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Washington and Lee University School of Law

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Articles 31 - 60 of 164

Full-Text Articles in Evidence

Dna – Intimate Information Or Trash For Public Consumption?, Melanie D. Wilson Jul 2008

Dna – Intimate Information Or Trash For Public Consumption?, Melanie D. Wilson

Scholarly Articles

“Surreptitious sampling” may be police officers’ trump card in cracking otherwise unsolvable crimes as serious as murder, arson and rape. Law enforcement officers engage in surreptitious sampling when they covertly collect DNAsamples from unsuspecting people, who inadvertently leave behind hair, skin cells, saliva or other biological materials.Surreptitious sampling is a terrific crime-resolution tool. It allows diligent law enforcement officers to collect proof-positive evidence of guilt or innocence without the hassle of obtaining a warrant and absent probable cause or reasonable suspicion to believe that the contributor of the biological evidence committed a crime. Provided an officer has the energy and …


A Return To The Grand Jury To Promote A Zen Zeal In Prosecutors, Melanie D. Wilson Apr 2008

A Return To The Grand Jury To Promote A Zen Zeal In Prosecutors, Melanie D. Wilson

Scholarly Articles

DNA evidence has freed at least 209 convicted people. Sometimes DNA evidence exonerates a person. Other times, it does not. When it does not exonerate, a prosecutor must decide whether to persist in further prosecution of the defendant. I propose a fresh, but simple, solution for prosecutors who face such choices. To protect the interests of defendants and victims, and to assuage society’s need for fair and accurate outcomes, prosecutors should represent these cases to a grand jury. The grand jury is an easily convened neutral party that can dispassionately evaluate the evidence, old and new, and determine whether a …


Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible?, Michael P. Scharf Jan 2008

Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible?, Michael P. Scharf

Washington and Lee Law Review

This Article examines whether there should be exceptions to the international exclusionary rule for evidence obtained by torture, and if so, how those exceptions should be crafted to avoid abuse. Rather than explore the question in the hotly debated milieu of terrorist prosecutions, this Article analyzes and critiques three possible exceptions to the torture evidence exclusionary rule in the context of whether the newly established U.N. Cambodia Genocide Tribunal should admit evidence of the Khmer Rouge command structure that came from interrogation sessions at the infamous Tuol Sleng torture facility: (1) that the exclusionary rule should not apply to evidence …


The Preservation Obligation: Regulating And Sanctioning Pre-Litigation Spoliation In Federal Court, A. Benjamin Spencer Jan 2006

The Preservation Obligation: Regulating And Sanctioning Pre-Litigation Spoliation In Federal Court, A. Benjamin Spencer

Scholarly Articles

The issue of discovery misconduct, specifically as it pertains to the pre-litigation duty to preserve and sanctions for spoliation, has garnered much attention in the wake of decisions by two prominent jurists whose voices carry great weight in this area. In Pension Committee of University of Montreal Pension Plan v. Bank of America Securities, Judge Shira Scheindlin - of the Zubulake e-discovery cases - penned a scholarly and thorough opinion setting forth her views regarding the triggering of the duty to preserve potentially relevant information pending litigation and the standards for determining the appropriate sanctions for various breaches of that …


A Non-Romantic View Of Expert Testimony, Lewis H. Larue, David S. Caudill Jan 2004

A Non-Romantic View Of Expert Testimony, Lewis H. Larue, David S. Caudill

Scholarly Articles

The Daubert trilogy as a whole deflects attention away from abstract identifications of scientific validity (including the demarcation controversy aimed at rooting out allegedly junk science from the courtroom), and toward the application of expertise to the particular case at hand. That emphasis on application is reflected as well in post-trilogy scholarship, wherein we see three patterns or contours that both help quiet the debates and provide useful guidance to judges and lawyers. First, there is a pragmatic recognition, in various forms, that the focus should be on how science is being used rather than on science in the abstract. …


Post-Trilogy Science In The Courtroom, Part Ii: What Are The Judges Still Doing?, David S. Caudill, Lewis H. Larue Apr 2003

Post-Trilogy Science In The Courtroom, Part Ii: What Are The Judges Still Doing?, David S. Caudill, Lewis H. Larue

Scholarly Articles

Not available.


The Epistemology Of Prediction: Future Dangerousness Testimony And Intellectual Due Process, Erica Beecher-Monas Mar 2003

The Epistemology Of Prediction: Future Dangerousness Testimony And Intellectual Due Process, Erica Beecher-Monas

Washington and Lee Law Review

No abstract provided.


Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical -- And Not Just The Methodological Aspects Of Science, Lewis H. Larue, David S. Caudill Jan 2003

Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical -- And Not Just The Methodological Aspects Of Science, Lewis H. Larue, David S. Caudill

Scholarly Articles

In response to the claim that many judges are deficient in their understanding of scientific methodology, this Article identifies in recent cases (i) a pragmatic perspective on the part of federal appellate judges when they reverse trial judges who tend to idealize science (i.e., who do not appreciate the local and practical goals and limitations of science), and (ii) an educational model of judicial gatekeeping that results in reversal of trial judges who defer to the social authority of science (i.e., who mistake authority for reliability). Next, this Article observes that courts (in the cases it analyzes) are not interested …


Chambers V. Mississippi: The Hearsay Rule And Racial Evaluations Of Credibility, Andrew Elliot Carpenter Apr 2002

Chambers V. Mississippi: The Hearsay Rule And Racial Evaluations Of Credibility, Andrew Elliot Carpenter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Treating Physicians As Expert Witnesses In Compensation Systems: The Public Health Connection, Brian C. Murchison Jan 2002

Treating Physicians As Expert Witnesses In Compensation Systems: The Public Health Connection, Brian C. Murchison

Scholarly Articles

Not available.


