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Evidence

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Articles 301 - 330 of 351

Full-Text Articles in Criminal Procedure

Law And Consciousness, Charles A. Reich Oct 1988

Law And Consciousness, Charles A. Reich

Cardozo Law Review

No abstract provided.


Proving The Defendant's Bad Character, Bennett L. Gershman Jan 1988

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 …


Don't Be Cowed By Scientific Evidence: A Pretrial Primer For Prosecutors And Defense Attorneys, F. Thomas Schornhorst Jan 1988

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.


Pleading The Fifth: Record Custodians And The Act-Of-Production Doctrine, Amy Schlesinger Rich Feb 1987

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

Cardozo Law Review

No abstract provided.


Evidentiary Use Of Other Crime Evidence: A Survey Of Recent Trends In Criminal Procedure, Susan Stuart Jan 1987

Evidentiary Use Of Other Crime Evidence: A Survey Of Recent Trends In Criminal Procedure, Susan Stuart

Law Faculty Publications

No abstract provided.


Criminal Procedure—Exclusionary Rule—No Good Faith Exception To The Arkansas Rules Of Criminal Procedure, Dale Scroggins Jul 1985

Criminal Procedure—Exclusionary Rule—No Good Faith Exception To The Arkansas Rules Of Criminal Procedure, Dale Scroggins

University of Arkansas at Little Rock Law Review

No abstract provided.


Testing The Reliability Of Coconspirators' Statements Admitted Under Federal Rule Of Evidence 801(D)(2)(E): Putting The Claws Back In The Confrontation Clause, Daniel R. Rizzolo Jan 1985

Testing The Reliability Of Coconspirators' Statements Admitted Under Federal Rule Of Evidence 801(D)(2)(E): Putting The Claws Back In The Confrontation Clause, Daniel R. Rizzolo

Villanova Law Review (1956 - )

No abstract provided.


Evidence: Survey Of Recent Developments In Indiana Law, J. Alexander Tanford Jan 1984

Evidence: Survey Of Recent Developments In Indiana Law, J. Alexander Tanford

Articles by Maurer Faculty

With rare exceptions, Indiana evidence law progresses slowly and holds closely to the traditional concepts of the common law. This Survey Article collects the several important cases decided during the past year that continue this development of Indiana's common law of evidence. A general word of caution is in order concerning the Indiana appellate courts' evidence cases. Most evidence issues arise in criminal cases, in which convicted defendants allege error in the admission of evidence against them or in the exclusion of evidence offered in their defense. A ruling in favor of the defendant could result in the reversal of …


When Death Is The Issue: Uses Of Pathological Testimony And Autopsy Reports At Trial, J. Thomas Sullivan Jan 1983

When Death Is The Issue: Uses Of Pathological Testimony And Autopsy Reports At Trial, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.


The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander Jan 1983

The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander

Faculty Publications

The hearsay exception for "public records" was recognized at common law and has been further developed in most jurisdictions by statute. The reliability of public records is said to derive from the presumption of regularity and accuracy that attends the recording of events by public officials. As with the hearsay exception for recordsmade in the regular course of a private business, the reliability of many public records is enhanced by the routine and repetitive circumstancesunder which such records are made. An additional justificationfor the admission of public records is public convenience: If government employees are continually required to testify in …


Burden Of Proof With Respect To The Defense Of Withdrawal From Conspiracy: United States V. Read, Alan S. Fox Jan 1982

Burden Of Proof With Respect To The Defense Of Withdrawal From Conspiracy: United States V. Read, Alan S. Fox

Cardozo Law Review

No abstract provided.


Kentucky Law Survey: Criminal Rules, William H. Fortune Jan 1982

Kentucky Law Survey: Criminal Rules, William H. Fortune

Law Faculty Scholarly Articles

In May 1978 the Kentucky Supreme Court set up a Criminal Rules Revision Committee (Advisory Committee) to study Kentucky's Rules of Criminal Procedure. The purpose of the Advisory Committee was to make recommendations to the Judicial Council. The committee met sixteen times between July 1978 and July 1980, and at the conclusion of its study, submitted a comprehensive revision of the rules of criminal procedure to the judicial council. These proposed revisions went beyond mere amendment of the existing rules. The Advisory Committee drew heavily from the Federal Rules of Criminal Procedure, and ultimately proposed extensive changes in plea bargaining, …


The Business Papers Rule: Personal Privacy And White Collar Crime, John S. Applegate Jan 1982

The Business Papers Rule: Personal Privacy And White Collar Crime, John S. Applegate

Articles by Maurer Faculty

No abstract provided.


Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon Jul 1981

Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon

Law Faculty Publications

No abstract provided.


A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal Jan 1981

A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal

Law Faculty Publications

In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …


The Defendant's Right To Independent Analysis Of The Breathalyzer Ampoule: The Probable Virginia Response, Anita L. Zuckerman Oct 1979

The Defendant's Right To Independent Analysis Of The Breathalyzer Ampoule: The Probable Virginia Response, Anita L. Zuckerman

William & Mary Law Review

No abstract provided.


