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Articles 61 - 83 of 83
Full-Text Articles in Evidence
Rule 901: Requirement Of Authentication Or Identification
Rule 901: Requirement Of Authentication Or Identification
Touro Law Review
No abstract provided.
Rule 1001: The "Original Document" Rule
Rule 601: General Rule Of Competency
Rule 803(1): Present Sense Impression
Rule 804(B)(1): Former Testimony
Rule 803(8)(C): Public Records And Reports
Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait
Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Daubert And The Quest For Value-Free "Scientific Knowledge" In The Courtroom, Alexander Morgan Capron
Daubert And The Quest For Value-Free "Scientific Knowledge" In The Courtroom, Alexander Morgan Capron
University of Richmond Law Review
In a world that grows more technologically complex every day and in which scientific research continually expands both our understanding of, and our questions about, the operation of the natural and man-made world, it is hardly surprising that science should show up with increasing frequency in our court-rooms. Science itself is sometimes at issue, for example, in proceedings on allegations of scientific misconduct or in disputes over the ownership or patentability of technologies. But more frequently, science enters in aid of resolving a case in which a complex question of causation is at issue. To establish or rebut causation, each …
The Risks Of Death: Why Erroneous Convictions Are Common In Capital Cases (Symposium: The New York Death Penalty In Context), Samuel R. Gross
The Risks Of Death: Why Erroneous Convictions Are Common In Capital Cases (Symposium: The New York Death Penalty In Context), Samuel R. Gross
Articles
As the Supreme Court has said, time and again, death is different: It is "different in kind from any other punishment imposed under our system of criminal justice;"1 it "differs more from life imprisonment than a 100-year sentence differs from one of only a year or two;"' 2 and so forth. Traditionally, this observation has justified special procedural protections for capital defendants. Justice Harlan put it nicely nearly forty years ago: "I do not concede that whatever process is 'due' an offender faced with a fine or a prison sentence necessarily satisfies the requirements of the Constitution in a capital …
The Effect Of Expert Testimony On Juror Decision Making In Eyewitness Identification Cases, Pamela J. Sullivan
The Effect Of Expert Testimony On Juror Decision Making In Eyewitness Identification Cases, Pamela J. Sullivan
Theses : Honours
The provision of expert testimony for the defence has been demonstrated to sensitise jurors to the variables that may reduce the reliability of an eyewitness identification (Cutler, Dexter, & Penrod, 1989). However, research examining the variables that reduce identification reliability has revealed conflicting findings (Yuille & Cutshall, 1986). Given this disparity in psychological opinion, a situation may arise where opposing expert testimony for the prosecution and the defence is delivered within the same criminal trial This thesis examined the effect of each form of expert testimony about eyewitness identification issues on the decision of the individual juror. The decision making …
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.
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Faculty Publications
No abstract provided.
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Publications
No abstract provided.
Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi
Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi
Publications
No abstract provided.
Assessing Evidence, Richard D. Friedman
Assessing Evidence, Richard D. Friedman
Reviews
David A. Schum's Evidential Foundations of Probabilistic Reasoning, 2 C.G.G. Aitken's Statistics and the Evaluation of Evidence for Forensic Scientists,3 and Bernard Robertson and G.A. Vignaux's Interpreting Evidence: Evaluating Forensic Science in the Courtroom4 all have something to tell us about how to use and evaluate evidence. Although the books are addressed to different primary audiences5 and their authors come from a variety of disciplines and from distant points of the English-speaking world,6 all three help draw the connection between underlying theory and presentation in the courtroom. Though Schum uses numerous examples from litigation and discusses the legal literature of …
What About The Children? Are Family Lawyers The Same (Ethically) As Criminal Lawyers? A Morality Play, Robert H. Aronson
What About The Children? Are Family Lawyers The Same (Ethically) As Criminal Lawyers? A Morality Play, Robert H. Aronson
Articles
A fictional account of a lawyer, representing a woman in a divorce case, who learns from her client that her live-in boyfriend has hit her and her five-year-old daughter. Is her ethical duty to protect the child greater than her responsibility to maintain the attorney-client privilege. She discusses the matter with two evidence professors in search of a solution.
Medical Desk Book For Lawyers, Oregon Law Institute, D. Lawrence Wobbrock, David K. Miller, Richard E. Talbott, Peter C. Richter, Steven P. Jones, David C. Landis, Gayle L. Troutwine, Robert P. Jones, Robert J. Neuberger, Robert W. Pardington, David K. Miller, Larry N. Sokol, William A. Barton
Medical Desk Book For Lawyers, Oregon Law Institute, D. Lawrence Wobbrock, David K. Miller, Richard E. Talbott, Peter C. Richter, Steven P. Jones, David C. Landis, Gayle L. Troutwine, Robert P. Jones, Robert J. Neuberger, Robert W. Pardington, David K. Miller, Larry N. Sokol, William A. Barton
Oregon Law Institute, 1996
No abstract provided.
Experts, Judges, And Commentators: The Underlying Debate About An Expert's Underlying Data, Ronald L. Carlson
Experts, Judges, And Commentators: The Underlying Debate About An Expert's Underlying Data, Ronald L. Carlson
Scholarly Works
Debate concerning the limits of judicial power over expert witnesses remains active and in its early states. Commentators charting the course of judicial opinions observe that some of the modern regulatory proposals have yet to enlist official adoption. Part of the problem may relate to recognition of questions. Courts will adjudicate critical issues only when they are made aware of them. The burden of calling attention to an expert's flawed bases falls squarely on trial lawyers who must make astute and incisive objections.
In this formative period of legal development important decisions will be made. The future direction of courtroom …
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.
Admissibility Of Investigatory Reports In § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz
Admissibility Of Investigatory Reports In § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz
Scholarly Works
No abstract provided.