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Articles 1081 - 1110 of 1442

Full-Text Articles in Criminal Law

The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland Jan 1994

The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland

American University Law Review

No abstract provided.


"Other Crimes" Evidence In Sex Offense Cases, Roger C. Park, David P. Bryden Jan 1994

"Other Crimes" Evidence In Sex Offense Cases, Roger C. Park, David P. Bryden

Faculty Scholarship

No abstract provided.


The Admissibility Of Prior Acquittal Evidence - Has North Carolina Adopted The "Minority View?" - The Effect Of State V. Scott, Matthew S. Sullivan Jan 1994

The Admissibility Of Prior Acquittal Evidence - Has North Carolina Adopted The "Minority View?" - The Effect Of State V. Scott, Matthew S. Sullivan

Campbell Law Review

This Note will examine the court's decision in State v. Scott. First, the Note will address the facts of the case. Second, it will set out the background on how courts decide whether evidence of this nature should be admitted, mainly focusing on Rules 403 and 404(b) of the North Carolina Rules of Evidence. Next, the Note will analyze how the court arrived at this "bright-line" rule as well as the effect it will have in future cases. Finally, the Note will conclude that even though North Carolina adopted the "minority rule", this approach is proper under the concept …


Character Evidence, James L. Kainen Jan 1994

Character Evidence, James L. Kainen

Touro Law Review

No abstract provided.


Expert Testimony, Barry C. Scheck Jan 1994

Expert Testimony, Barry C. Scheck

Touro Law Review

No abstract provided.


Money Laundering And Drug Trafficking: A Question Of Understanding The Elements Of The Crime And The Use Of Circumstantial Evidence, Thomas M. Dibiagio Jan 1994

Money Laundering And Drug Trafficking: A Question Of Understanding The Elements Of The Crime And The Use Of Circumstantial Evidence, Thomas M. Dibiagio

University of Richmond Law Review

Drug trafficking in the United States generates millions of dollars in cash profits daily. The cash generated from narcotics trafficking usually follows one of two distinct paths. Domestically, the profits are converted into usable currency by disguising the association between the cash and the narcotics enterprise. Monies not spent domestically are transferred back to the nar- cotics source or drug cartel to be enjoyed by the drug traffickers and to provide operating capital for the enterprise. This conversion and transfer process has become known commonly as money laundering.


The Sexual Innocence Inference Theory As A Basis For The Admissibility Of A Child Molestation Victim's Prior Sexual Conduct, Christopher B. Reid Feb 1993

The Sexual Innocence Inference Theory As A Basis For The Admissibility Of A Child Molestation Victim's Prior Sexual Conduct, Christopher B. Reid

Michigan Law Review

The sexual innocence inference refers to the thought process a jury follows when it hears a young child testify about sexual acts and matters that reveal an understanding of such acts beyond the capacity likely at his or her age. A jury is likely to assume that because the child is so young, he or she must be innocent of sexual matters. Shocked by the child's display on the witness stand, the jury may then infer that the child could have acquired such knowledge only if the charged offense of child molestation is true. To rebut this inference, a defendant …


Constitutional Posture Of Canine Sniffs, Lina Shahin Jan 1993

Constitutional Posture Of Canine Sniffs, Lina Shahin

Touro Law Review

No abstract provided.


Uncharged Misconduct Evidence In Sex Crime Cases: Reassessing The Rule Of Exclusion, Roger C. Park, David P. Bryden Jan 1993

Uncharged Misconduct Evidence In Sex Crime Cases: Reassessing The Rule Of Exclusion, Roger C. Park, David P. Bryden

Faculty Scholarship

No abstract provided.


After White V. Illinois: Fundamental Guarantees To A Hollow Right To Confront Witnesses, Patricia W. Bennett Jan 1993

After White V. Illinois: Fundamental Guarantees To A Hollow Right To Confront Witnesses, Patricia W. Bennett

Journal Articles

The thrust of this Article is three-fold: (1) to discuss the historical aspects of the Confrontation Clause and its interpretation by the United States Supreme Court, (2) to show that, with White v. Illinois, the Supreme Court lost its moorings with previous decisions and drifted into treacherous constitutional seas, and (3) to suggest a textual construction of the Confrontation Clause that would be harmonious with the hearsay rule while preserving the rights of the accused to face their actual accusers.


When Defendant Becomes The Victim: A Child's Recantation As Newly Discovered Evidence, Christopher J. Sinnott Jan 1993

When Defendant Becomes The Victim: A Child's Recantation As Newly Discovered Evidence, Christopher J. Sinnott

Cleveland State Law Review

This note will explore the standards for granting new trials within the child recantation setting. It will argue that insistence on respecting the evidentiary statements of children is contrary to common sense and current research. As a result, the standards for new trial ought to be rethought. Part II will analyze the two prevalent standards used by courts to weigh the merit of a new trial motion and will show why both standards present a nearly insurmountable hurdle for a movant to satisfy. Part III will explore the special issues that confront a court each time a young "victim" testifies. …


Racial Imagery In Criminal Cases, Sheri Lynn Johnson Jan 1993

Racial Imagery In Criminal Cases, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Investigative Interviews Of Children: Should They Be Videotaped, John E.B. Myers Jan 1993

Investigative Interviews Of Children: Should They Be Videotaped, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.


Dna Evidence: Probability, Population Genetics, And The Courts, David H. Kaye Jan 1993

Dna Evidence: Probability, Population Genetics, And The Courts, David H. Kaye

Faculty Scholarship

To help meet the challenge of presenting properly performed DNA tests within the post-Daubert legal framework, this article outlines the statistical procedures that have been employed or proposed to provide judges and juries with quantitative measures of probative value, describes more fully how the courts have dealt with these procedures, and evaluates the opinions and the statistical analyses from the standpoint of the law of evidence.