The Rules Of Evidence In Preliminary Hearings In Virginia, Charles E. Friend May 1979

The Rules Of Evidence In Preliminary Hearings In Virginia, Charles E. Friend

William & Mary Law Review

No abstract provided.


Parker V. Randolph, Lewis F. Powell Jr. Oct 1978

Parker V. Randolph, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Weatherford V. Bursey, George Robert Dittrich Apr 1978

Weatherford V. Bursey, George Robert Dittrich

University of Arkansas at Little Rock Law Review

No abstract provided.


An Examination Of The Naming Requirement Of Tittle Iii In Light Of United States V. Donovan - A Case For Suppression, William D. Goldberg Jan 1978

An Examination Of The Naming Requirement Of Tittle Iii In Light Of United States V. Donovan - A Case For Suppression, William D. Goldberg

Villanova Law Review (1956 - )

No abstract provided.


Criminal Procedure - Statements Made During A Prearraignment Delay That Exceeds Six Hours Ruled Inadmissible In Pennsylvania, Carol J. Young Jan 1978

Criminal Procedure - Statements Made During A Prearraignment Delay That Exceeds Six Hours Ruled Inadmissible In Pennsylvania, Carol J. Young

Villanova Law Review (1956 - )

No abstract provided.


Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar Jan 1978

Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar

Articles

On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the federal district court8 …


"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr. Sep 1976

"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.

Scholarly Works

This Article explores the admissibility of illegally obtained evidence in Georgia criminal cases prior to 1961 and during the post-Mapp era and endeavors to assess the future admissibility of illegally seized evidence in Georgia under both federal and state law.


Impeaching A Defendant's Testimony By Proof Of Post-Arrest Silence: Doyle V. Ohio, F. Ronald O'Keefe Jan 1976

Impeaching A Defendant's Testimony By Proof Of Post-Arrest Silence: Doyle V. Ohio, F. Ronald O'Keefe

Cleveland State Law Review

This Note will attempt to outline the genesis of the issue of impeachment by post-arrest silence by first discussing the various inquiries into the probative value of silence which had been undertaken by courts on the federal level before Hale (United States v. Hale, 422 U.S. 171 (1975)) . The focus will then shift to the Hale Court's treatment of this issue. The constitutional aspects of the issue will then be discussed, and the pronouncement of the Doyle Court (Doyle v. Ohio, 96 S. Ct. 2240 (1976)) will be analyzed with an emphasis on the continuity between the Hale and …


The Street Perspective: A Conversation With The Police, Patrick L. Baude Oct 1975

The Street Perspective: A Conversation With The Police, Patrick L. Baude

IUSTITIA

Professor Baude's purpose in this discussion is to elicit police officers' comments on what members of the legal profession ought to know about the influence of the "street perspective" in shaping those officers' attitudes towards the criminal justice system and the role they play in it. It is police insistence on the broad validity of insights which only "the street" can provide that accounts for the considerable gulf between "front-line" enforcement officers and other functionaries in (and students of) that system. Law students (and no doubt lawyers) seem uncomfortable with the notion that our system cannot adequately be understood without …


A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt Oct 1974

A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt

Scholarly Publications

The law of evidence had been codified in three states, California, New Jersey and Kansas, prior to the United States Supreme Court's promulgation of the Proposed Federal Rules of Evidence. The submission of the rules to the Congress, and their approval, as amended, by the House of Representatives served as the catalyst for renewed interest in evidence codification. Three states have recently adopted comprehensive Rules of Evidence that closely parallel the Proposed Federal Rules, and at least four other states, including Florida, have drafted or are actively considering the adoption of such a codification. During the 1974 session of the …


The Admissibility Of Prior-Crimes Evidence In Prosecutions For Child Abuse Mar 1974

The Admissibility Of Prior-Crimes Evidence In Prosecutions For Child Abuse

Washington and Lee Law Review

No abstract provided.


Some Themes In The Proposed Federal Rules Of Evidence, Paul F. Rothstein Jan 1974

Some Themes In The Proposed Federal Rules Of Evidence, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Although the Federal Rules of Evidence are under consideration by Congress, it is unlikely that many of their major themes will be reversed. The present article examines some of these themes as they appear in the Supreme Court-approved draft. The aim is merely to make more explicit the effects of the Rules and suggest some questions for study.


Criminal Law Notes: Fourth Amendment Developments And Their Impact Upon The Criminal Process In Indiana, F. Thomas Schornhorst Jan 1974

Criminal Law Notes: Fourth Amendment Developments And Their Impact Upon The Criminal Process In Indiana, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.


The Second Circuit Review: Ix. Evidence: Introduction, Paul F. Rothstein Jan 1973

The Second Circuit Review: Ix. Evidence: Introduction, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The past year's developments in the law of evidence have been characterized by a hardening attitude toward criminal defendants. The United States Supreme Court's evidentiary rulings during the term covered by the Second Circuit Review (1971-72) manifested this trend (although not uniformly). For example, police stop-and-frisk authority was broadened (and with it the use of evidence obtained therefrom); the scope of the immunity from criminal prosecution required to be granted by a governmental body before self-incriminatory statements can be compelled from a witness was narrowed; the right to have counsel at line-ups was limited to postindictment or post-charge line-ups (with …