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Articles 241 - 270 of 310
Full-Text Articles in Evidence
Substantial Assistance And Sentence Severity: Is There A Correlation Substantial Assistance, Ian Weinstein
Substantial Assistance And Sentence Severity: Is There A Correlation Substantial Assistance, Ian Weinstein
Faculty Scholarship
How much more severe are sentences imposed in districts with low substantial assistance rates than those in which the rate is very high? In the aggregate, not at all. At first blush this may puzzle readers because substantial assistance (SA) departures are very unevenly distributed across districts and SA accounts for nearly two-thirds of all downward departures, almost 7,900 of the 12,000 in fiscal 1996. Although this pattern could result in gross disparities among districts, my analysis of inter-district sentencing patterns reveals no statistically significant correlation between the rate of SA departures and the average length of sentences imposed in …
Conflicts Of Interest In Scientific Expert Testimony, Mark R. Patterson
Conflicts Of Interest In Scientific Expert Testimony, Mark R. Patterson
Faculty Scholarship
Conflicts of interest have significant implications for the reliability of scientific expert testimony. However, the courts' treatment of conflicts is not always in accord either with the treatment of conflicts in scientific practice or with the particular problems that scientists' conflicts present in court. In response, this Article proposes two basic changes in the treatment of scientific expert testimony. First, courts should strive to separate issues of bias from issues of scientific validity-the two sets of issues are now conflated at times. Second, courts should pay more attention to biases of scientists who perform the research underlying expert testimony, whereas …
The Personhood Argument Against Polygraph Evidence, Or "Even If The Polygraph Really Works, Will Courts Admit The Results?", James R. Mccall
The Personhood Argument Against Polygraph Evidence, Or "Even If The Polygraph Really Works, Will Courts Admit The Results?", James R. Mccall
Faculty Scholarship
No abstract provided.
Hearsay, Dead Or Alive?, Roger C. Park
Character At The Crossroads, Roger C. Park
Liability For Uncertainty: Making Evidential Damage Actionable, Alex Stein, Ariel Porat
Liability For Uncertainty: Making Evidential Damage Actionable, Alex Stein, Ariel Porat
Faculty Scholarship
No abstract provided.
Issues Once Moot: The Other Evidentiary Objections To The Admission Of Exculpatory Polygraph Examinations, James R. Mccall
Issues Once Moot: The Other Evidentiary Objections To The Admission Of Exculpatory Polygraph Examinations, James R. Mccall
Faculty Scholarship
No abstract provided.
Appellate Review Of Scientific Evidence Under Daubert And Joiner, David L. Faigman
Appellate Review Of Scientific Evidence Under Daubert And Joiner, David L. Faigman
Faculty Scholarship
No abstract provided.
Allocating The Burden Of Proof In Sales Litigation, Alex Stein
Allocating The Burden Of Proof In Sales Litigation, Alex Stein
Faculty Scholarship
No abstract provided.
Making The Law Safe For Science: A Proposed Rule For The Admission Of Expert Testimony, David L. Faigman
Making The Law Safe For Science: A Proposed Rule For The Admission Of Expert Testimony, David L. Faigman
Faculty Scholarship
No abstract provided.
Misconceptions And Reevaluation–Polygraph Admissibility After Rock And Daubert, James R. Mccall
Misconceptions And Reevaluation–Polygraph Admissibility After Rock And Daubert, James R. Mccall
Faculty Scholarship
No abstract provided.
Character Evidence Issues In The O.J. Simpson Case–Or, Rationales Of The Character Evidence Ban, With Illustrations From The Simpson Case, Roger C. Park
Faculty Scholarship
No abstract provided.
The Syndromic Lawyer Syndrome: A Psychological Theory Of Evidentiary Munificence, David L. Faigman
The Syndromic Lawyer Syndrome: A Psychological Theory Of Evidentiary Munificence, David L. Faigman
Faculty Scholarship
No abstract provided.
The Definition Of Hearsay: To Each Its Own, Roger C. Park
The Definition Of Hearsay: To Each Its Own, Roger C. Park
Faculty Scholarship
No abstract provided.
Linguistics And Legal Epistemology: Why The Law Pays Less Attention To Linguists Than It Should, Gary S. Lawson
Linguistics And Legal Epistemology: Why The Law Pays Less Attention To Linguists Than It Should, Gary S. Lawson
Faculty Scholarship
Law and linguistics ought to be natural partners. Modem statutory and constitutional interpretation increasingly focuses on the generally accepted public meaning of legal language. Even persons who do not believe (as I do) that some form of public understanding of the relevant text is the end all, if not quite the be-all, of such interpretation are likely to regard the public understanding of statutory language as at least one relevant factor in legal interpretation. And who better than linguists to inform the law about the true facts regarding public usage and understanding of legal language?
Proposed Evidence Rules 413 To 415 – Some Problems And Recommendations, James S. Liebman
Proposed Evidence Rules 413 To 415 – Some Problems And Recommendations, James S. Liebman
Faculty Scholarship
Section 320935 of the Violent Crime Control and Law Enforcement Act of 1994 proposes three new Federal Rules of Evidence-Rules 413-415 – that would liberalize the admissibility of "propensity evidence" in criminal and civil cases involving allegations of sexual assault and child molestation. This Article expresses some reservations about, and suggests some alternatives to, Proposed Rules 413-415.
The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park
The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park
Faculty Scholarship
No abstract provided.
