Evidence Commons^™

The Use Of Coerced Confessions In State Courts, J. A. Spanogle

Vanderbilt Law Review

It is now well settled that involuntary confessions must be excluded from evidence in all criminal trials in state courts. It has been difficult, however, to distinguish a voluntary confession from an involuntary one, because the term "involuntary" is not well defined. This lack of definition, which creates great problems for state trial and appellate courts in attempting to apply the rule to individual cases, has, in turn, stemmed from a lack of understanding of the reasons for excluding involuntary confessions. The United States Supreme Court has handed down thirty-four coerced confession cases, holding confessions admissible in some factual situations …

Admissibility Of Fingerprint Evidence And Constitutional Objections To Fingerprinting Raised In Criminal And Civil Cases, Andre A. Moenssens

Chicago-Kent Law Review

No abstract provided.

Involuntary Confessions And New York Procedure

Washington and Lee Law Review

No abstract provided.

The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder

Michigan Law Review

The new Michigan procedural laws are embodied in a revised set of statutes and court rules which became effective January 1, 1963, after a long period of study by a Joint Committee on Michigan Procedural Revision. They abolish an anachronistic distinction between procedures in law and equity, abrogate a scattered, disorganized set of rules and statutes, and create a unified, coherent procedural system.

Admitting Lie-Detector Results By Stipulation

Washington and Lee Law Review

No abstract provided.

Disposition Of Physical Exhibits Used In Criminal Trials

Washington and Lee Law Review

No abstract provided.

Criminal Procedure - Dismissal - Eavesdropping By Sheriff On Consultations Between Criminal Defendant And His Attorney Requires Dismissal Of Charges Against Defendant, James L. Griffith

Villanova Law Review (1956 - )

No abstract provided.

Privileges In The Law Of Evidence: The Realities Of Attorney-Client Confidences, Robert Allen Sedler, Joseph J. Simeone

Law Faculty Research Publications

No abstract provided.

Criminal Procedure--Evidence--Wiretapping--Admissibility In State Courts, George W. Mills

Kentucky Law Journal

No abstract provided.

Recent Cases

University of Richmond Law Review

This article provides a list of the recent cases and their summaries for the year of 1963.

Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson

Cleveland State Law Review

One among many problems of national moment is the intoxicated motorist. Legislators have long fumbled for remedies to halt a wave of senseless killing and mutilation that has resulted from an unhappy combination of ethyl alcohol and mechanical power. Convictions in court have been too difficult to halt a wave of senseless killing and mutilation that has reconstructive and effective legal control. Jurors themselves, have often been hesitant to convict because the sum total of objective evidence produced has not convinced them that the subjects they were judging had actually been drunk or intoxicated.

Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson

Cleveland State Law Review

One among many problems of national moment is the intoxicated motorist. Legislators have long fumbled for remedies to halt a wave of senseless killing and mutilation that has resulted from an unhappy combination of ethyl alcohol and mechanical power. Convictions in court have been too difficult to halt a wave of senseless killing and mutilation that has reconstructive and effective legal control. Jurors themselves, have often been hesitant to convict because the sum total of objective evidence produced has not convinced them that the subjects they were judging had actually been drunk or intoxicated.

Abstracts Of Recent Cases, James Kilgore Edmundson Jr.

West Virginia Law Review

No abstract provided.

Criminal Procedure - Search And Seizure - Federal Court Injunction Against State Officer To Suppress Illegally Obtained Evidence In State Court, S. Anthony Benton

Michigan Law Review

Federal customs enforcement officers suspected plaintiff of theft from a waterfront pier. In the course of their investigation they searched plaintiff's home without a search warrant and detained plaintiff for questioning without first bringing him before a federal commissioner. Both acts violated the Federal Rules of Criminal Procedure. Defendant, a state officer, although not a participant in the search, was present during the illegal detention at the invitation of the federal officers. Plaintiff obtained an order in federal district court enjoining defendant from giving any testimony or producing any evidence in state criminal proceedings against him with respect to property …

Use Of Blood Tests As Evidence Of Intoxication In Virginia

Washington and Lee Law Review

No abstract provided.

