Law Commons^™

Impeachment Of Witnesses: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

Enforcing The Rules Of Criminal Procedure: An American Perspective, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore

Touro Law Review

No abstract provided.

Theories Of Truth Finding In Criminal Procedure: An Evolutionary Approach, John D. Jackson

Cardozo Law Review

No abstract provided.

Evidence, William L. Monts Iii, Mark C. Dukes, Barbara E. Brunson, Luther C. Kissam Iv

South Carolina Law Review

No abstract provided.

Twist And Shout And Truth Will Out: An Argument For The Adoption Of A "Safety-Valve" Exception To The Washington Hearsay Rule, George R. Nock

Seattle University Law Review

This Article will focus on two decisions of the Washington Supreme Court illustrating the unfortunate expansion of certain hearsay exceptions in order to accommodate truth, show that the expansion could have been avoided had Washington adopted a "general" exception comparable to that found in the Federal Rules of Evidence, and propose the adoption of an exception shorn of the defects of the rejected federal version.

Law And Consciousness, Charles A. Reich

Cardozo Law Review

No abstract provided.

The Attorney-Client Privilege: The Common Law And Georgia's Uncommon Statutes, Paul S. Milich

Georgia State University Law Review

No abstract provided.

The Admissibility Of Prior Bad Acts In Sexual Assault Cases Under Alaska Rule Of Evidence 404(B)- An Emerging Double Standard, Brian E. Lam

Alaska Law Review

No abstract provided.

Charting New Territory In Judicial Proof: Beyond Wigmore, Peter Tillers, David Schum

Cardozo Law Review

In this Article, Professor Tillers and Professor Schum investigate judicial proof in a way that combines three distinct methods of analyzing the probative significance of evidence. They call these three modes of analysis legal structuring, temporal structuring, and relational structuring. Although scholars in various disciplines have recognized the importance of these three types of analysis in the assessment of evidence, no extant theory provides a systematic account of the relationships between legal analysis, temporal analysis, and relational analysis. Professor Tillers and Professor Schum describe some of the matters that a three-dimensional analysis of proof must take into account and they …

Prior Probability - A Black Hole In The Mathematician's View Of The Sufficiency And Weight Of Evidence, Leonard R. Jaffee

Cardozo Law Review

No abstract provided.

Discovery And Admissibility Of Expert Testimony, Joseph M. Mclaughlin

Notre Dame Law Review

No abstract provided.

The Admissibility Of Laboratory Reports In Criminal Trials: The Reliability Of Scientific Proof, Paul C. Giannelli

Faculty Publications

No abstract provided.

Proving The Defendant's Bad Character, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The classic study of the American jury shows that when a defendant's criminal record is known and the prosecution's case has weaknesses, the defendant's chances of acquittal are thirty-eight percent, compared to sixty-five percent otherwise. Because of the danger that jurors will assume that the defendant is guilty based on proof that his bad character predisposes him to an act of crime, the courts and legislatures have attempted to circumscribe the use of such evidence. Some prosecutors, however, although well aware of the insidious effect such prejudicial evidence can have on jurors, violate the rules of evidence, as well as …

The Skeleton In The Closet: The Battered Woman Syndrome, Self Defense, And Expert Testimony, Victoria M. Mather

Faculty Articles

The criminal justice system must deal fairly, through the use of expert testimony, with the battered woman who strikes back at her abuser with deadly results. Society-at-large does not understand the battered woman, the batterer, and their relationship; historically, the criminal justice system’s response to the predicament of the battered woman has been ineffective.

The use of expert testimony in homicide cases where an allegedly battered wife kills her abuser and then claims self-defense is a controversial proposition. The evidence, however, shows that women are frequently the victims of abuse, that patterns of behavior associated with battering relationships usually exist, …

Res Gestae, The Present Sense Impression Exception And Extrinsic Corroboration Under Federal Rules Of Evidence 803(1) And Its State Counterparts, William Gorman Passannante

Fordham Urban Law Journal

This Note presents an overview of the hearsay rule and its general historical development, as well as background on the history of the res gestae doctrine to provide a clearer understanding of the Federal Rules discussed. It examines the current analysis of the three Rule 803 hearsay exceptions, and compares the requirements of external corroboration of hearsay statements under each of Rules 803(1), (2) and (3) to illustrate some inconsistencies in the application of these rules. The author concludes that it is essential that a concise and historically consistent method of applying the present sense impression exception be used, and …

Rule 609(A) In The Civil Context: A Recommendation For Reform, Teree E. Foster

Fordham Law Review

No abstract provided.

Procedure For Admitting And Excluding Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

A Unified Theory Of Scientific Evidence, Bert Black

Fordham Law Review

No abstract provided.

Don't Be Cowed By Scientific Evidence: A Pretrial Primer For Prosecutors And Defense Attorneys, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.

Evidence, J. James Duggan

South Carolina Law Review

No abstract provided.

Deborah Bird Rose's Review Of Marc Gumbert's Neither Justice Nor Reason: A Legal And Anthropological Analysis Of Aboriginal Land Rights, Deborah Bird Rose

Pacific Studies

No abstract provided.

Seminar On Evidence And Trial Practice, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Robert G. Lawson, William H. Fortune, Thomas L. Osborne, William R. Garmer, Richard H. Underwood, Robert L. Elliott, Peggy E. Purdom, Andre E. Busald, William J. Kathman

Continuing Legal Education Materials

Outlines of speaker presentations offered during a series of one day seminars on evidence and trial practice offered by UK/CLE in late 1987-early 1988.

Taking Evidence And Breaking Treaties: Aerospatiale And The Need For Common Sense, James G. Dwyer, Lois A. Yurow

Faculty Publications

No abstract provided.

Strict Liability And State-Of-The-Art Evidence In Illinois, James Christensen

Northern Illinois University Law Review

This comment discusses Illinois' treatment of state-of-the-art evidence as a defense to a strict liability claim. The article argues that Illinois should disallow the defense in the area of unknowable risk for the same reasons that Illinois disallows the defense in undiscoverable risk.

Domestic Relations Uncontested Divorces: Provide For Waiver Of Evidentiary Hearings, J. Watson

Georgia State University Law Review

The Act amends the current statutory provisions mandating evidentiary hearings in divorce actions. While evidentiary hearings are still authorized, now uncontested divorces can also be granted by the court based either on the verified pleadings, affidavits or &"such other basis or procedure as the court may deem proper in its discretion.&" The waiver of a required evidentiary hearing applies also to issues of alimony, child support, and child custody when those issues are uncontested. The new statutory provisions apply to all proceedings either pending on or commenced after July 1, 1987. July 1, 1987

Resurrection Of The Ultimate Issue Rule Federal Rule Of Evidence 704 (B) And The Insanity Defense , Anne Lawson Braswell

Cornell Law Review

No abstract provided.

Discovery And Testimony Of Unretained Experts: Creating A Clear And Equitable Standard To Govern Compliance With Subpoenas, Mark Labaton

Duke Law Journal

No abstract provided.

Pleading The Fifth: Record Custodians And The Act-Of-Production Doctrine, Amy Schlesinger Rich

Cardozo Law Review

No abstract provided.

Common Law Remedies Of Employees Injured By Employer Use Of Polygraph Testing, Deborah J. Weimer

Faculty Scholarship

No abstract provided.