Evidence Commons^™

Evidence Myopia: The Failure To See The Federal Rules Of Evidence As A Codification Of The Common Law, Glen Weissenberger

William & Mary Law Review

No abstract provided.

Conflicts Of Interest In Scientific Expert Testimony, Mark R. Patterson

William & Mary Law Review

No abstract provided.

Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer

Faculty Publications

No abstract provided.

Psychiatric Evidence In Criminal Trials: To Junk Or Not To Junk?, Christopher Slobogin

William & Mary Law Review

No abstract provided.

Old Chief, Crowder, And Trials By Stipulation, David Robinson Jr.

William & Mary Bill of Rights Journal

In this Article, Professor Robinson argues that the meaning of "unfair prejudice" and the scope of trial judges' discretion in employing Rule 403 of the Federal Rules of Evidence is still uncertain following the Supreme Court's recent decision in United States v. Old Chief and its vacation and remand of United States v. Crowder and United States v. Davis. Robinson evaluates the evidentiary implications of the Supreme Court's recent decisions by discussing each case and analyzing the implications of the three cases read together.

Professor Robinson examines the possible effects of stipulations and admissions on the Rule 403 balancing test …

"My God!" Is This How A Feminist Analyzes Excited Utterances, Randolph N. Jonakait

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Evidence In A Difference Voice: Some Thoughts On Professor Jonakait's Critique Of A Feminist Approach, Aviva Orenstein

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Prior Bad Acts And Two Bad Rules: The Fundamental Unfairness Of Federal Rules Of Evidence 413 And 414, Jason L. Mccandless

William & Mary Bill of Rights Journal

This note presents a Due Process analysis of Federal Rules of Evidence 413 and 414. These rules, which took effect in July 1995, overturn the exclusionary requirements of Rule 404 exclusively in cases involving sexual assault and child molestation. The new rules allow similar crimes to serve as evidence for purposes other than those stated in Rule 404(b). Now, federal prosecutors may offer evidence of a defendant's prior uncharged sexual misconduct to demonstrate that the defendant committed the sex offense for which he currently is being charged. Rules 413 and 414 reevaluate the historic concern that evidence of prior acts …

Accomplices' Confessions And The Confrontation Clause, Welsh S. White

William & Mary Bill of Rights Journal

The admissibility of an accomplice's confession against a criminal defendant has long been a subject of concern in Anglo-American law. The Supreme Court has held that accomplices' confessions to the police are presumptively unreliable under the Confrontation Clause, without clearly expressing what facts would lend to the reliability of such statements. However, Professor White argues that in Williamson v. United States, the Court adopted an empirical framework that will make such confessions more likely to be admissible against an accused.

In this Article, Professor White first explores the traditional skepticism towards accomplices' confessions and explains the nature of the current …

Book Review Of Courtoom Handbook On Federal Evidence, James S. Heller

Library Staff Publications

No abstract provided.

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

Faculty Publications

No abstract provided.

Technology Comes To The Courtroom, And . . ., Fredric I. Lederer

Faculty Publications

No abstract provided.

Using Impartial Experts In Valuations: A Forum-Specific Approach, Andrew Macgregor Smith

William & Mary Law Review

No abstract provided.

Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr.

William & Mary Law Review

No abstract provided.

Book Review Of Litigation Services Directory, James S. Heller

Library Staff Publications

No abstract provided.

The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer

Faculty Publications

No abstract provided.

The Exclusion Of Evidence In The United States, Paul Marcus

Faculty Publications

No abstract provided.

Defending Miranda, Paul Marcus

Faculty Publications

No abstract provided.

Taking Evidence And Breaking Treaties: Aerospatiale And The Need For Common Sense, James G. Dwyer, Lois A. Yurow

Faculty Publications

No abstract provided.

Impeachment With An Unsworn Prior Inconsistent Statement As Subterfuge, Dan Johnson

William & Mary Law Review

No abstract provided.

Application Problems Arising From The Good Faith Exception To The Exclusionary Rule, Robert C. Gleason

William & Mary Law Review

No abstract provided.

Resolving The Frye Dilemma: A Reliability Approach, Fredric I. Lederer

Faculty Publications

No abstract provided.

The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus

Faculty Publications

No abstract provided.

Jurisprudence Or "Juriscience"?, Howard T. Markey

William & Mary Law Review

No abstract provided.

Scientific Evidence - An Introduction, Fredric I. Lederer

William & Mary Law Review

No abstract provided.

Judge Versus Jury: Who Should Decide Questions Of Preliminary Facts Conditioning The Admissibility Of Scientific Evidence?, Edward J. Imwinkelried

William & Mary Law Review

No abstract provided.

Applying Lawyers' Expertise To Scientific Experts: Some Thoughts About Trial Court Analysis Of The Prejudicial Effects Of Admitting And Excluding Expert Scientific Testimony, James M. Doyle

William & Mary Law Review

No abstract provided.

Capabilities Of Modern Forensic Laboratories, Irving C. Stone

William & Mary Law Review

No abstract provided.

Scientific Evidence And The Question Of Judicial Capacity, John W. Wesley

William & Mary Law Review

No abstract provided.

Seeing Can Be Deceiving: Photographic Evidence In A Visual Age - How Much Weight Does It Deserve?, Benjamin V. Madison Iii

William & Mary Law Review

No abstract provided.