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Evidence

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Full-Text Articles in Law

Ringers Revisited, Richard H. Underwood Jul 2013

Ringers Revisited, Richard H. Underwood

Law Faculty Scholarly Articles

In this short essay, Professor Underwood addresses an important development in the law dealing with eyewitness testimony and the New Jersey case of State v. Henderson. He gets at the subject by looking back to a 1950s television play starring fellow Kentucky resident, William Shatner. However, in this particular instance, William Shatner would not change the world.


Text Messages And The Hearsay Rule In The Aaron Hernandez Case, Jeffrey Bellin Jun 2013

Text Messages And The Hearsay Rule In The Aaron Hernandez Case, Jeffrey Bellin

Popular Media

No abstract provided.


Fifth Amendment Protection For Public Employees: Garrity And Limited Constitutional Protections From Use Of Employer Coerced Statements In Internal Investigations And Practical Considerations, J. Michael Mcguinness Jun 2013

Fifth Amendment Protection For Public Employees: Garrity And Limited Constitutional Protections From Use Of Employer Coerced Statements In Internal Investigations And Practical Considerations, J. Michael Mcguinness

Touro Law Review

No abstract provided.


Limited Admissibility And Its Limitations, Lisa Dufraimont Jun 2013

Limited Admissibility And Its Limitations, Lisa Dufraimont

Articles & Book Chapters

Among the challenges facing juries and judges in adjudicating cases is the obligation to use evidence for limited purposes. Evidence inadmissible for one purpose is frequently admissible for other purposes, a situation known as "limited admissibility". Where limited admissibility arises in jury trials, courts generally deliver limiting instructions outlining the inferences that can legitimately be drawn from the evidence and identifying prohibited lines of reasoning to be avoided. Limiting instructions represent an expedient solution to limited-admissibility problems, but they create obvious problems of their own. A thoughtful observer might suspect-as psychological studies confirm-that limiting instructions are likely to fail in …


The Behavior Of The French Army During The Dreyfus Affair, General André Bach May 2013

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 May 2013

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 May 2013

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 May 2013

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

Pepperdine Law Review

No abstract provided.


Plea Bargaining In The Dark: The Duty To Disclose Exculpatory Brady Evidence During Plea Bargaining, Michael Nasser Petegorsky May 2013

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 …


Why Federal Rule Of Evidence 403 Is Unconstitutional, And Why That Matters, Kenneth S. Klein May 2013

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

University of Richmond Law Review

No abstract provided.


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 May 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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. Apr 2013

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 Apr 2013

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. Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 (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 Apr 2013

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

Graduate Research Symposium (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 …


The Dangers Of Daubert Creep In The Regulatory Realm, Claire R. Kelly Apr 2013

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

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Substantial Evidence Review In Social Security Cases As An Issue Of Fact, Morton Denlow Apr 2013

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.


Trial By Theory: A Response To Acharya's "Law's Treatment Of Science: From Idealization To Understanding", Gary Edmond, Kent Roach Apr 2013

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 …


Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince Mar 2013

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.


Model Draft Of A Rule 502(D) Order, Symposium Participants Mar 2013

Model Draft Of A Rule 502(D) Order, Symposium Participants

Fordham Law Review

No abstract provided.


Enter The Order, Protect The Privilege: Considerations For Courts Entering Protective Orders Under Federal Rule Of Evidence 502(D), Edwin M. Buffmire Mar 2013

Enter The Order, Protect The Privilege: Considerations For Courts Entering Protective Orders Under Federal Rule Of Evidence 502(D), Edwin M. Buffmire

Fordham Law Review

No abstract provided.