Evidence Commons^™

Confessions, Search And Seizure And The Rehnquist Court, Yale Kamisar

Articles

About the time William Rehnquist ascended to the Chief Justiceship of the United States, two events occurred that increased the likelihood that Miranda would enjoy a long life. In Moran v. Burbine,' a 6-3 majority held that a confession preceded by an otherwise valid waiver of a suspect's Miranda rights should not be excluded either (a) because the police misled an inquiring attorney when they told her they were not going to question the suspect she called about or (b) because the police failed to inform the suspect of the attorney's efforts to reach him.

The Standard Of Appellate Review For Scientific Evidence: Beyond Joiner And Scheffer, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer

Faculty Publications

No abstract provided.

Testimony , Antoinette Sedillo Lopez

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Balancing The Scales After Evidence Is Spoiled: Does Pennsylvania's Approach Sufficiently Protect The Injured Party, Cecilia Hallinan

Villanova Law Review (1956 - )

No abstract provided.

Apology Excepted: Incorporating A Feminist Analysis Into Evidence Policy Where You Would Least Expect It, Aviva A. Orenstein

Articles by Maurer Faculty

No abstract provided.

Etchings On Glass: Reflections On The Science Of Proof, Louise Harmon

Scholarly Works

No abstract provided.

Iola And Daubert (Symposium: The Supreme Court And Local Government Law: The 1997-98 Term), Leon D. Lazer

Scholarly Works

No abstract provided.

Evidence, Marc T. Treadwell

Mercer Law Review

The survey period saw a large number of cases raising significant evidentiary issues. Two areas in particular should be noted and are discussed in detail below. First, criminal lawyers should be aware of the supreme court's reinterpretation of Cuzzort v. State, a landmark decision creating a broad exception to the hearsay rule for prior consistent statements. Second, all trial lawyers should be aware that the court of appeals continues to flirt with the idea of requiring parties to tender expert witnesses to the court for certification that they are, in fact, qualified to render expert testimony. As in past …

Secret Knowledge Of Genocide: British Failure To Disclose The Killing Of Jews In 1941, Kent Greenawalt

Cardozo Law Review

No abstract provided.

The Character Evidence Rule Revisited, Kenneth J. Melilli

BYU Law Review

No abstract provided.

Kumho Tire Company, Ltd. V. Carmichael: Brief Amici Curiae Of Neil Vidmar, Richard O. Lempert, Shari Seidman Diamond, Valerie P. Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon M. Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer And Irwin Horowitz In Support Of Respondents, Phoebe C. Ellsworth, Richard C. Lempert

Appellate Briefs

Amici are university professors or hold positions in independent research institutions. Each has conducted empirical research on juries. The interest of these amici in this case is to provide the Court with an accurate picture of what a substantial body of research says about jury competence and behavior as it pertains to the evaluation of expert testimony. Short biographies of each amicus are provided in Appendix A.

This brief addresses the issue of jury performance and jury responses to expert testimony. It reviews and summarizes a substantial body of research evidence about jury behavior that has been produced over the …

In Defense Of The Character Evidence Prohibition: Foundations Of The Rule Against Trial By Character, David P. Leonard

Indiana Law Journal

No abstract provided.

Evidence—Scientific Evidence: Standard Of Review Raises Questions Of Fit. General Electric Co. V. Joiner, 118 S. Ct. 512 (1997)., Russell D. Marlin

University of Arkansas at Little Rock Law Review

No abstract provided.

Why The Wto Should Require The Application Of The Evidentiary Threshold Requirement In Antidumping Investigations Tara Gingerich , Tara Gingerich

American University Law Review

No abstract provided.

First, Do No Harm: The Use Of Covert Video Surveillance To Detect Munchausen Syndrome By Proxy- An Unethical Means Of "Preventing" Child Abuse, Michael T. Flannery

University of Michigan Journal of Law Reform

Since it was first identified in 1977, Munchausen Syndrome by Proxy has uniquely affected the way in which the medical and legal communities deal with the issue of child abuse. Inherent in the medical response to the disease are issues of suspicion, investigation, identification, confrontation, and, of course, the health of an innocent child. Given the deceptive dynamics of the disease, however, denial and disbelief naturally overshadow every action taken by medical professionals in pursuing these issues. Fortunately, as medical knowledge about the dynamics of the disease continues to develop, medical professionals become more willing and better able to identify …

Psychiatric Evidence In Criminal Trials: To Junk Or Not To Junk?, Christopher Slobogin

William & Mary Law Review

No abstract provided.

