Evidence Commons^™

The Duty Of The Prosecutor To Disclose Unrequested Evidence: United States V. Agurs, Christian F. Dubia Jr

Pepperdine Law Review

No abstract provided.

Why Federal Rule Of Evidence 403 Is Unconstitutional, And Why That Matters, Kenneth S. Klein

University of Richmond Law Review

No abstract provided.

Research Project, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Vocational Testimony In Social Security Hearings, Daniel F. Solomon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Developments In The Law Of Scientific Evidence: The Admissibility Of Polygraph Evidence, Sheila K. Hyatt

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Workers Compensation: Presenting Medical Evidence In Heart Cases, Gerald J. Haas, Lowell A. Reed Jr, Irvin Stander

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Evidence Column, Paul Troeh Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Two Notes On Evidence: Privileges And Hearsay, J. W. Deese

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Relevancy Of Evidence In Administrative Law Proceedings, J. W. Deese

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Role Of Demeanor Evidence In Determining Credibility Of Witnesses In Fact Finding: The Views Of Aljs, Gregory L. Ogden

Journal of the National Association of Administrative Law Judiciary

Prof. Ogden presents the views of administrative law judge’s on the role of demeanor evidence in determining the credibility of witnesses’ testimony in fact finding. The opinions of administrative law judges add an important new perspective on the issue of whether demeanor evidence increases the accuracy of credibility determinations. The views of administrative law judges were determined through the techniques of survey research, utilizing a questionnaire. After defining demeanor evidence for purposes of the study, Ogden explains the administrative law principle of judicial review that gives weight or deference to credibility determinations based on demeanor evidence. A statistical analysis of …

Death And Politics: The Role Of Demographic Characteristics And Testimony Type In Death Penalty Cases Involving Future Dangerousness Testimony, Amy Magnus, Miliaikeala Heen, Joel D. Lieberman

Graduate Research Symposium (2010 - 2017)

Past research examining expert future dangerousness prediction testimony in death penalty cases and civil confinement hearings for sex offenders has found that jurors tend to be more persuaded by less scientific “clinical” testimony and less influenced by “actuarial” based testimony. Jurors demonstrate greater receptivity for clinical testimony despite the fact that actuarial testimony has been shown to be a better predictor of future dangerousness. Research in this area has focused on identifying cognitive factors that can potentially be manipulated during a trial to increase the effectiveness of actuarial testimony on jurors. A mock jury study was conducted to extend these …

Juror Typologies And Dna Comprehension:Who Benefits From Jury Trial Innovations?, Mari Sakiyama, Joel D. Lieberman

Graduate Research Symposium (2010 - 2017)

When DNA evidence is presented in the courtroom, it is typically accompanied by complex testimony conveying information such as the method of generating population frequencies, match criteria and probabilities, as well as laboratory errors and error rates. Although this evidence may have high probative value, the legal community has expressed growing concern regarding jurors’ ability to comprehend it. However, courts have implemented a variety of jury trial innovations to facilitate jurors’ ability to process complex information. Although these innovations may have a positive effect on comprehension of complex trial evidence, it is unclear whether some jurors are more likely to …

Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince

Touro Law Review

No abstract provided.

Model Draft Of A Rule 502(D) Order, Symposium Participants

Fordham Law Review

No abstract provided.

Enter The Order, Protect The Privilege: Considerations For Courts Entering Protective Orders Under Federal Rule Of Evidence 502(D), Edwin M. Buffmire

Fordham Law Review

No abstract provided.

The Rulemakers’ Laments, Richard Marcus

Fordham Law Review

No abstract provided.

Is It Safe? The Need For State Ethical Rules To Keep Pace With Technological Advances, Ann M. Murphy

Fordham Law Review

No abstract provided.

Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502, Liesa L. Richter

Fordham Law Review

No abstract provided.

Panel Discussion: Reinvigorating Rule 502, Panel Discussion

Fordham Law Review

No abstract provided.

Evidence Rule 502: The Solution To The Privilege-Protection Puzzle In The Digital Era, John M. Barkett

Fordham Law Review

No abstract provided.

