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Articles 631 - 660 of 946

Full-Text Articles in Evidence

The Clipper Chip Proposal: Deciphering The Unfounded Fears That Are Wrongfully Derailing Its Implementation, 29 J. Marshall L. Rev. 475 (1996), Howard S. Dakoff Jan 1996

The Clipper Chip Proposal: Deciphering The Unfounded Fears That Are Wrongfully Derailing Its Implementation, 29 J. Marshall L. Rev. 475 (1996), Howard S. Dakoff

UIC Law Review

No abstract provided.


When The Constable Blunders: A Comparison Of The Law Of Police Interrogation In Canada And The United States, Robert Harvie, Hamar Foster Jan 1996

When The Constable Blunders: A Comparison Of The Law Of Police Interrogation In Canada And The United States, Robert Harvie, Hamar Foster

Seattle University Law Review

This Article explores the Supreme Court of Canada's use of the Charter of Rights and Freedoms in limiting police interrogations and compares its case decisions with cases from the Supreme Court of the United States. Part II of this Article examines the purposes and policies underlying sections 10(b), 7, and 24(2) of the Charter. Part III then examines the application of sections 10(b) and 7 in situations where (1) suspects are interrogated by uniformed police officers or other persons known to be in authority, and (2) suspects are interrogated surreptitiously by persons not known to be in authority. In both …


Branding The Sexual Predator: Constitutional Ramifications Of Federal Rules Of Evidence 413 Through 415, Margaret C. Livnah Jan 1996

Branding The Sexual Predator: Constitutional Ramifications Of Federal Rules Of Evidence 413 Through 415, Margaret C. Livnah

Cleveland State Law Review

This Note seeks to address both the potential constitutional consequences of the newly passed Federal Rules of Evidence 413 and 414 and the problems that these revisions were designed to remedy. Section II will introduce the history of the passage of these controversial revisions as primarily a political process and one which bypassed the standard rules of practice. Section III will address the procedural violations and the troubling inconsistency of the new rules with the federal courts' interpretation of the other Federal Rules of Evidence. Section IV of this Note will address the substantive constitutional issues presented by these amendments, …


Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus Jan 1996

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Faculty Publications

No abstract provided.


Admissibility Of Investigatory Reports In § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz Jan 1996

Admissibility Of Investigatory Reports In § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz

Scholarly Works

No abstract provided.


Defending Duii Charges, Oregon Law Institute, Clarence E. Lankins, William Uhle, Robert G. Thuemmel, John Henry Hingson Iii, Erin K. Olson, Michael H. Marcus, John Powers, Nancy L. Macklin, Douglas A. Brown, Edward Jones, Frederick Lenzser Oct 1995

Defending Duii Charges, Oregon Law Institute, Clarence E. Lankins, William Uhle, Robert G. Thuemmel, John Henry Hingson Iii, Erin K. Olson, Michael H. Marcus, John Powers, Nancy L. Macklin, Douglas A. Brown, Edward Jones, Frederick Lenzser

Oregon Law Institute, 1995

Course Materials from the October 6, 1995 Program in Portland


The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil Jan 1995

The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil

LLM Theses and Essays

Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …


Prior Statements Of A Witness: A Nettlesome Corner Of The Hearsay Thicket, Richard D. Friedman Jan 1995

Prior Statements Of A Witness: A Nettlesome Corner Of The Hearsay Thicket, Richard D. Friedman

Articles

In Tome v United States, for the fifth time in eight years, the Supreme Court decided a case presenting the problem of how a child's allegations of sexual abuse should be presented in court. Often the child who charges that an adult abused her is unable to testify at trial, or at least unable to testify effectively under standard procedures. These cases therefore raise intriguing and difficult questions related to the rule against hearsay and to an accused's right under the Sixth Amendment to confront the witnesses against him. One would hardly guess that, however, from the rather arid debate …


The Plain Feel Doctrine In Washington: An Opportunity To Provide Greater Protections Of Privacy To Citizens Of This State, Laura T. Bradley Jan 1995

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 …


Cart V. Marcum: The Discovery Rule As An Exception To The Statute Of Limitations In West Virginia, James R. Leach Jun 1994

Cart V. Marcum: The Discovery Rule As An Exception To The Statute Of Limitations In West Virginia, James R. Leach

West Virginia Law Review

No abstract provided.


