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Articles 1 - 30 of 76
Full-Text Articles in Law
Trying The Trial, Andrew S. Pollis
Trying The Trial, Andrew S. Pollis
Faculty Publications
Lawyers routinely make strategic advocacy choices that reflect directly, if inferentially, on the credibility of their clients’ claims and defenses. But courts have historically been reluctant to admit evidence of litigation conduct, sometimes even expressing hostility at the very notion of doing so. This Article deconstructs that reluctance. It argues not only that litigation conduct has probative value, but also that there is social utility in subjecting lawyer behavior to juror scrutiny.
The International Court Of Justice's Treatment Of Circumstantial Evidence And Adverse Inferences, Michael P. Scharf, Marqaux Day
The International Court Of Justice's Treatment Of Circumstantial Evidence And Adverse Inferences, Michael P. Scharf, Marqaux Day
Faculty Publications
This Article examines a vexing evidentiary question with which the International Court of Justice has struggled in several cases, namely: What should the Court do when one of the parties has exclusive access to critical evidence and refuses to produce it for security or other reasons? In its first case, Corfu Channel, the Court decided to apply liberal inferences of fact against the non-producing party, but in the more recent Crime of Genocide case, the Court declined to do so under seemingly similar circumstances. By carefully examining the treatment of evidence exclusively accessible by one party in these and other …
Adverse Inference About Adverse Inferences: Restructuring Juridical Roles For Responding To Evidence Tampering By Parties To Litigation, Dale A. Nance
Adverse Inference About Adverse Inferences: Restructuring Juridical Roles For Responding To Evidence Tampering By Parties To Litigation, Dale A. Nance
Faculty Publications
For at least two centuries, Anglo-American courts have responded to a party's evidence tampering by allowing the opponent to argue to jurors that they should draw an adverse inference against the offending party in deciding the merits of the case. This Article argues that the use of such inferences, and invitations to draw them, should be radically curtailed, not only because of the ambiguities and risks of prejudice that such inferences entail, but more importantly because they reflect and contribute to a confusion of roles in which the jury is enlisted to participate in the management of the pre-trial conduct …
Scientific Fraud, Paul C. Giannelli
Scientific Fraud, Paul C. Giannelli
Faculty Publications
Although scientific fraud is rare, when it occurs, it needs to be identified and documented. This article discusses two of the most notorious cases in forensic science. Part I focuses on the misconduct of Fred Zain, a serologist with the West Virginia State Police crime laboratory and later with the County Medical Examiner’s laboratory in San Antonio, Texas. Part II examines the misconduct of Joyce Gilchrist, a forensic examiner with the Oklahoma City Police Department.
Scientific Evidence In Criminal Prosecutions - A Retrospective, Paul C. Giannelli
Scientific Evidence In Criminal Prosecutions - A Retrospective, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Nrc Report And Its Implications For Criminal Litigation, Paul C. Giannelli
The Nrc Report And Its Implications For Criminal Litigation, Paul C. Giannelli
Faculty Publications
The National Research Council, an arm of the National Academy of Sciences, issued a landmark report on forensic science in February 2009. In the long run, the report’s recommendations, if adopted, would benefit law enforcement and prosecutors. The recommendations would allow forensic science to develop a strong scientific basis and limit evidentiary challenges regarding the reliability of forensic evidence. In keeping with its congressional charge, however, the NRC Committee did not directly address admissibility issues. Nevertheless, given its content, the report will inevitably be cited in criminal cases. Indeed, within months, the United States Supreme Court cited the report, noting …
Scientific Evidence And Prosecutorial Misconduct In The Duke Lacrosse Rape Case, Paul C. Giannelli
Scientific Evidence And Prosecutorial Misconduct In The Duke Lacrosse Rape Case, Paul C. Giannelli
Faculty Publications
The need for pretrial discovery in criminal cases is critical. A defendant's right to confrontation, effective assistance of counsel, and due process often turns on pretrial disclosure. This essay discusses a case that demonstrates this point.
Nontestimonial Identification Orders For Dna Testing, Paul C. Giannelli
Nontestimonial Identification Orders For Dna Testing, Paul C. Giannelli
Faculty Publications
No abstract provided.
Pretrial Discovery Of Expert Testimony, Paul C. Giannelli
Pretrial Discovery Of Expert Testimony, Paul C. Giannelli
Faculty Publications
No abstract provided.
Brady And Jailhouse Snitches, Paul C. Giannelli
Brady And Jailhouse Snitches, Paul C. Giannelli
Faculty Publications
No abstract provided.