Reconceptualizing The Burden Of Proof, Edward K. Cheng

Vanderbilt Law School Faculty Publications

The preponderance standard is conventionally described as an absolute probability threshold of 0.5. This Essay argues that this absolute characterization of the burden of proof is wrong. Rather than focusing on an absolute threshold, the Essay reconceptualizes the preponderance standard as a probability ratio and shows how doing so eliminates many of the classical problems associated with probabilistic theories of evidence. Using probability ratios eliminates the so-called Conjunction Paradox, and developing the ratio tests under a Bayesian perspective further explains the Blue Bus problem and other puzzles surrounding statistical evidence. By harmonizing probabilistic theories of proof with recent critiques advocating …

Doe Co., Ltd V. Doe, Uzi Vogelman, Isaac Amit, Esther Hayut

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The Supreme Court (Justice Vogelman, Justices Hayut and Amit, concurring) granted leave to appeal, upheld the appeal and ruled as follows.

The Court considered the proceedings on the premise that the provisions of section 70(e1) of the Courts Act [Consolidated Version], 5744-1984 (hereinafter – the “Act”), which refers to a “suspect” as defined in section 70(e2) of the Act “as someone against whom a …

Comments On Maryland V. King In 'U.S. Supreme Court To Hear Arguments Over Md. Dna Case: Justices' Decision Will Have National Implications On Future Crime-Fighting Procedures', Colin Starger

All Faculty Scholarship

No abstract provided.

United States V. Salvucci: The Problematic Absence Of Automatic Standing, William C. Bollard

Pepperdine Law Review

The United States Supreme Court recently abolished the automatic standing rule in United States v. Salvucci. The author analyzes the difficulties created for the criminal defendant charged with a possessory crime. In particular, this note focuses on the inequitable position the defendant is placed in when his suppression hearing testimony is used as a tool to impeach subsequent testimony offered at trial. The author continues by pointing out that the "prosecutorial self-contradiction," sought to be abolished in Salvucci, remains a part of our present judicial system. In conclusion, the author offers several considerations that will necessarily be an integral part …

Admissibility Of Illegally Seized Evidence In Civil Cases: Could This Be The Path Out Of The Labyrinth Of The Exclusionary Rule?, Richard J. Hanscom

Pepperdine Law Review

The use of the exclusionary rule in criminal cases has been the subject of extensive debate since its inception. Although most efforts to modify the rule have been deemed unworkable, the author proposes a modification that is both workable and sensible. Modification would be accomplished by legislation which admits the results of illegal searches by law enforcement officers who acted in good faith, and, at the same time, provide fixed monetary sanctions against the governmental agencies whose officers conducted the search. The author proposes a good faith balancing test to determine evidence admissibility and administrative type proceedings to determine monetary …

The Use Of Aviation Accident Reports By Civil Litigants: The Historical Development Of 49 U.S.C. Section 1441(E), Walter A. T. Welch Jr., John E. Faulk

Pepperdine Law Review

When aviation accidents occur, the National Transportation Safety Board conducts an investigation to determine the conditions, circumstances, and ultimately the probable cause of the accident. There is a federal statutory privilege which renders these reports, as well as testimony from the attending investigator, inadmissible as evidence in any suit or action arising from the accident. However, certain judicially created exceptions have arisen which permit portions of the report and certain investigator testimony to be admitted into evidence. The authors delineate and analyze these exceptions as they discuss the trend toward increased report and testimony admissibility. The authors conclude with a …

Understanding Admissibility Of Prior Bad Acts: A Diagrammatic Approach, William Roth

Pepperdine Law Review

One of the most misunderstood areas of evidence in criminal cases is the admissibility of a defendant's prior bad acts. This article discusses both the practical and theoretical perspectives of prior bad acts and presents a diagram of the different admissibility theories. This visual aid is a great step forward in simplifying this problematic area.

Mediation Confidentiality: For California Litigants, Why Should Mediation Confidentiality Be A Function Of The Court In Which The Litigation Is Pending?, Rebecca Callahan

Pepperdine Dispute Resolution Law Journal

The article presents information on mediation confidentiality. Confidentiality protections are available to California litigants depending on whether the litigants are in state or federal court. It depicts that California courts provide protection only when disputants utilize mediation for resolving their differences and also focuses on the evidence exclusion provision in which the privilege held by participant acts as bar to compel discovery without everyone's consent.

The Discovery And Use Of Computerized Information: An Examination Of Current Approaches, Richard M. Long

Pepperdine Law Review

In recent years, the legal profession has run head on into the increasing use of computers and computerized information. Discovery and evidentiary rules developed to deal with written documentation may not be flexible enough to adequately cover this relatively new method of storing information. This comment examines various methods by which courts have attempted to deal with discovery and evidentiary problems involving computerized information, and suggests certain areas that should be explored in supporting or attacking the credibility of such information.