Indiana Rules Of Evidence, Ivan E. Bodensteiner Jan 1994

Indiana Rules Of Evidence, Ivan E. Bodensteiner

Law Faculty Publications

No abstract provided.


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.


The Title Vii Pretext Question: Resolved In Light Of St. Mary's Honor Center V. Hicks, Robert J. Smith Jan 1994

The Title Vii Pretext Question: Resolved In Light Of St. Mary's Honor Center V. Hicks, Robert J. Smith

Indiana Law Journal

No abstract provided.


Right To Counsel: People V. West Jan 1994

Right To Counsel: People V. West

Touro Law Review

No abstract provided.


The Consent Exception To The Warrant Requirement, H. Patrick Furman Jan 1994

The Consent Exception To The Warrant Requirement, H. Patrick Furman

Publications

No abstract provided.


Evidence: Indiana Moves Toward Adoption Of The Federal Rules, Ivan E. Bodensteiner Jan 1993

Evidence: Indiana Moves Toward Adoption Of The Federal Rules, Ivan E. Bodensteiner

Law Faculty Publications

No abstract provided.


Constitutional Law—Child Hearsay Exception In Sexual Abuse Cases—New Arkansas Supreme Court Rule Conflicts With New General Assembly Rule: Which Controls? Vann V. State., Gregory Clay Sandefur Oct 1992

Constitutional Law—Child Hearsay Exception In Sexual Abuse Cases—New Arkansas Supreme Court Rule Conflicts With New General Assembly Rule: Which Controls? Vann V. State., Gregory Clay Sandefur

University of Arkansas at Little Rock Law Review

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.


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.


The Aftermath Of The Iran-Contra Trials: The Uncertain Status Of Derivative Use Immunity, Jerome A. Murphy Jan 1992

The Aftermath Of The Iran-Contra Trials: The Uncertain Status Of Derivative Use Immunity, Jerome A. Murphy

Maryland Law Review

No abstract provided.


Refocusing The New Evidence Scholarship, Terence J. Anderson Nov 1991

Refocusing The New Evidence Scholarship, Terence J. Anderson

Cardozo Law Review

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.


Maryland V. Craig: Ignoring The Letter And Purpose Of The Confrontation Clause, Anthony S. Parise May 1991

Maryland V. Craig: Ignoring The Letter And Purpose Of The Confrontation Clause, Anthony S. Parise

BYU Law Review

No abstract provided.


Drug Testing And Welfare: Taking The Drug War To Unconstitutional Limits?, Philippa M. Guthrie Apr 1991

Drug Testing And Welfare: Taking The Drug War To Unconstitutional Limits?, Philippa M. Guthrie

Indiana Law Journal

No abstract provided.


Fourth, Fifth, And Sixth Amendments, William E. Hellerstein Jan 1991

Fourth, Fifth, And Sixth Amendments, William E. Hellerstein

Touro Law Review

No abstract provided.


Videotaped Reenactments In Civil Trials: Protecting Probative Evidence From The Trial Judge's Unbridled Discretion, 24 J. Marshall L. Rev. 433 (1991), Elizabeth A. Savage Jan 1991

Videotaped Reenactments In Civil Trials: Protecting Probative Evidence From The Trial Judge's Unbridled Discretion, 24 J. Marshall L. Rev. 433 (1991), Elizabeth A. Savage

UIC Law Review

No abstract provided.


Jurisdiction Of The County Court Jan 1991

Jurisdiction Of The County Court

Touro Law Review

No abstract provided.


The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman Jan 1991

The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman

Publications

No abstract provided.


The Exclusionary Rule And Confession Evidence: Some Perspectives On Evolving Practices And Policies In The United States And England And Wales, Mark Berger Jan 1991

The Exclusionary Rule And Confession Evidence: Some Perspectives On Evolving Practices And Policies In The United States And England And Wales, Mark Berger

Faculty Works

No abstract provided.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.