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Articles 151 - 180 of 196
Full-Text Articles in Evidence
Procedure For Admitting And Excluding Evidence, Paul C. Giannelli
Procedure For Admitting And Excluding Evidence, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Best Evidence Principle, Dale A. Nance
The Best Evidence Principle, Dale A. Nance
Faculty Publications
This Article challenges the premises underlying the reasoning in decisions like Gonzales-Benitez. The point is not that the appellants in that case should have prevailed, but simply that the court's treatment of their argument was inadequate. The court should have considered whether the trial court had and abused a discretion to deny admission of the testimony pursuant to a general best evidence principle. At the very least, the court should have justified its implicit assumption that the phrase ‘best evidence’ could only refer, in the context of this case, to the original document rule.
Taking Evidence And Breaking Treaties: Aerospatiale And The Need For Common Sense, James G. Dwyer, Lois A. Yurow
Taking Evidence And Breaking Treaties: Aerospatiale And The Need For Common Sense, James G. Dwyer, Lois A. Yurow
Faculty Publications
No abstract provided.
Eyewitness Identifications And Expert Testimony, Paul C. Giannelli
Eyewitness Identifications And Expert Testimony, Paul C. Giannelli
Faculty Publications
No abstract provided.
“Syndrome” Evidence, Paul C. Giannelli
Resolving The Frye Dilemma: A Reliability Approach, Fredric I. Lederer
Resolving The Frye Dilemma: A Reliability Approach, Fredric I. Lederer
Faculty Publications
No abstract provided.
Bite Mark Evidence, Paul C. Giannelli
Polygraph And Deception Tests: Part Ii, Paul C. Giannelli
Polygraph And Deception Tests: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Expert Testimony, Paul C. Giannelli
Polygraph And Deception Tests, Paul C. Giannelli
Polygraph And Deception Tests, Paul C. Giannelli
Faculty Publications
No abstract provided.
Firearms And Toolmark Evidence, Paul C. Giannelli
Firearms And Toolmark Evidence, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus
The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus
Faculty Publications
No abstract provided.
“Other Acts” Evidence, Paul C. Giannelli
Admissibility Of Laboratory Reports, Paul C. Giannelli
Admissibility Of Laboratory Reports, Paul C. Giannelli
Faculty Publications
No abstract provided.
Hypnotic Evidence, Paul C. Giannelli
Chain Of Custody And Identification Of Real Evidence, Paul C. Giannelli
Chain Of Custody And Identification Of Real Evidence, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander
The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander
Faculty Publications
The hearsay exception for "public records" was recognized at common law and has been further developed in most jurisdictions by statute. The reliability of public records is said to derive from the presumption of regularity and accuracy that attends the recording of events by public officials. As with the hearsay exception for recordsmade in the regular course of a private business, the reliability of many public records is enhanced by the routine and repetitive circumstancesunder which such records are made. An additional justificationfor the admission of public records is public convenience: If government employees are continually required to testify in …
The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan
The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan
Faculty Publications
Although pretrial litigation often seems to render trial on the merits something of an anti-climax, adversarial adjudication is of course the focus of the criminal justice system, military or civilian. Once trial on the merits has begun, trial and defense counsel naturally utilize the rules of evidence in the fashion most likely to make the most of the evidence available to them. Yet, as all lawyers are aware, the period since the enactment of the Uniform Code of Military Justice has brought sweeping changes not only in military criminal law, but also in the "constitutionalization" of the law of evidence. …
Constitutional Limitations On Obtaining Evidence For Scientific Analysis, Paul C. Giannelli
Constitutional Limitations On Obtaining Evidence For Scientific Analysis, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Ohio Rules Of Evidence: Part Iii, Paul C. Giannelli
The Ohio Rules Of Evidence: Part Iii, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Ohio Rules Of Evidence: Part V, Paul C. Giannelli
The Ohio Rules Of Evidence: Part V, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Ohio Rules Of Evidence: Part Iv, Paul C. Giannelli
The Ohio Rules Of Evidence: Part Iv, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Ohio Rules Of Evidence: Part Ii, Paul C. Giannelli
The Ohio Rules Of Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Scientific Evidence - Part Ii, Paul C. Giannelli
Scientific Evidence - Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Scientific Evidence - Part I, Paul C. Giannelli
Scientific Evidence - Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Ohio Rules Of Evidence: Part I, Paul C. Giannelli
The Ohio Rules Of Evidence: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces
Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces
Faculty Publications
No abstract provided.
Character Evidence, Paul C. Giannelli
State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander
State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander
Faculty Publications
During the early 1970's, a medical malpractice crisis was perceived in the United States. An increasing number of costly and time-consuming lawsuits alleging medical malpractice against doctors, hospitals, and other health care providers caused malpractice insurers to raise premiums substantially, which in turn threatened to curtail the availability of adequate health care at reasonable cost. State legislatures responded to the crisis with a variety of substantive and procedural measures intended to reduce the number of litigated claims and the size of jury awards. One of the principal steps taken in a majority of states was the creation of extrajudicial panels …
Co-Conspirator Declarations: The Federal Rules Of Evidence And Other Recent Developments, From A Criminal Law Perspective, Paul Marcus
Faculty Publications
Perhaps the most important advantage available to a prosecutor in a criminal conspiracy case is the exception to the hearsay rule for co-conspirator declarations. The exception is widely used and is often a significant part of the government presentation. In essence, it provides that otherwise inadmissible hearsay declarations of coconspirators are admissible at trial against the defendant so long as they were made during the course and in furtherance of the conspiracy. The exception typically arises when an alleged co-conspirator declarant tells the witness (often an undercover police officer) all about the conspiracy, perhaps in the hope of attracting a …