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1983

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Institution
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Articles 31 - 60 of 67

Full-Text Articles in Evidence

Government Compensation For The Costs Of Producting Subpoenaed Documents: A Proposal For Legislative Reform, Norman Gross Apr 1983

Government Compensation For The Costs Of Producting Subpoenaed Documents: A Proposal For Legislative Reform, Norman Gross

University of Michigan Journal of Law Reform

Current statutory and case law provide for the compensation of select categories of persons and entities that provide evidence to the federal government. This compensation scheme is inequitable insofar as it treats similarly situated persons and entities dissimilarly. This Note advocates the adoption of a blanket statutory provision to compensate all third party custodians for incurred costs in producing documents in compliance with a subpoena duces tecum issued on behalf of a federal authority. Part I describes the current federal reimbursement scheme. Part II examines the inequities that the current statutory scheme imposes upon similarly situated entities and argues for …


The Fourth Amendment As A Device For Protecting The Innocent, Arnold H. Loewy Apr 1983

The Fourth Amendment As A Device For Protecting The Innocent, Arnold H. Loewy

Michigan Law Review

Part I of this Article establishes that the government has a right to search for and seize evidence of crime. Part II develops the corollary proposition that the fourth amendment does not protect the right to secrete evidence of crime. Part III explores the impact of the reasonable expectation of privacy concept on the innocent. Part IV evaluates consent searches and their effect on the innocent. Finally, Part V considers the exclusionary rule as a device for protecting the innocent.


Good Faith, The Exclusionary Remedy, And Rule-Oriented Adjudication In The Criminal Process, Gerald G. Ashdown Apr 1983

Good Faith, The Exclusionary Remedy, And Rule-Oriented Adjudication In The Criminal Process, Gerald G. Ashdown

William & Mary Law Review

No abstract provided.


Forgotten Points In The "Exclusionary Rule" Debate, James Boyd White Apr 1983

Forgotten Points In The "Exclusionary Rule" Debate, James Boyd White

Michigan Law Review

Most contemporary discussions of the "exclusionary rule" assume or assert that this "rule" is not part of the fourth amendment, nor required by its terms, but is rather a judicial "remedy" that was fashioned to protect those rights (against unreasonable search and seizure) that actually are granted by the fourth amendment. The protection is said to work by "deterring" official violations; this is, however, an odd use of the word, for the rule does not punish violations but merely deprives the government of some of the benefits that might ensue from them, namely the use in the criminal case of …


Evidence: Making The Record, Margaret G. Stewart Mar 1983

Evidence: Making The Record, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.


Legal Psychology: Eyewitness Testimony--Jury Behavior, Michigan Law Review Mar 1983

Legal Psychology: Eyewitness Testimony--Jury Behavior, Michigan Law Review

Michigan Law Review

A Review of Legal Psychology: Eyewitness Testimony--Jury Behavior by L. Craig Parker


Watching The Judiciary Watch The Police, Jon O. Newman Mar 1983

Watching The Judiciary Watch The Police, Jon O. Newman

Michigan Law Review

A Review of Police Practices and the Law: Essays from the Michigan Law ReviewThe University of Michigan Press


Viii. Evidence Mar 1983

Viii. Evidence

Washington and Lee Law Review

No abstract provided.


The Quantum Of Evidence Required To Extradite From The United States, Robert J. Rosoff Jan 1983

The Quantum Of Evidence Required To Extradite From The United States, Robert J. Rosoff

Michigan Journal of International Law

This article argues that it is appropriate to require that requesting countries meet the uniform federal bindover standard to obtain extradition from the United States, rather than a more stringent state standard. The federal bindover standard of probable cause accomplishes the purpose of United States extradition procedure better than any other evidentiary standard. It affords an alleged fugitive more protection from unjustified extradition than is available in most countries. Furthermore, the reasons advanced by advocates of a more stringent bindover standard in the domestic criminal setting do not apply to extradition hearings.


Hypnotic Evidence, Paul C. Giannelli Jan 1983

Hypnotic Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Pitfalls Of Will Contest Litigation, 16 J. Marshall L. Rev. 499 (1983), Peter I. Mason, Mark W. Weisbard Jan 1983

The Pitfalls Of Will Contest Litigation, 16 J. Marshall L. Rev. 499 (1983), Peter I. Mason, Mark W. Weisbard

UIC Law Review

No abstract provided.


A Proposal For Discovery Depositions For Criminal Cases In Illinois, 16 J. Marshall L. Rev. 547 (1983), James J. Graney Jan 1983

A Proposal For Discovery Depositions For Criminal Cases In Illinois, 16 J. Marshall L. Rev. 547 (1983), James J. Graney

UIC Law Review

No abstract provided.


