Evidence Commons^™

Are Police Free To Disregard Miranda?, Steven D. Clymer

Cornell Law Faculty Publications

Three Card Monte, Monty Hall, Modus Operandi And "Offender Profiling": Some Lessons Of Modern Cognitive Science For The Law Of Evidence, D. Michael Risinger, Jeffrey L. Loop

Cardozo Law Review

No abstract provided.

Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard

University of Richmond Law Review

No abstract provided.

Family Law, Elizabeth P. Coughter, Ronald R. Tweel

University of Richmond Law Review

No abstract provided.

Empirical Evidence And Malpractice Litigation, Philip G. Peters Jr.

Faculty Publications

Critics of medical malpractice litigation believe that expert testimony is often anecdotal and biased. To remedy this problem, several have recently suggested that attorneys should provide and courts should seek reliable empirical evidence of actual clinical norms. Their suggestion should be welcomed. If our expectations are realistic and the design pitfalls are avoided, greater use of use of empirical research will improve the fairness of malpractice adjudication. At least in theory, it could be useful in both the "easy" cases (where it reveals that a consensus standard of care exists) and also some of the harder cases (where clinical practices …

Document Destruction After Arthur Andersen: Is It Still Housekeeping Or Is It A Crime, Steven Lubet

The Journal of Appellate Practice and Process

No abstract provided.

Tailored Police Testimony At Suppression Hearings, Joel Atlas

Cornell Law Faculty Publications

Whether a court must suppress evidence typically turns on the conduct or observations of the police officer who discovered the evidence. By falsely testifying to the facts surrounding the discovery of the evidence, a police officer may validate a blatantly unconstitutional search. New York courts have long recognized that police officers sometimes fabricate suppression testimony to meet constitutional restrictions. Indeed, the Appellate Division has rejected police testimony at suppression hearings where the officer’s testimony appears to have been “patently tailored to nullify constitutional objections.” Although, to be sure, rejections are rare and their number appears to be declining, the appellate …

Convictions Of Innocent Persons In Massachusetts: An Overview, Stanley Z. Fisher

Faculty Scholarship

Scholars documenting the incidence and causes of wrongful convictions in the United States have focused on cases arising all across the country. Because reform of the practices that lead to such errors of justice must largely take place on the state level, there is value in examining wrongful convictions in particular jurisdictions. This article attempts to identify and briefly describe all known cases of conviction of innocent persons in Massachusetts from 1800 to the present time. Part I discusses the criteria for identifying "the innocent." For the purpose of gaining support for needed reforms in the law, the most persuasive …

The Blooding Of America: Privacy And The Dna Dragnet, Jeffrey S. Grand

Cardozo Law Review

No abstract provided.

An Introduction To The Rules Of Evidence Applicable To Collection Cases In Maryland Trial Courts, Lynn Mclain

All Faculty Scholarship

This class handout introduces students to the basic concepts of evidence using examples and language from the Maryland Rules of Evidence.

Reverse Presumptions: Guillen V. Pierce County Disregards Reasonable Constitutional Interpretations Of 23 U.S.C. § 409, Megan Walseth

Washington Law Review

To prove that dangerous roadways caused their traffic accidents, plaintiffs often seek discovery of highway information from state and local governments. Title 23 U.S.C. § 409 bars discovery of some of that information; it creates an evidentiary privilege for materials and data collected for certain federal highway safety funding programs. For example, state and local governments receiving funds through the federal hazard elimination program codified at 23 U.S.C. § 152 must maintain an engineering survey of all state public roads. Section 409, in turn, makes certain data and materials compiled or collected for § 152 exempt from discovery and inadmissible …

Government Officials As Attorneys And Clients: Why Privilege The Privileged?, Melanie B. Leslie

Articles

No abstract provided.