Cowboy Prosecutors And Subpoenas For Incriminating Evidence: The Consequences And Correction Of Excess, Robert P. Mosteller Mar 2001

Cowboy Prosecutors And Subpoenas For Incriminating Evidence: The Consequences And Correction Of Excess, Robert P. Mosteller

Washington and Lee Law Review

No abstract provided.


Post-Trilogy Science In The Courtroom: What Are The Judges Doing?, Lewis H. Larue, David S. Caudill Jan 2001

Post-Trilogy Science In The Courtroom: What Are The Judges Doing?, Lewis H. Larue, David S. Caudill

Scholarly Articles

Not available.


The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman Jun 2000

The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman

Washington and Lee Law Review

No abstract provided.


Defining The."Task At Hand": Non-Science Forensic Science After Kumho Tire Co. V. Carmichael, D. Michael Risinger Jun 2000

Defining The."Task At Hand": Non-Science Forensic Science After Kumho Tire Co. V. Carmichael, D. Michael Risinger

Washington and Lee Law Review

No abstract provided.


Junk Philosophy Of Science?: The Paradox Of Expertise And Interdisciplinarity In Federal Courts, David S. Caudill, Richard E. Redding Jun 2000

Junk Philosophy Of Science?: The Paradox Of Expertise And Interdisciplinarity In Federal Courts, David S. Caudill, Richard E. Redding

Washington and Lee Law Review

No abstract provided.


The Implications Of Daubert For Economic Evidence In Antitrust Cases, Roger D. Blair, Jill Boylston Herndon Jun 2000

The Implications Of Daubert For Economic Evidence In Antitrust Cases, Roger D. Blair, Jill Boylston Herndon

Washington and Lee Law Review

No abstract provided.


Defining Reliable Forensic Economics In The Post-Daubert/Kumho Tire Era: Case Studies From Antitrust, Andrew I. Gavil Jun 2000

Defining Reliable Forensic Economics In The Post-Daubert/Kumho Tire Era: Case Studies From Antitrust, Andrew I. Gavil

Washington and Lee Law Review

No abstract provided.


Banishing Ipse Dixit: The Impact Of Kumho Tire On Forensic Identification Science, Michael J. Saks Jun 2000

Banishing Ipse Dixit: The Impact Of Kumho Tire On Forensic Identification Science, Michael J. Saks

Washington and Lee Law Review

No abstract provided.


Violence Risk Assessment: Scientific Validity And Evidentiary Admissibility, John Monahan Jun 2000

Violence Risk Assessment: Scientific Validity And Evidentiary Admissibility, John Monahan

Washington and Lee Law Review

No abstract provided.


Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin Jun 2000

Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin

Washington and Lee Law Review

No abstract provided.


Toward A Level Playing Field: Challenges To Accomplice Testimony In The Wake Of United States V. Singleton, James W. Haldin Mar 2000

Toward A Level Playing Field: Challenges To Accomplice Testimony In The Wake Of United States V. Singleton, James W. Haldin

Washington and Lee Law Review

No abstract provided.


Allocating Discovery Costs In The Computer Age: Deciding Who Should Bear The Costs Of Discovery Of Electronically Stored Data, Corinne L. Giacobbe Jan 2000

Allocating Discovery Costs In The Computer Age: Deciding Who Should Bear The Costs Of Discovery Of Electronically Stored Data, Corinne L. Giacobbe

Washington and Lee Law Review

No abstract provided.


Posado And The Polygraph: The Truth Behind Post-Daubert Deception Detection, Jeffrey Philip Ouellet Mar 1997

Posado And The Polygraph: The Truth Behind Post-Daubert Deception Detection, Jeffrey Philip Ouellet

Washington and Lee Law Review

No abstract provided.


Should "Clean Hands" Protect The Government Against § 2515 Suppression Under Title Iii Of The Omnibus Crime Control And Safe Streets Act Of 1968?, Francis Marion Hamilton, Iii Sep 1996

Should "Clean Hands" Protect The Government Against § 2515 Suppression Under Title Iii Of The Omnibus Crime Control And Safe Streets Act Of 1968?, Francis Marion Hamilton, Iii

Washington and Lee Law Review

No abstract provided.


The Four Greatest Myths About Summary Judgment, James Joseph Duane Jan 1996

The Four Greatest Myths About Summary Judgment, James Joseph Duane

Washington and Lee Law Review

No abstract provided.


Stories Versus Theories At The Cardozo Evidence Conference: It's Just Another Metaphor To Me, Lewis H. Larue Aug 1992

Stories Versus Theories At The Cardozo Evidence Conference: It's Just Another Metaphor To Me, Lewis H. Larue

Scholarly Articles

Not available.


Primer For The Nonmathematically Inclined On Mathematical Evidence In Criminal Cases: People V. Collins And Beyond, David Mccord Sep 1990

Primer For The Nonmathematically Inclined On Mathematical Evidence In Criminal Cases: People V. Collins And Beyond, David Mccord

Washington and Lee Law Review

No abstract provided.


Iii. Evidence Mar 1990

Iii. Evidence

Washington and Lee Law Review

No abstract provided.


A Question Of Necessity: The Conflict Between A Defendant's Right Of Confrontation And A State's Use Of Closed Circuit Television In Child Sexual Abuse Cases Sep 1989

A Question Of Necessity: The Conflict Between A Defendant's Right Of Confrontation And A State's Use Of Closed Circuit Television In Child Sexual Abuse Cases

Washington and Lee Law Review

No abstract provided.


Campbell V. Greer: Impeaching Witnesses With Prior Conviction Evidence In A Civil Trial Jan 1989

Campbell V. Greer: Impeaching Witnesses With Prior Conviction Evidence In A Civil Trial

Washington and Lee Law Review

No abstract provided.