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Articles 331 - 360 of 465
Full-Text Articles in Criminal Law
Condemned By Substance And Process: A Comment On “Doubly Condemned”: Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies And “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Raymond T. Diamond
Cardozo Law Review
The substance of modem criminal law and the procedures through which that law is enforced are a subject of current debate. On the one hand, some call into question the use of criminal sanctions as a means of enforcing schemes of regulation meant to guarantee public welfare. By the same token, violent crime and crime that is otherwise malum in se has caused increasing levels of fear and concomitant calls for more vigorous enforcement of the criminal law. As a result, the rights that protect the accused from intrusions by a potentially tyrannical state and from arbitrary decision making by …
Rule 609: Impeachment By Evidence Of Conviction Of Crime
Rule 609: Impeachment By Evidence Of Conviction Of Crime
Touro Law Review
No abstract provided.
That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson
That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson
Publications
No abstract provided.
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Faculty Publications
No abstract provided.
Child Sexual Abuse Prosecutions: Admitting Out-Of-Court Statements Of Child Victims And Witnesses In Louisana, Charles W. Ehrhardt, Ryon M. Mccabe
Child Sexual Abuse Prosecutions: Admitting Out-Of-Court Statements Of Child Victims And Witnesses In Louisana, Charles W. Ehrhardt, Ryon M. Mccabe
Scholarly Publications
No abstract provided.
She’S Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege, Euphemia B. Warren
She’S Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege, Euphemia B. Warren
Cardozo Law Review
This Note analyzes the justifications for a testimonial privilege for communications between a rape victim and her counselor. More importantly, it contends that a qualified privilege sufficiently protects the counselor-victim relationship and the rape victim's need for confidentiality, while at the same time securing the defendant's Sixth Amendment rights. This Note endorses a qualified privilege that requires a specific showing by the defendant that the information he seeks might be helpful to his case before the trial judge will conduct an in camera inspection of the confidential rape counseling records. In the in camera review, the judge will determine whether …
Federal Rules Of Evidence And The Political Process, David P. Leonard
Federal Rules Of Evidence And The Political Process, David P. Leonard
Fordham Urban Law Journal
An important tenet of American evidence law is the strict regulation on the introduction of character evidence. This principal has begun to be chipped away at through the adoption of amendments that allow character evidence to be introduced in certain types of cases. The Federal Rules of Evidence were subject to very little amendment during their first 20 years of use, and have always represented a blend of conservatism about evidence law and political compromise. This tension has been kept in check until the proposal of Rules 413-415, which represents a concession to the politicization of the rules. Before imposing …
The Plain Feel Doctrine In Washington: An Opportunity To Provide Greater Protections Of Privacy To Citizens Of This State, Laura T. Bradley
The Plain Feel Doctrine In Washington: An Opportunity To Provide Greater Protections Of Privacy To Citizens Of This State, Laura T. Bradley
Seattle University Law Review
This Comment argues that Washington should return to an independent analysis of search and seizure doctrine under article I, section 7 of the state constitution and reject the admission of contraband seized during the course of a pat-down frisk. The decisions in Hudson and Dickerson have established an unnecessary and unworkable standard, and involve an increased invasion of personal privacy without the counter-balancing need to protect the safety of others. The plain feel doctrine as announced in Dickerson and Hudson developed from two well-established concepts in search and seizure law-the Terry frisk of persons to discover weapons and the plain …
Undertaking The Task Of Reforming The American Character Evidence Prohibition: The Importance Of Getting The Experiment Off On The Right Foot, Edward J. Imwinkelried
Undertaking The Task Of Reforming The American Character Evidence Prohibition: The Importance Of Getting The Experiment Off On The Right Foot, Edward J. Imwinkelried
Fordham Urban Law Journal
The United States Congress and the State Legislatures of Indiana and Missouri have chosen illogical starting points in their experiments to reform the prohibition against introducing character evidence in criminal cases. Rather than start by allowing the introduction of past crimes with high recidivism rates such as burglary, these legislatures have chosen crimes with minimal probative value as predictors of the accused's conduct. By allowing the the introduction of criminal history in regard to criminal sexual conduct and child molestation, these legislatures increase the risk of wrongful conviction due to the disdain with which the average citizen views these types …
Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein
Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
The Meaning Of Daubert And What That Means For Forensic Science, Randolph N. Jonakait
The Meaning Of Daubert And What That Means For Forensic Science, Randolph N. Jonakait
Cardozo Law Review
Daubert's effect on forensic science is unclear because the opinion is unclear. The Daubert Court did start blazing a useful path by stating that before scientific testimony is admitted, the trial court must be convinced that "the reasoning or methodology underlying the testimony is scientifically valid and ... that [the] reasoning or methodology properly can be applied to the facts in issue." But the Court's trailblazing was incomplete and often misleading.
Daubert: Interpreting The Federal Rules Of Evidence, Paul C. Giannelli
Daubert: Interpreting The Federal Rules Of Evidence, Paul C. Giannelli
Cardozo Law Review
In 1992 Judge Becker and Professor Orenstein referred to the Frye issue - the admissibility of novel scientific evidence-as the "most controversial and important unresolved question" in the Federal Rules of Evidence. Indeed, during the prior decade the federal courts had battled over the issue, as had their state counterparts. Similarly, text writers and law review commentators vigorously disagreed about the proper standard for admitting scientific evidence. While one ABA report on the Federal Rules explored the Frye issue and concluded that it "is not clear that any standard would produce agreement at the moment," another report cited it as …
Impeachment By Conviction Evidence: Judicial Discretion And The Politics Of Rule 609, Victor Gold
Impeachment By Conviction Evidence: Judicial Discretion And The Politics Of Rule 609, Victor Gold
Cardozo Law Review
No provision of the Federal Rules of Evidence has sparked more controversy than Rule 609, which deals with the admissibility of convictions to impeach a witness. When first proposed, the provision was the subject of fierce debate, sparking repeated revision during its drafting and while it was under consideration by Congress. Ultimately, no one side in this legislative battle prevailed entirely; the Rule strikes a compromise between sharply conflicting policies. The text of Rule 609, incorporating no less than three balancing tests, two references to fairness, one to justice, and several other undefined terms, leaves the task of resolving the …
The Next Step After Daubert: Developing A Similarly Epistemological Approach To Ensuring The Reliability Of Nonscientific Expert Testimony, Edward J. Imwinkelried
The Next Step After Daubert: Developing A Similarly Epistemological Approach To Ensuring The Reliability Of Nonscientific Expert Testimony, Edward J. Imwinkelried
Cardozo Law Review
On June 28, 1993, after much fanfare, the United States Supreme Court rendered its decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. The decision was not only preceded by intense media attention; the decision was also immediately followed by a massive-and growing-volume of commentary. As is usually true with landmark decisions, it is imperative to identify what the Court decided and what the Court left unresolved.
Character Evidence, James L. Kainen
Expert Testimony, Barry C. Scheck
Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard Lempert
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
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
What Dna “Fingerprinting” Can Teach The Law About The Rest Of Forensic Science, Michael J. Saks, Jonathan J. Koehler
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
Comment On Edwards: Ward Edwards And The New Bayesian Software, David T. Wasserman
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
The Admissibility Of Hypnotically Enhanced Testimony In Criminal Trials, Gary Shaw
Scholarly Works
No abstract provided.
Should Michigan Rule Of Evidence 703 Be Revised?, Brian Benner, Ronald L. Carlson
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 …