Law Commons^™

The Behavior Of The French Army During The Dreyfus Affair, General André Bach

Touro Law Review

Focuses on the how the French army participated in and influenced the Dreyfus affair. There are three main areas in which the French army played a large role: the incident of espionage, the legal case, and lastly, the political ramifications.

The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran

Touro Law Review

Discusses the Dreyfus affair and how the outside world viewed France's conduct. This article provides insight into how the trial was conducted and the evidence that was offered.

The Admissibility Of Cell Site Location Information In Washington Courts, Ryan W. Dumm

Seattle University Law Review

This Comment principally explores when and how a party can successfully admit cell cite location information into evidence. Beginning with the threshold inquiry of relevance, Part III examines when cell site location information is relevant and in what circumstances the information, though relevant, could be unfairly prejudicial, cumulative, or confusing. Part IV provides the bulk of the analysis, which centers on the substantive foundation necessary to establish the information’s credibility and authenticity. Part V looks at three ancillary issues: hearsay, a criminal defendant’s Sixth Amendment confrontation rights, and the introduction of a summary of voluminous records. Finally, Part VI offers …

The Duty Of The Prosecutor To Disclose Unrequested Evidence: United States V. Agurs, Christian F. Dubia Jr

Pepperdine Law Review

No abstract provided.

Civil Litigation In Spain: How To Practice Evidence In Civil Procedure, Elena Martinez

Elena Martinez

Evidence Law and Practice is the key to succeed on a civil procedure. It is possible to have some rights, but if they cannot be proved the desired legal consequences will not be obtained and the proceedings will not finish in a satisfactory manner. In this article we will explain that civil procedure evidence is governed by the dispositive principle and all the principles arising out of it. The rights disputed in civil procedure are private rights, that is, available to the parties. In this regard the parties are entitled to take action and therefore bring a claim, which means …

Not For The Truth Of The Matter: Defendant's Hearsay And The Necessity Of Limiting Instructions In Psychological Defenses, Brian A. Ford

Brian A Ford

This paper presents a thorough discussion of the use of a defendant's hearsay statements to a psychological expert as the basis of the expert's opinion at trial, under California Law.

Why Federal Rule Of Evidence 403 Is Unconstitutional, And Why That Matters, Kenneth S. Klein

University of Richmond Law Review

No abstract provided.

Plea Bargaining In The Dark: The Duty To Disclose Exculpatory Brady Evidence During Plea Bargaining, Michael Nasser Petegorsky

Fordham Law Review

Ninety-seven percent of federal convictions are the result of guilty pleas. Despite the criminal justice system’s reliance on plea bargaining, the law regarding the prosecution’s duty to disclose certain evidence during this stage of the judicial process is unsettled. The Supreme Court’s decision in Brady v. Maryland requires the prosecution to disclose evidence that establishes the defendant’s factual innocence during a trial. Some courts apply this rule during plea bargaining and require the disclosure of material exculpatory evidence before the entry of a guilty plea. Other courts have held or suggested that the prosecution may suppress exculpatory evidence during plea …

You Must Be This Qualified To Offer An Opinion: Permitting Law Enforcement Officers To Testify As Laypersons Under Federal Rule Of Evidence 701, Kim Channick

Fordham Law Review

Every day, in courtrooms across the United States, law enforcement officers testify in criminal and civil trials. Often an officer is certified as an expert witness and, accordingly, can provide opinions to the court based on his or her law enforcement expertise. Other times, the officer offers testimony as a layperson. In the latter situation, Federal Rule of Evidence 701 controls the officer’s lay opinion testimony. This Rule was first adopted to remedy a problematic common law practice of universally prohibiting lay opinion testimony. As the Rule stands now, all lay witnesses, including law enforcement officers, must limit their opinions …

Research Project, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Note: Calvin V. Chater: The Right To Subpoena The Physician In Ssa Cases: Conflict In The Circuits Over The Interpretation Of 20 C.F.R. 404.950(D)(1), Elliot B. Oppenheim

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Vocational Testimony In Social Security Hearings, Daniel F. Solomon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Developments In The Law Of Scientific Evidence: The Admissibility Of Polygraph Evidence, Sheila K. Hyatt

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Evidence Column, Paul R. Troeh Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Workers Compensation: Presenting Medical Evidence In Heart Cases, Gerald J. Haas, Lowell A. Reed Jr, Irvin Stander

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Evidence Column, Paul Troeh Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Two Notes On Evidence: Privileges And Hearsay, J. W. Deese

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Relevancy Of Evidence In Administrative Law Proceedings, J. W. Deese

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Role Of Demeanor Evidence In Determining Credibility Of Witnesses In Fact Finding: The Views Of Aljs, Gregory L. Ogden

Journal of the National Association of Administrative Law Judiciary

Prof. Ogden presents the views of administrative law judge’s on the role of demeanor evidence in determining the credibility of witnesses’ testimony in fact finding. The opinions of administrative law judges add an important new perspective on the issue of whether demeanor evidence increases the accuracy of credibility determinations. The views of administrative law judges were determined through the techniques of survey research, utilizing a questionnaire. After defining demeanor evidence for purposes of the study, Ogden explains the administrative law principle of judicial review that gives weight or deference to credibility determinations based on demeanor evidence. A statistical analysis of …

