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Chicken Little's Revenge: Strict Judicial Scrutiny Of Scientific Evidence, Scott Charles Walker
Chicken Little's Revenge: Strict Judicial Scrutiny Of Scientific Evidence, Scott Charles Walker
Cleveland State Law Review
This note focuses on the current controversy over admissibility standards for novel scientific testimony. It will trace the development of legal standards for expert witness admissibility from the common law through the adoption of the Federal Rules of Evidence and to the current trend of strict judicial scrutiny. In addition, this note will analyze the issues before the United States Supreme Court in Daubert and will argue, in spite of indications to the contrary, that the Court should not be too quick to continue tightening the judicial noose on scientific experts. Finally, this note will dispute the utility of amending …
When Defendant Becomes The Victim: A Child's Recantation As Newly Discovered Evidence, Christopher J. Sinnott
When Defendant Becomes The Victim: A Child's Recantation As Newly Discovered Evidence, Christopher J. Sinnott
Cleveland State Law Review
This note will explore the standards for granting new trials within the child recantation setting. It will argue that insistence on respecting the evidentiary statements of children is contrary to common sense and current research. As a result, the standards for new trial ought to be rethought. Part II will analyze the two prevalent standards used by courts to weigh the merit of a new trial motion and will show why both standards present a nearly insurmountable hurdle for a movant to satisfy. Part III will explore the special issues that confront a court each time a young "victim" testifies. …