Evidence, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Computer Searches And Seizures: Some Unresolved Issues, Susan W. Brenner, Barbara A. Frederiksen

Michigan Telecommunications & Technology Law Review

The goal of this article is to illustrate the issues that arise in the context of computer search and seizures by examining several areas in which the application of Fourth Amendment concepts to computer searches and/or seizures can be problematic. In order to illustrate this point, the article will build on a hypothetical. The hypothetical situation assumes law enforcement officers have lawfully obtained a warrant to search for and seize evidence concerning the commission of one or more crimes. It will also be assumed that computer technology played some role in the commission of these crimes, so computer equipment and …

Proposed Amendments To Fed. R. Crim. P. 26: An Exchange: Remote Testimony - A Prosecutor's Perspective, Lynn Helland

University of Michigan Journal of Law Reform

Although the Supreme Court has declined, for now, to endorse the Judicial Conference proposal to add a Rule 26(b) of the Federal Rules of Criminal Procedure to permit live video testimony under limited circumstances, I agree with Professor Friedman that the matter is far from over. This is both because the potential benefits to be realized from the use of remote video testimony are too large to ignore and because, on closer inspection, any Confrontation Clause concerns that might underlie the Court's hesitation to adopt the proposal are not warranted. My purpose in writing is to summarize some of the …

The Legal Context And Contributions Of Dostoevsky's Crime And Punishment, William Burnham

Michigan Law Review

Dostoevsky's Crime and Punishment is of more than average interest to lawyers. The title perhaps says it all in terms of content. The chief protagonist, the murderer Raskolnikov, is a law student on a break from his studies. And the pursuer of the murderer is a lawyer, an examining magistrate. But the more subtle and more important legal aspects of Crime and Punishment concern the time period in Russian legal history in which the novel was written and is set. The 1860s in Russia were a time of tremendous legal change. Among other things, an 1861 decree emancipated the serfs …

Respecting Pandora's Box, Erica Beecher-Monas

Cardozo Law Review

No abstract provided.

Barely Opening, Then Slamming Shut, Science's "Black Box" In Law: A Response To Beecher-Monas's Heuristics, David S. Caudill

Cardozo Law Review

No abstract provided.

Admitting Expert Testimony In Federal Courts And Its Impact On West Virginia Jurisprudence, Robin Jean Davis

West Virginia Law Review

No abstract provided.

"Speaking Rights": Evaluating Juror Discussions During Civil Trials, Paula Hannaford-Agor, Valerie P. Hans, G. Thomas Munsterman

Cornell Law Faculty Publications

Permitting jurors to discuss evidence during civil trials may facilitate understanding and provide an outlet for their thoughts and questions, and does not appear to lead to prejudgment or prejudice.

Chambers V. Mississippi: The Hearsay Rule And Racial Evaluations Of Credibility, Andrew Elliot Carpenter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Scientific, Technical, And Forensic Evidence, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Scientific, Technical, and Forensic Evidence held by UK/CLE in February 2002.

Introduction, Ellen Yaroshefsky

Cardozo Law Review

No abstract provided.

When Prosecutors Prepare Cooperators, Joel Cohen

Cardozo Law Review

No abstract provided.

Closing Remarks, Barry Scheck

Cardozo Law Review

No abstract provided.

Witness Coaching By Prosecutors, Bennett L. Gershman

Cardozo Law Review

No abstract provided.

Thinking Outside The Box: How The Enforcement Of Ethical Rules Can Minimize The Dangers Of Prosecutorial Leniency And Immunity Deals, Michael S. Ross

Cardozo Law Review

No abstract provided.

A Canadian Perspective On The Role Of Cooperators And Informants, Steven Skurka

Cardozo Law Review

No abstract provided.

No Sauce For The Gander: Valuable Consideration For Helpful Testimony From Tainted Witnesses In Criminal Cases, H. Richard Uviller

Cardozo Law Review

No abstract provided.

What Is True? Perspectives Of A Former Prosecutor, Steven M. Cohen

Cardozo Law Review

No abstract provided.