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Full-Text Articles in Law

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.


Judicial Misconduct During Jury Deliberations, Bennett L. Gershman Jan 1991

Judicial Misconduct During Jury Deliberations, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The author considers the two principal types of improper judicial behavior that may occur during the jury deliberation process. Judicial conduct that attempts to place undue pressure on a jury to reach a verdict may include verdict-urging instructions, threats and intimidation, and inquiry into the numerical division of the jury on the merits of the verdict. Judicial participation in private, ex parte communications with jurors may also subvert orderly trial procedure and undermine the impartiality of the jury. Neither kind of judicial conduct may be allowed to compel a verdict from a jury.


A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez Jan 1991

A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

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