Law Commons^™

A Reply To Professor Capra, Joëlle Harvic

University of Miami Law Review

No abstract provided.

Out-Of-Court Accusations Offered For "Background": A Measured Response From The Federal Courts, Professor Daniel J. Capra

University of Miami Law Review

No abstract provided.

Statements Of Bystanders To Police Officers Containing An Accusation Of Criminal Conduct Offered To Explain Subsequent Police Conduct, Joëlle Hervic

University of Miami Law Review

No abstract provided.

A Suggestion On Suggestion, Richard D. Friedman, Stephen J. Ceci

Law Quadrangle (formerly Law Quad Notes)

The following essay is adapted from "The Suggestibility of Children: Scientific Research and Legal Implication" (86.1 Cornell Law Review 33-108 [November 2000]) and appears here with permission of the publisher.

The vulnerabilities of young children have far-reaching implications for the juvenile and criminal justice systems. Arguably, these vulnerabilities may affect how an investigator should interview the child; whether her hearsay statements should be admitted; whether expert evidence concerning her vulnerability should be admitted; and whether a criminal conviction based principally on her testimony should be allowed.

Confronting The Reluctant Accomplice, John G. Douglass

Law Faculty Publications

The Supreme Court treats the Confrontation Clause as a rule of evidence that excludes unreliable hearsay. But where the hearsay declarant is an accomplice who refuses to testify at defendant's trial, the Court's approach leads prosecutors and defendants to ignore real opportunities for confrontation, while they debate the reliability of hearsay. And even where the Court's doctrine excludes hearsay, it leads prosecutors to purchase the accomplice's testimony through a process that raises equally serious questions of reliability. Thus, the Court's approach promotes neither reliability nor confrontation. This Article advocates an approach that applies the Confrontation Clause to hearsay declarants in …

A Suggestion On Suggestion, Richard D. Friedman, Stephen J. Ceci

Articles

Part I of the full article briefly describes the history and current slate of research into children's suggestibility. In this part, we argue that, although psychological researchers disagree considerably over the degree to which he suggestibility of young children may lead to false allegations of sexual abuse, there is an overwhelming consensus that children are suggestible to a degree that, we believe, must be regarded as significant. In presenting this argument, we respond to the contentions of revisionist scholars, particularly those recently expressed by Professor Lyon. We show that there is good reason to believe the use of highly suggestive …

Finding The Proper Balance In Hearsay Policy: The Uniform Rules Attempt To Stem The Hearsay Tide In Criminal Cases Without Prohibiting All Nontraditional Hearsay, Myrna S. Raeder

Oklahoma Law Review

No abstract provided.

Tales Out Of School--Spillover Confessions And Against-Interest Statements Naming Others, Christopher B. Mueller

Publications

No abstract provided.

Evidence: 1999-2000 Survey Of New York Law, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.