Probability And Proof In State V. Skipper: An Internet Exchange, Roger C. Park, Ronald J. Allen
Probability And Proof In State V. Skipper: An Internet Exchange, Roger C. Park, Ronald J. Allen
Faculty Scholarship
No abstract provided.
Mapping The Labyrinth Of Scientific Evidence, David L. Faigman
Mapping The Labyrinth Of Scientific Evidence, David L. Faigman
Faculty Scholarship
No abstract provided.
"Other Crimes" Evidence In Sex Offense Cases, Roger C. Park, David P. Bryden
"Other Crimes" Evidence In Sex Offense Cases, Roger C. Park, David P. Bryden
Faculty Scholarship
No abstract provided.
Supreme Court Rules On Statements Against Interest, The , Michael M. Martin
Supreme Court Rules On Statements Against Interest, The , Michael M. Martin
Faculty Scholarship
Reliability has been defined as "worthy of dependence" or "of proven consistency in producing satisfactory results." It is a common concept as well as a quality for which individuals search in their everyday transactions, such as purchasing a car or selecting an express delivery service. It similarly shapes the rules of evidence pertaining to hearsay. Beth common law and modem evidentiary codes ban the admission of extrajudicial statements offered to prove the truth of a matter asserted because they are not made under oath, in the presence of the trier of fact, and subject to cross-examination. Without these safeguards, the …
Discovery In The Real World, Minna J. Kotkin
Discovery In The Real World, Minna J. Kotkin
Faculty Scholarship
No abstract provided.
Impeachment And Rehabilitation Under The Maryland Rules Of Evidence: An Attorney's Guide, Paul W. Grimm
Impeachment And Rehabilitation Under The Maryland Rules Of Evidence: An Attorney's Guide, Paul W. Grimm
Faculty Scholarship
No abstract provided.
Check Your Crystal Ball At The Courthouse Door, Please: Exploring The Past, Understanding The Present, And Worrying About The Future Of Scientific Evidence, David L. Faigman, Elise Porter, Michael J. Saks
Check Your Crystal Ball At The Courthouse Door, Please: Exploring The Past, Understanding The Present, And Worrying About The Future Of Scientific Evidence, David L. Faigman, Elise Porter, Michael J. Saks
Faculty Scholarship
No abstract provided.
Just The Facts, Ma'am: Lying And The Omission Of Exculpatory Evidence In Police Reports,, Stanley Z. Fisher
Just The Facts, Ma'am: Lying And The Omission Of Exculpatory Evidence In Police Reports,, Stanley Z. Fisher
Faculty Scholarship
George Jones's ordeal was the product of, and in turn sheds light upon, police practices of investigating crimes and writing reports. Written police reports of criminal incidents and arrests give details such as the time, place, and nature of criminal conduct; the names and addresses of victims and witnesses; physical characteristics of the perpetrator(s) or arrestee(s); weapons used; property taken, recovered, or seized from the arrestee; and injuries to persons and property. Through their reports, the police "have fundamental control over the construction of [the] 'facts' for a case, and all other actors (the prosecutor, the judge, the defense lawyer) …
Dna Evidence: Probability, Population Genetics, And The Courts, David H. Kaye
Dna Evidence: Probability, Population Genetics, And The Courts, David H. Kaye
Faculty Scholarship
To help meet the challenge of presenting properly performed DNA tests within the post-Daubert legal framework, this article outlines the statistical procedures that have been employed or proposed to provide judges and juries with quantitative measures of probative value, describes more fully how the courts have dealt with these procedures, and evaluates the opinions and the statistical analyses from the standpoint of the law of evidence.
Specifically, the article outlines the procedure used to declare whether two samples of DNA "match," and how shrinking the size of the "match window," as some defendants have urged, will decrease the risk of …
Asymmetric Information And The Selection Of Disputes For Litigation, Keith N. Hylton
Asymmetric Information And The Selection Of Disputes For Litigation, Keith N. Hylton
Faculty Scholarship
What explains the decision to litigate rather than settle a dispute? The standard theoretical approach to this question is a contract model that suggests that parties will litigate when the set of mutually beneficial settlement agreements-that is, the contract zone-is empty. The contract zone may be empty because the parties have divergent expectations of the trial outcome or because one party has more at stake than the other. The divergent-expectations explanation suggests that there are general respects in which litigated disputes differ from settled disputes and that one need not know the identities of litigants or the specific area of …
Uncharged Misconduct Evidence In Sex Crime Cases: Reassessing The Rule Of Exclusion, Roger C. Park, David P. Bryden
Uncharged Misconduct Evidence In Sex Crime Cases: Reassessing The Rule Of Exclusion, Roger C. Park, David P. Bryden
Faculty Scholarship
No abstract provided.
Proof In Law And Science, David H. Kaye
Proof In Law And Science, David H. Kaye
Faculty Scholarship
This article addresses proof in both science and law. Both disciplines utilize proof of facts and proof of theories, but for different purposes and, consequently, in different ways. Some similarities exist, however, in how both disciplines use a series of premises followed by a conclusion to form an argument, and thus constitute a logic. This article analyzes the ways in which legal logic and scientific logic differ. Finding facts in law involves the same logic but quite different procedures than scientific fact-finding. Finding, or rather constructing, the law is also very different from scientific theorizing. But such differences do not …
Truth In Evidence And The Privilege Clause–A Compromised Relationship, James R. Mccall
Truth In Evidence And The Privilege Clause–A Compromised Relationship, James R. Mccall
Faculty Scholarship
No abstract provided.