Illegally Obtained Evidence, Norman B. Miller

Cleveland State Law Review

In this case the Supreme Court of the United States in a five to three decision revised its earlier thinking on the problem of evidence illegally obtained by State police officers in a State criminal case and held that evidence obtained through an illegal search and seizure is inadmissible in a state criminal trial even though the illegal means was used by other than Federal law enforcement officers. The author's original reaction to the decision was one of regret in that the court had decided this case when the precise issue on which it turned had been neither adequately argued …

Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.

Michigan Law Review

It is the purpose of this comment to examine three common-law proceedings in which rules of evidence are generally not governed by statute, to determine whether the liberalism expressed in administrative hearings has extended to non-statutory areas. Specifically, to what extent have the exclusionary rules of evidence, which rest on the theory of preventing the jury from being misled (the "jury theory"), been abandoned in disbarment, habeas corpus, and grand jury proceedings?

Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.

Michigan Law Review

It is the purpose of this comment to examine three common-law proceedings in which rules of evidence are generally not governed by statute, to determine whether the liberalism expressed in administrative hearings has extended to non-statutory areas. Specifically, to what extent have the exclusionary rules of evidence, which rest on the theory of preventing the jury from being misled (the "jury theory"), been abandoned in disbarment, habeas corpus, and grand jury proceedings?

Admissibility In Criminal Cases Of Evidence Of Other Sex Offenses

Washington and Lee Law Review

No abstract provided.

Suppression Of Evidence In Criminal Tax Proceedings, Jacob W. Mayer

Kentucky Law Journal

No abstract provided.

Compulsory Attendance Of Nonresident Witnesses, J. D. Mcd.

West Virginia Law Review

No abstract provided.

Evidence - Character Testimony - Impeachment Through Reference To Prior Specific Acts Of Defendant, Lawrence E. Blades S.Ed.

Michigan Law Review

Defendant, on trial for arson, presented a character witness who testified that defendant's reputation in the community was good. During cross-examination the prosecutor asked if the witness had heard that defendant had been arrested for or convicted of various specific crimes in other states. No objection was made by the defense, and the trial judge took no action. The witness answered no to each question, and subsequently a jury verdict of guilty was returned. On appeal, held, reversed and remanded, three judges dissenting. Failure of the trial judge, before allowing such cross-examination, to ascertain on his own motion and …

Attendance Of Out-Of-State Witnesses In Criminal Trials

Washington and Lee Law Review

No abstract provided.

Abstracts Of Recent Cases, L. S. D.

West Virginia Law Review

No abstract provided.

Should The Admissibility Of Dying Declarations In Evidence Be Limited To Homicide Cases, J. C. W. Jr.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, A. G. H.

West Virginia Law Review

No abstract provided.

Scientific Investigation And Defendants' Rights, B. J. George Jr.

Michigan Law Review

Advances in science, medicine and industry have made much of the world a more pleasant place in which to live. In general more men are living a physically more satisfying life in more comfortable surroundings than preceding generations. But with this has come a parallel increase in criminality to the point that the term "crime wave" is heard with increasing frequency. Many crimes are facilitated in their commission by adaption or application of new scientific discoveries by criminal elements. A natural consequence is that already overburdened police departments turn as quickly as is financially possible to new scientific techniques in …

Admissibility Of Results Of Compulsory Blood Tests To Determine Intoxication, G. W. H. Jr.

West Virginia Law Review

No abstract provided.

Discovery And Inspection In Federal Criminal Procedure, Lester B. Orfield

West Virginia Law Review

No abstract provided.

Evidence - Search And Seizure - Standing To Suppress Evidence Obtained By Unconstitutional Search And Seizure, Robert C. Casad S.Ed.

Michigan Law Review

The most radical departure of the new California doctrine from federal precedents, however, lies in the rejection of the requirement of "standing" which the federal courts have always imposed. In People v. Martin the California court announced its willingness to permit any criminal defendant to move for the exclusion of evidence obtained by unreasonable search and seizure -regardless of whether it was his premises that were searched or his property that was seized.

Rejection of the requirement of standing by this outstanding court calls for a re-evaluation of the requirement as it is imposed in every other jurisdiction that observes …