test accepted legal doctrines for latent sex discrimination. The importance of these data in exposing such discrimination will be shown by examining related cases in the area of …

Elimination Of The Agency Fiction In The Vicarious Admissions Exception, Norman B. Page

Washington Law Review

This note will compare the Washington courts' application of the common law vicarious admissions exception to the broad rule embodied in Federal Rule 801(d)(2)(D). Furthermore, it will identify and analyze the policies upon which the vicarious admissions rule is grounded and will compare the effectiveness of the common law rule and the federal or "broad" rule in fulfilling those policies. It will demonstrate how, in focusing on the substantive law of agency rather than directly on those circumstances which tend to assure a statement's trustworthiness, both rules share a fundamental flaw and, as a result, accomplish only imprecisely the basic …

From The Mouths Of Babes: Does The Constitutional Right Of Privacy Mandate A Parent-Child Privilege?

BYU Law Review

No abstract provided.

Impeachment Of One's Own Witness By Prior Inconsistent Statements Under The Federal And Arkansas Rules Of Evidence, Samuel A. Perroni

University of Arkansas at Little Rock Law Review

No abstract provided.

Due Process And The Insanity Defense: The Supreme Court's Retreat From Winship And Mullaney, Jeffrey A. Burger

Indiana Law Journal

No abstract provided.

The Right To An In Camera Voluntariness Hearing: State V. Sanders, Ellen Carle Lilly

West Virginia Law Review

No abstract provided.

Manson V. Brathwaite: Looking For The Silver Lining In The Area Of Eyewitness Identifications

Washington and Lee Law Review

No abstract provided.

Admissibility Of Evidence Under Indiana's "Common Scheme Or Plan" Exception, Thomas Quigley

Indiana Law Journal

No abstract provided.

Halloran V. Virginia Chemicals, Inc.: The Admissibility Of Habit Evidence In New York To Prove Negligence, Kathleen Anne Drumm

Buffalo Law Review

No abstract provided.

Presumptive Possession Of Weapons: New York's Controversial Statute, Murray N. Caplan

Buffalo Law Review

No abstract provided.

Contracts—Warranties, Unconscionability, And The Parol Evidence Rule—Industralease Automated & (And) Scientific Corp. V. R.M.E. Enterprises, Inc., Lawrence S. Goldberg

Buffalo Law Review

No abstract provided.

The Proposed Federal Rules Of Evidence: Of Privileges And The Division Of Rule-Making Power, Michigan Law Review

Michigan Law Review

This Note proposes that the lower federal courts accord the same binding authority to the Proposed Rules that they give those judicially promulgated procedural rules, such as the Federal Rules of Civil Procedure, that have been implicitly approved by Congress.

Part I of the Note analyzes the constitutional division of the rule-making power by examining both the policy considerations involved and the relevant constitutional language and doctrines. That examination indicates that the power to establish such rules is shared by Congress and the Supreme Court. To determine when that power is appropriately exercised by one branch rather than the other, …

Hardin And Medvid: A Change In Indiana's Entrapment Law, Michael Hyatte

Indiana Law Journal

No abstract provided.

The Lawyer In The Interviewing And Counselling Process, By Andrew S. Watson, Margaret C. Attridge

Indiana Law Journal

No abstract provided.

Viii. Evidence

Washington and Lee Law Review

No abstract provided.

Kentucky Law Survey: Evidence, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

The Identification Of Incompetent Defendants: Separating Those Unfit For Adversary Combat From Those Who Are Fit, Claudine Walker Ausness

Kentucky Law Journal

No abstract provided.

Criminal Procedure - Statements Made During A Prearraignment Delay That Exceeds Six Hours Ruled Inadmissible In Pennsylvania, Carol J. Young

Villanova Law Review

No abstract provided.

Federal Court Rules Virginia Law Allows Evidence Of Non-Use Of Seat Belt, William H. Robinson Jr., Richard Cullen

University of Richmond Law Review

A pretrial evidentiary ruling by a Virginia federal district court judge in an automobile crashworthy products liability case permits the manufacturer-defendant to introduce evidence of non-use of a seat belt on the issue of damages.

Nonproduction Of Witnesses As Deliberative Evidence, James E. Beaver

Seattle University Law Review

The chief practical difficulty today, as always, lies in the particular application of a mass of evidentiary rules, in determining the bearing of various principles upon a given evidentiary issue of fact here and now. Nowhere has this situation continued truer than with reference to rules about evidentiary spoliation. "Indeed, after reading all there is on the subject in a recent voluminous text-book, one may well be bewildered, owing to the collection of crude, inadvertent and contradictory material."' As a result, the "request to charge which more frequently than any other is made in improper form is that dealing …

An Examination Of The Naming Requirement Of Tittle Iii In Light Of United States V. Donovan - A Case For Suppression, William D. Goldberg

Villanova Law Review

No abstract provided.

Expert Witnesses--Right To Pay Expert Witnesses On A Contingent-Fee Basis In Civil Cases, Gale Reddie Lea

West Virginia Law Review

No abstract provided.

Confidential Communications In The Correctional Halfway House Setting, Richard Kenney

Cleveland State Law Review

The author proposes that a legal testimonial privilege regarding confidential communications between the staff and residents of community-based correctional programs is necessary to insure the integrity of the therapeutic process and, ultimately, the success of the program itself. This note will examine the role of community-based correctional programs and the law in regard to testimonial privileges and will demonstrate that the extension of the privilege in this setting is legally appropriate.

The Federal Rules Of Evidence And The Quality Of Practice In Federal Courts, Stephen A. Saltzburg

Cleveland State Law Review

One point that I shall endeavor to make today is that the Federal Rules of Evidence offer an opportunity for dramatic improvement in federal trial court practice. In the hands of the most experienced practitioner or the novice litigator just weaned from law school, the evidence rules offer a promise of even-handed justice that has heretofore been unavailable. Used properly, the Federal Rules of Evidence hold out a promise that trials might be less costly to litigants in terms of out-of-pocket expenditures, that the societal costs associated with erroneous decisions by trial judges might be reduced, and that federal litigants' …

Confidential Communications In The Correctional Halfway House Setting, Richard Kenney

Cleveland State Law Review

The author proposes that a legal testimonial privilege regarding confidential communications between the staff and residents of community-based correctional programs is necessary to insure the integrity of the therapeutic process and, ultimately, the success of the program itself. This note will examine the role of community-based correctional programs and the law in regard to testimonial privileges and will demonstrate that the extension of the privilege in this setting is legally appropriate.

Forcible Rape And Statutory Rape: The Delicate Balance Between The Rights Of Victim And Defendant, 11 J. Marshall J. Of Prac. & Proc. 481 (1978), Philip A. Oretsky

UIC Law Review

No abstract provided.