Daubert Challenges To Firearms (“Ballistics”) Identifications, Paul C. Giannelli
Daubert Challenges To Firearms (“Ballistics”) Identifications, Paul C. Giannelli
Faculty Publications
No abstract provided.
Daubert Challenges To Fingerprints, Paul C. Giannelli
Daubert Challenges To Fingerprints, Paul C. Giannelli
Faculty Publications
No abstract provided.
Using Graphics To Teach Evidence, Kevin C. Mcmunigal
Using Graphics To Teach Evidence, Kevin C. Mcmunigal
Faculty Publications
As an Assistant United States Attorney in the general crimes unit of a metropolitan United States Attorney's Office, I regularly tried a variety of cases ranging from bank robberies and drug offenses to white collar crimes. Regardless of the type of crime, I frequently found various types of graphics useful in presenting the case. Examples included a chart providing a point by point comparison of modus operandi in two armed bank robberies and a map of the scene of a controlled purchase of cocaine showing the locations and movements of multiple defendants, an informant, and federal agents. Such graphics helped …
Scientific Evidence In Civil And Criminal Cases, Paul C. Giannelli
Scientific Evidence In Civil And Criminal Cases, Paul C. Giannelli
Faculty Publications
No abstract provided.
Character Evidence, Paul C. Giannelli
“Other Acts” Evidence: Part Ii, Paul C. Giannelli
“Other Acts” Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Expert Qualifications: Traps For The Unwary, Paul C. Giannelli
Expert Qualifications: Traps For The Unwary, Paul C. Giannelli
Faculty Publications
No abstract provided.
Reply Essay: How Good Is Good Enough: Expert Evidence Under DauberT And Kumho, David L. Faigman, David H. Kaye, Michael J. Saks, Joseph Sanders
Reply Essay: How Good Is Good Enough: Expert Evidence Under DauberT And Kumho, David L. Faigman, David H. Kaye, Michael J. Saks, Joseph Sanders
Case Western Reserve Law Review
No abstract provided.
Reply Essay: A Final Comment--The Importance Of The Procedural Framework, Edward J. Imwinkelried
Reply Essay: A Final Comment--The Importance Of The Procedural Framework, Edward J. Imwinkelried
Case Western Reserve Law Review
No abstract provided.
New Developments In Scientific Evidence, Paul C. Giannelli
New Developments In Scientific Evidence, Paul C. Giannelli
Faculty Publications
No abstract provided.
Should The Courts Incorporate A Best Evidence Rule Into The Standard Determining The Admissibility Of Scientific Testimony: Enough Is Enough Even When It Is Not The Best ?, Edward J. Imwinkelried
Should The Courts Incorporate A Best Evidence Rule Into The Standard Determining The Admissibility Of Scientific Testimony: Enough Is Enough Even When It Is Not The Best ?, Edward J. Imwinkelried
Case Western Reserve Law Review
No abstract provided.
Opening The Door But Keeping The Lights Off: Kumho Tire Co. V. Carmichael And The Applicability Of The Daubert Test To Nonscientific Evidence, K. Issac Devyver
Opening The Door But Keeping The Lights Off: Kumho Tire Co. V. Carmichael And The Applicability Of The Daubert Test To Nonscientific Evidence, K. Issac Devyver
Case Western Reserve Law Review
No abstract provided.
Impeachment: Evidence Amendments, Paul C. Giannelli
Impeachment: Evidence Amendments, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Current Value Of Compulsory Process: Can A Defendant Compel The Admission Of Favorable Scientific Testimony, Lisa Graver
The Current Value Of Compulsory Process: Can A Defendant Compel The Admission Of Favorable Scientific Testimony, Lisa Graver
Case Western Reserve Law Review
No abstract provided.
Hearsay: Traps & Problem Issues, Paul C. Giannelli
Hearsay: Traps & Problem Issues, Paul C. Giannelli
Faculty Publications
No abstract provided.
The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman
The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman
Faculty Publications
No abstract provided.
Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli
Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli
Faculty Publications
No abstract provided.
Polygraph Evidence: Part Ii, Paul C. Giannelli
Polygraph Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Confrontation Issues In Child Abuse Cases, Paul C. Giannelli
Confrontation Issues In Child Abuse Cases, Paul C. Giannelli
Faculty Publications
No abstract provided.
Polygraph Evidence: Part I, Paul C. Giannelli
Polygraph Evidence: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.