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Full-Text Articles in Law

The Relevance Of Delayed Disclosure To Complainant Credibility In Cases Of Sexual Offence, Elaine Craig Jan 2011

The Relevance Of Delayed Disclosure To Complainant Credibility In Cases Of Sexual Offence, Elaine Craig

Articles, Book Chapters, & Popular Press

The relevance of delayed disclosure to a complainant’s credibility in sexual assault cases remains a problematic and confusing area in the law of evidence. Although section 275 of the Criminal Code abrogates the rules regarding recent complaint, courts have been inconsistent in their interpretation and application of the provision since its enactment in 1983. The doctrine of recent complaint evolved from the assumption that a woman who is sexually assaulted will disclose her violation at the first reasonable opportunity. In R. v. D.D., the Supreme Court of Canada ruled that it is impermissible to draw an adverse inference as to …


Who Must Testify To The Results Of A Forensic Laboratory Test? Bullcoming V. New Mexico, Richard D. Friedman Jan 2011

Who Must Testify To The Results Of A Forensic Laboratory Test? Bullcoming V. New Mexico, Richard D. Friedman

Articles

Does the Confrontation Clause permit the prosecution to introduce a forensic laboratory report through the in-court testimony of a supervisor or other person who did not perform or observe the reported test?


Once, Twice, Three Times A Victim: Why A Defendant In A Sexual Assault Case Has No Right To Compel Physical Examinations, Jenny M. Flanigan Jan 2011

Once, Twice, Three Times A Victim: Why A Defendant In A Sexual Assault Case Has No Right To Compel Physical Examinations, Jenny M. Flanigan

West Virginia Law Review

No abstract provided.


Stories About Science In Law: Literary And Historical Images Of Acquired Expertise, David Caudill Dec 2010

Stories About Science In Law: Literary And Historical Images Of Acquired Expertise, David Caudill

David S Caudill

Presenting examples of how literary accounts can provide a supplement to our understanding of science in law, this book challenges the view that law and science are completely different. It focuses on stories which explore the relationship between law and science, especially cultural images of science that prevail in legal contexts. Contrasting with other studies of the transfer and construction of expertise in legal settings, this book considers the intersection of three interdisciplinary projects: law and science, law and literature, and literature and science. Looking at the appropriation of scientific expertise into law from these perspectives, this book presents an …