People V. Eichelberger: Police-Created Probable Cause As An Exigent Circumstance, 16 J. Marshall L. Rev. 457 (1983), Leslie B. Wulfsohn Jan 1983

People V. Eichelberger: Police-Created Probable Cause As An Exigent Circumstance, 16 J. Marshall L. Rev. 457 (1983), Leslie B. Wulfsohn

UIC Law Review

No abstract provided.


Memory Restored Or Confabulated By Hypnosis—Is It Competent?, James E. Beaver Jan 1983

Memory Restored Or Confabulated By Hypnosis—Is It Competent?, James E. Beaver

Seattle University Law Review

This article examines the scientific basis of hypnosis and concludes that previously hypnotized witnesses are incompetent to testify concerning matters discussed under hypnosis. Unbiased examination of scientific literature discloses that persons under hypnosis are highly motivated to please the hypnotist and therefore are likely to fantasize rather than accurately recall lost memories. After hypnosis these false impressions are fixed as true and the witness is unshakable on cross-examination. Therefore, the McCormick relevancy test is inadequate, and hypnosis tainted testimony, like other scientific evidence, must meet the stricter Frye standard before being presented to the finder of fact. Hypnosis presently does …


The Standard For Admitting Scientific Evidence: A Critique From The Perspective Of Juror Psychology, Edward J. Imwinkelried Jan 1983

The Standard For Admitting Scientific Evidence: A Critique From The Perspective Of Juror Psychology, Edward J. Imwinkelried

Villanova Law Review (1956 - )

No abstract provided.


Evidence - Privilege Against Adverse Spousal Testimony - A Testifying Spouse May Invoke The Privilege Against Adverse Spousal Testimony In A Grand Jury Proceeding Even Though The Government Has Promised That The Nontestifying Spouse Will Not Be Indicted By That Particular Grand Jury If The Nontestifying Spouse Is A Target Of The Underlying Investigation, Gary S. Lewis Jan 1983

Evidence - Privilege Against Adverse Spousal Testimony - A Testifying Spouse May Invoke The Privilege Against Adverse Spousal Testimony In A Grand Jury Proceeding Even Though The Government Has Promised That The Nontestifying Spouse Will Not Be Indicted By That Particular Grand Jury If The Nontestifying Spouse Is A Target Of The Underlying Investigation, Gary S. Lewis

Villanova Law Review (1956 - )

No abstract provided.


Evidence - Independent Auditor's Tax Accrual Workpapers Shielded From Irs Summons Power By Accountant Work-Product Privilege, Jeffrey Markowitz Jan 1983

Evidence - Independent Auditor's Tax Accrual Workpapers Shielded From Irs Summons Power By Accountant Work-Product Privilege, Jeffrey Markowitz

Villanova Law Review (1956 - )

No abstract provided.


Confessions, Yale Kamisar Jan 1983

Confessions, Yale Kamisar

Book Chapters

The entry for 'Confessions' in the Encyclopedia of Crime and Justice, 1983


International Cooperation In Penal Matters: The "Lockheed Agreements", Bruno A. Ristau Jan 1983

International Cooperation In Penal Matters: The "Lockheed Agreements", Bruno A. Ristau

Michigan Journal of International Law

In February 1976, officials of the Lockheed Aircraft Corporation testified before a Senate committee that their company had paid $12.6 million in bribes, commissions and fees to Japanese businessmen and government officials to promote sales of Lockheed planes. News of these bribes rocked Japan's political establishment and governmental institutions. The Japanese Diet (parliament) passed a resolution urging that the United States government disclose to the Diet the names of the Japanese officials involved in these bribes. Prime Minister Takeo Mild sent a personal letter to President Ford requesting that the United States make available all information in its possession bearing …


Witness Explanations During Cross-Examination: A Rule Of Evidence Examined, Jeffrey A. Boyll Jan 1983

Witness Explanations During Cross-Examination: A Rule Of Evidence Examined, Jeffrey A. Boyll

Indiana Law Journal

No abstract provided.


International Exchange Of Information In Criminal Cases, Michael E. Tigar, Austin J. Doyle Jr. Jan 1983

International Exchange Of Information In Criminal Cases, Michael E. Tigar, Austin J. Doyle Jr.

