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Full-Text Articles in Law
Prejudicial Character Evidence: How The Circuits Apply Old Chief To Federal Rule Of Evidence 403, Hannah J. Goldman
Prejudicial Character Evidence: How The Circuits Apply Old Chief To Federal Rule Of Evidence 403, Hannah J. Goldman
Fordham Law Review
It is a fundamental principle of the American justice system that a defendant should be judged on the facts of the case at issue and not for the defendant's general character or past indiscretions. Federal Rule of Evidence 404, which prohibits character evidence, addresses this issue. Rule 403 represents another principle of the justice system: the legal system favors admissibility of evidence over its exclusion. There are some exceptions to this principle, including when evidence is so highly prejudicial that it outweighs the benefits of its admission. As 404(b) character evidence is almost always highly prejudicial to the defendant, trial …
Balancing Hearsay And Criminal Discovery, John G. Douglass
Balancing Hearsay And Criminal Discovery, John G. Douglass
Fordham Law Review
No abstract provided.
When The Postman Beeps Twice: The Admissibility Of Electronic Mail Under The Business Records Exception Of The Federal Rules Of Evidence, Anthony J. Dreyer
When The Postman Beeps Twice: The Admissibility Of Electronic Mail Under The Business Records Exception Of The Federal Rules Of Evidence, Anthony J. Dreyer
Fordham Law Review
No abstract provided.
The Poor Fit Of Traditional Evidentiary Doctrine And Sophisticated Crime: An Empirical Analysis Of Health Care Fraud Prosecutions, Pamela H. Bucy
The Poor Fit Of Traditional Evidentiary Doctrine And Sophisticated Crime: An Empirical Analysis Of Health Care Fraud Prosecutions, Pamela H. Bucy
Fordham Law Review
No abstract provided.
Res Gestae, The Present Sense Impression Exception And Extrinsic Corroboration Under Federal Rules Of Evidence 803(1) And Its State Counterparts, William Gorman Passannante
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 …
Prior Consistent Statements: Temporal Admissibility Standard Under Federal Rule Of Evidence 801(D)(1)(B), Judith A. Archer
Prior Consistent Statements: Temporal Admissibility Standard Under Federal Rule Of Evidence 801(D)(1)(B), Judith A. Archer
Fordham Law Review
No abstract provided.
State Evidentiary Privileges In Federal Civil Litigation, Martin I. Kaminsky
State Evidentiary Privileges In Federal Civil Litigation, Martin I. Kaminsky
Fordham Law Review
No abstract provided.
Former-Testimony Exception In The Proposed Federal Rules Of Evidence, The , Michael M. Martin
Former-Testimony Exception In The Proposed Federal Rules Of Evidence, The , Michael M. Martin
Faculty Scholarship
According to one member of the Advisory Committee which drafted them, the proposed Rules of Evidence for the United States Courts and Magistrates were promulgated to "improve the truth-finding capacity of the courts," as well as to provide the benefits of simplification and uniformity. In much the same way that the Federal Rules of Civil Procedure have led to modernization of procedural rules in many states, the proposed Federal Rules of Evidence may be the vehicle by which improvements unsuccessfully codified in the Model Code of Evidence and the Uniform Rules of Evidence can finally be achieved across the United …