Death And Politics: The Role Of Demographic Characteristics And Testimony Type In Death Penalty Cases Involving Future Dangerousness Testimony, Amy Magnus, Miliaikeala Heen, Joel D. Lieberman

Graduate Research Symposium (GCUA) (2010 - 2017)

Past research examining expert future dangerousness prediction testimony in death penalty cases and civil confinement hearings for sex offenders has found that jurors tend to be more persuaded by less scientific “clinical” testimony and less influenced by “actuarial” based testimony. Jurors demonstrate greater receptivity for clinical testimony despite the fact that actuarial testimony has been shown to be a better predictor of future dangerousness. Research in this area has focused on identifying cognitive factors that can potentially be manipulated during a trial to increase the effectiveness of actuarial testimony on jurors. A mock jury study was conducted to extend these …

Juror Typologies And Dna Comprehension:Who Benefits From Jury Trial Innovations?, Mari Sakiyama, Joel D. Lieberman

Graduate Research Symposium (GCUA) (2010 - 2017)

When DNA evidence is presented in the courtroom, it is typically accompanied by complex testimony conveying information such as the method of generating population frequencies, match criteria and probabilities, as well as laboratory errors and error rates. Although this evidence may have high probative value, the legal community has expressed growing concern regarding jurors’ ability to comprehend it. However, courts have implemented a variety of jury trial innovations to facilitate jurors’ ability to process complex information. Although these innovations may have a positive effect on comprehension of complex trial evidence, it is unclear whether some jurors are more likely to …

From Gridlock To Groundbreaking: Realizing Reliability In Forensic Science, Jessica D. Gabel

Jessica Gabel Cino

In 2009, The National Academy of Sciences published a scathing report announcing that forensic science is broken and needs to be overhauled. Weaknesses have plagued forensic evidence for decades, and the resulting legal challenges have been hard fought but met with few victories. What we do know is a harsh truth: that faulty forensic science has contributed to the conviction of innocent people—and will continue to do so if the status quo persists.

In recent years, the reality of wrongful convictions has become mainstream through the work of the Innocence Project and other organizations. Out of the 305 DNA-based exonerations …

The Dangers Of Daubert Creep In The Regulatory Realm, Claire R. Kelly

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Modernizing Jury Instructions In The Age Of Social Media, David Aaronson, Sydney Patterson

David Aaronson

No abstract provided.

Substantial Evidence Review In Social Security Cases As An Issue Of Fact, Morton Denlow

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Piranha Is As Deadly As The Shark: A Case For The Limitation On Deceptive Practices In Dna Collection, Brett A. Bauman

Brett A Bauman

Police deception tactics are utilized throughout the United States as a way to catch unsuspecting criminals. Although criticized in many respects, most deceptive police techniques are not only legal, but are actually encouraged. DNA collection and analysis is no exception—techniques are frequently used by law enforcement officers in an attempt to collect a suspect’s genetic specimen in the interest of solving crimes. While law enforcement officers typically have the best interests of society in mind, the current practices employed by officers to collect suspects’ DNA violate the Fourth Amendment. The Fourth Amendment provides protection against unreasonable searches and seizures, and …

Trial By Theory: A Response To Acharya's "Law's Treatment Of Science: From Idealization To Understanding", Gary Edmond, Kent Roach

Dalhousie Law Journal

Adopting a pragmatic and empirically sensitive approach to the use of forensic science and medicine, this essay defends Edmond and Roach's "AContextual Approach to the Admissibility of the State's Forensic Science and Medical Evidence." The authors reiterate their concerns about idealized approaches to science and expertise and question the utility of philosophically-driven and essentialist models of science for legal practice. In detail the essay explains why privileging process over outcomes in the criminal process (andeven perpetuating the dichotomy) is misguided. The authors affirm the importance of factual accuracy and the socio-institutional illegitimacy generated by wrongful convictions. Drawing upon recent inquiries …

Are People Probabilistically Challenged? Book Review Of Daniel Kahneman, Thinking, Fast And Slow (2011), Alex Stein

Alex Stein

Daniel Kahneman’s recent book, Thinking, Fast and Slow, is a must-read for any scholar and policymaker interested in behavioral economics. Thus far, behavioral economists did predominantly experimental work that uncovered discrete manifestations of people’s bounded rationality: representativeness, availability, anchoring, overoptimism, base-rate neglect, hindsight bias, loss aversion, and other misevaluations of probability and utility. This work has developed no causal explanations for these misevaluations. Kahneman’s book takes the discipline to a different level by developing an integrated theory of bounded rationality’s causes and characteristics. This theory holds that humans use two distinct modes of reasoning, intuitive (System 1) and deliberative (System …

Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince

Touro Law Review

No abstract provided.