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Articles 1 - 4 of 4
Full-Text Articles in Evidence
A Model For Fixing Identification Evidence After Perry V. New Hampshire, Robert Couch
A Model For Fixing Identification Evidence After Perry V. New Hampshire, Robert Couch
Michigan Law Review
Mistaken eyewitness identifications are the leading cause of wrongful convictions. In 1977, a time when the problems with eyewitness identifications had been acknowledged but were not yet completely understood, the Supreme Court announced a test designed to exclude unreliable eyewitness evidence. This standard has proven inadequate to protect against mistaken identifications. Despite voluminous scientific studies on the failings of eyewitness identification evidence and the growing number of DNA exonerations, the Supreme Court's outdated reliability test remains in place today. In 2012, in Perry v. New Hampshire, the Supreme Court commented on its standard for evaluating eyewitness evidence for the first …
The Admissibility Of Hypnotically Enhanced Testimony In Criminal Trials, Gary Shaw
The Admissibility Of Hypnotically Enhanced Testimony In Criminal Trials, Gary Shaw
Gary M. Shaw
No abstract provided.
People V. Rojas: The Expanding Concept Of Unavailability, Brian Wade Uhl
People V. Rojas: The Expanding Concept Of Unavailability, Brian Wade Uhl
Pepperdine Law Review
No abstract provided.
Narrative, Truth, And Trial, Lisa Kern Griffin
Narrative, Truth, And Trial, Lisa Kern Griffin
Faculty Scholarship
This Article critically evaluates the relationship between constructing narratives and achieving factual accuracy at trials. The story model of adjudication— according to which jurors process testimony by organizing it into competing narratives—has gained wide acceptance in the descriptive work of social scientists and currency in the courtroom, but it has received little close attention from legal theorists. The Article begins with a discussion of the meaning of narrative and its function at trial. It argues that the story model is incomplete, and that “legal truth” emerges from a hybrid of narrative and other means of inquiry. As a result, trials …