Michigan Journal of International Law

This article describes some of the means by which police and prosecutors obtain information in international criminal matters. An exhaustive catalog is not presented; rather, examples of international cooperation and conflict are dwelled upon to illustrate the need for systematic development of international law principles governing the interpretation and application of treaties, and the enforcement in both the demanding and the rendering state of rules concerning information exchange. These rules and principles should honor expectations of privacy and confidentiality, make dear the obligations of foreign persons and entities, including financial institutions, and ensure mutual respect for the sovereign interests of …


Statistical Significance And The Burden Of Persuasion, David H. Kaye Jan 1983

Statistical Significance And The Burden Of Persuasion, David H. Kaye

Faculty Scholarship

In most endeavors concerned with the acquisition of knowledge, quantitative information is welcomed. In law, however, it appears sometimes that scientific or numerical evidence makes cases harder, not easier. Nevertheless, there are many cases and administrative proceedings, in such areas as environmental law, food and drug regulation, and civil rights, in which statistical data obtained by observation or experiment are readily accepted as assisting in the proper resolution of disputed issues of fact. When courts or administrators confront scientific and statistical evidence in these proceedings, they are not always certain of how to weigh the evidence or whether they should …


The Problem Of The Missing Witness: Toward An Educator-Facilitator Role For Labor Arbitrators, Lewis Kurlantzick Jan 1983

The Problem Of The Missing Witness: Toward An Educator-Facilitator Role For Labor Arbitrators, Lewis Kurlantzick

Faculty Articles and Papers

No abstract provided.


Kentucky Law Survey: Evidence, Richard H. Underwood Jan 1983

Kentucky Law Survey: Evidence, Richard H. Underwood

Law Faculty Scholarly Articles

Kentucky courts faced a number of significant issues in evidence law during the Survey period. Several decisions dealt with character evidence and problems arising from the admission of evidence of prior criminal acts of the accused, either as substantive evidence or for impeachment. This Survey will highlight these cases and to a lesser degree discuss cases on hearsay admissions, opinion, the Kentucky Dead Man Statute and privilege, which also were decided during the Survey period.


Statistics In The Potential Problems In The Presentation Of Statistical Evidence Jan 1983

Statistics In The Potential Problems In The Presentation Of Statistical Evidence

Washington and Lee Law Review

No abstract provided.


The Availability Of The Attorney-Client And Work-Product Privileges In Shareholder Litigation, Donald B. Lewis Jan 1983

The Availability Of The Attorney-Client And Work-Product Privileges In Shareholder Litigation, Donald B. Lewis

Cleveland State Law Review

In Garner v. Wolfinbarger, the United States Court of Appeals for the Fifth Circuit broke important ground in the law of the attorney-client privilege. The court held that in securities litigation in which the officers and directors of a corporation are charged with having acted inimically to shareholder interests, a plaintiff is entitled to show "good cause" why the privilege should not be invoked by the corporation to preclude discovery of relevant evidence. This decision has been applauded and followed by most federal courts. At the same time, the efficacy of such principles has been substantially undercut by unwarranted glosses …


Chain Of Custody And Identification Of Real Evidence, Paul C. Giannelli Jan 1983

Chain Of Custody And Identification Of Real Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Corporate And Institutional Accident Investigations As Work Product Pursuant To The Rules Of The Supreme Court Of Virginia, William Todd Benson Jan 1983

Corporate And Institutional Accident Investigations As Work Product Pursuant To The Rules Of The Supreme Court Of Virginia, William Todd Benson

University of Richmond Law Review

If the magnitude of the mishap so warrants, many businesses immediately call their insurance adjuster or other accident investigator. In some of the larger businesses, accident investigation and insurance have become in-house operations. This quick reflex toward early fact investigation is prompted, in part, by a healthy respect for the potentiality of claims arising out of the day to day conduct of business affairs. When a suit against such company ultimately is ified and discovery sought, an issue often arises concerning whether early institutional investigations are "work product" for purposes of the federal or Virginia rules of civil procedure. This …


The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander Jan 1983

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 …


When Blood Is Their Argument: Probabilities In Criminal Cases, Genetic Markers, And, Once Again, Bayes' Theorem, Randolph N. Jonakait Jan 1983

When Blood Is Their Argument: Probabilities In Criminal Cases, Genetic Markers, And, Once Again, Bayes' Theorem, Randolph N. Jonakait

Articles & Chapters

Revolutionary advances in blood typing soon will cause a dramatic increase in the presentation of statistical evidence in criminal trials. Courts have admitted statistics into criminal trials before, and the proper use of this type of evidence has been debated previously. Until now, however, such mathematical evidence has been rare. Recently, however, a number of courts have admitted probability evidence derived from new and complex blood tests. Such evidence may soon be as commonplace as fingerprint testimony. The courts that have admitted this evidence, however, have done so without learning from past discussions about the proper role of statistical evidence. …