Specifically, the article outlines the procedure used to declare whether two samples of DNA "match," and how shrinking the size of the "match window," as some defendants have urged, will decrease the risk of …


Payne V. Tennessee: The Supreme Court Places Its Stamp Of Approval On The Use Of "Victim Impact Evidence" During Capital Sentencing Proceedings, Stephen M. Sargent Sep 1992

Payne V. Tennessee: The Supreme Court Places Its Stamp Of Approval On The Use Of "Victim Impact Evidence" During Capital Sentencing Proceedings, Stephen M. Sargent

BYU Law Review

No abstract provided.


Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer Jul 1992

Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer

Indiana Law Journal

No abstract provided.


Civil Forfeiture Of Property For Drug Offenders Under Illinois And Federal Statute: Zero Tolerance, Zero Exceptions, 25 J. Marshall L. Rev. 389 (1992), T. J. Hiles Jan 1992

Civil Forfeiture Of Property For Drug Offenders Under Illinois And Federal Statute: Zero Tolerance, Zero Exceptions, 25 J. Marshall L. Rev. 389 (1992), T. J. Hiles

UIC Law Review

No abstract provided.


Oops - We Forgot To Put It In The Refrigerator: Dna Identification And The State's Duty To Preserve Evidence, 25 J. Marshall L. Rev. 809 (1992), Albert M.T. Finch Iii Jan 1992

Oops - We Forgot To Put It In The Refrigerator: Dna Identification And The State's Duty To Preserve Evidence, 25 J. Marshall L. Rev. 809 (1992), Albert M.T. Finch Iii

UIC Law Review

No abstract provided.


A First Amendment-Sixth Amendment Dilemma: Manuel Noriega Pushes The American Judicial System To The Outer Limits Of The First Amendment, 25 J. Marshall L. Rev. 563 (1992), Lance R. Peterson Jan 1992

A First Amendment-Sixth Amendment Dilemma: Manuel Noriega Pushes The American Judicial System To The Outer Limits Of The First Amendment, 25 J. Marshall L. Rev. 563 (1992), Lance R. Peterson

UIC Law Review

No abstract provided.


Standards Of Review In Illinois Criminal Cases: The Need For Major Reform, 17 S. Ill. U. L.J. 51 (1992), Timothy P. O'Neill Jan 1992

Standards Of Review In Illinois Criminal Cases: The Need For Major Reform, 17 S. Ill. U. L.J. 51 (1992), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.


Notes: Criminal Law — Evidence — Evidence Of Refusal To Submit To Chemical Breath Test For Alcohol Admissible Only When Relevant To Matters Other Than Defendant's Innocence Or Guilt. Krauss V. State, 322 Md. 376, 587 A.2d 1102 (1991), Howard S. Cohen Jan 1992

Notes: Criminal Law — Evidence — Evidence Of Refusal To Submit To Chemical Breath Test For Alcohol Admissible Only When Relevant To Matters Other Than Defendant's Innocence Or Guilt. Krauss V. State, 322 Md. 376, 587 A.2d 1102 (1991), Howard S. Cohen

University of Baltimore Law Review

No abstract provided.


Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard Lempert Nov 1991

Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard Lempert

Cardozo Law Review

No abstract provided.


Expert-Novice Differences And Implications For Choice Of Bench Versus Jury Trial, Anne W. Martin Nov 1991

Expert-Novice Differences And Implications For Choice Of Bench Versus Jury Trial, Anne W. Martin

Cardozo Law Review

No abstract provided.


The Admissibility Of Dna Testing, D. H. Kaye Nov 1991

The Admissibility Of Dna Testing, D. H. Kaye

Cardozo Law Review

No abstract provided.


What Dna “Fingerprinting” Can Teach The Law About The Rest Of Forensic Science, Michael J. Saks, Jonathan J. Koehler Nov 1991

What Dna “Fingerprinting” Can Teach The Law About The Rest Of Forensic Science, Michael J. Saks, Jonathan J. Koehler

Cardozo Law Review

No abstract provided.


Missing Evidence, Dale A. Nance Nov 1991

Missing Evidence, Dale A. Nance

Cardozo Law Review

No abstract provided.


Comment On Edwards: Ward Edwards And The New Bayesian Software, David T. Wasserman Nov 1991

Comment On Edwards: Ward Edwards And The New Bayesian Software, David T. Wasserman

Cardozo Law Review

No abstract provided.


The Admissibility Of Hypnotically Enhanced Testimony In Criminal Trials, Gary Shaw Oct 1991

The Admissibility Of Hypnotically Enhanced Testimony In Criminal Trials, Gary Shaw

Scholarly Works

No abstract provided.


Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman Jul 1991

Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman

Indiana Law Journal

No abstract provided.


Should Michigan Rule Of Evidence 703 Be Revised?, Brian Benner, Ronald L. Carlson Jun 1991

Should Michigan Rule Of Evidence 703 Be Revised?, Brian Benner, Ronald L. Carlson

Popular Media

Technical witnesses regularly assist the fact-finding process in Michigan trials. Jury or bench trials in federal and state courts routinely feature the appearance of experts. Properly policed by our courts, few forms of testimony hold more promise for advancing the truth-seeking function of American litigation. The expanding presence of experts raises hard questions. Are the Michigan rules in turn with modern needs? Should the state rule controlling the basis for expert opinion be aligned with the federal pattern? If Michigan Rule of Evidence 703 could stand revision, does proper alteration require significant additions not presently contained in either state or …