Psychiatric Evidence In Criminal Trials: To Junk Or Not To Junk?, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This Article begins, in Part I, with a brief review of the past four decades" of psychiatric and psychological testimony in criminal trials (henceforth referred to simply as "psychiatric testimony"). Although this review cannot be called comprehensive, it does make clear that, contrary to what the popular literature would have us believe, psychiatric innovation is neither at an all time high nor the prevalent form of opinion testimony by mental health professionals. At the same time, such "nontraditional" expert opinion from clinicians, on those rare occasions when it does occur, has changed over the past few decades in both content …

Lie Detection: The Supreme Court's Polygraph Decision, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

In United States v. Scheffer, decided this past Term, the Supreme Court considered for the first time the admissibility of polygraph evidence. The Court held that exclusion of such evidence on behalf of a criminal defendant was supported by valid justifications and offended no constitutional right to present a defense.

Evidence, Marc T. Treadwell

Mercer Law Review

Previous surveys have addressed the trend--or at least what the author perceives to be the trend--of the Eleventh Circuit Court of Appeals in recent years to defer more to district court judges' evidentiary decisions. This trend can be contrasted with the activism displayed by Eleventh Circuit judges in decisions discussed in earlier survey articles. However, the 1996 Eleventh Circuit decision in Joiner v. General Electric Co. bucked this trend and applied a very rigid level of scrutiny to a trial court decision to exclude expert testimony. During the current survey period, the Supreme Court reversed Joiner because of its …

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

West Virginia Law Review

No abstract provided.

The Inevitable Discovery Doctrine Today: The Demands Of The Fourth Amendment, Nix, And Murray, And The Disagreement Among The Federal Circuits, Troy E. Golden

Brigham Young University Journal of Public Law

No abstract provided.

Cost-Benefit Analysis, Unintended Consequences, And Evidentiary Policy: A Critique And A Rethinking Of The Application Of A Single Set Of Evidence Rules To Civil And Criminal Cases, Myrna S. Raeder

Cardozo Law Review

No abstract provided.

An Outsider's View Of Common Law Evidence, Roger C. Park

Michigan Law Review

same line by a Newton. There have been improvements since Bentham's jeremiad. But Anglo-American evidence law is still puzzling. It rejects the common-sense principle of free proof in favor of a grotesque jumble of technicalities. It has the breathtaking aspiration of regulating inference by rule, causing it to exalt the foresight of remote rulemakers over the wisdom of on-the-spot adjudicators. It departs from tried-and-true practices of rational inquiry, as when it prohibits courts from using categories of evidence that are freely used both in everyday life and in the highest affairs of state. Sometimes it seems to fear dim light …

Economic Analysis Of Evidentiary Law: An Underused Tool, An Underplowed Field, Richard D. Friedman

Cardozo Law Review

No abstract provided.

Economic Analysis Of The Law Of Evidence: A Caveat, Ron A. Shapira

Cardozo Law Review

No abstract provided.

Mezzanatto And The Economics Of Self-Incrimination, Eric Rasmusen

Cardozo Law Review

No abstract provided.

Old Chief, Crowder, And Trials By Stipulation, David Robinson Jr.

William & Mary Bill of Rights Journal

In this Article, Professor Robinson argues that the meaning of "unfair prejudice" and the scope of trial judges' discretion in employing Rule 403 of the Federal Rules of Evidence is still uncertain following the Supreme Court's recent decision in United States v. Old Chief and its vacation and remand of United States v. Crowder and United States v. Davis. Robinson evaluates the evidentiary implications of the Supreme Court's recent decisions by discussing each case and analyzing the implications of the three cases read together.

Professor Robinson examines the possible effects of stipulations and admissions on the Rule 403 balancing test …

Presumed Guilty Until Proven Innocent: Using Results Of Statistical Or Econometric Studies As Evidence, John M. Tyson

St. Thomas Law Review

This Article examines the prerequisites required before results of statistical or econometric studies based upon empirical data should be admitted into evidence in light of the Supreme Court of the United States' decision in McCleskey v. Kemp. In addition, it reviews other cases in which results of statistical studies were considered are reviewed to define and describe the methods applied. Moreover, to determine whether proper safeguards exist to justify their role in the American Justice System, the Article examines the inherent tension between traditional judicial fact-finding and admitting results of quantitative studies based on empirical data as evidence.

Extradition Law At The Crossroads: The Trend Toward Extending Greater Constitutional Procedural Protections To Fugitives Fighting Extradition From The United States, Lis Wiehl

Michigan Journal of International Law

Part I of this article will describe the historical evolution of U.S. extradition law as a field parallel to, but separate from, domestic criminal procedure. Part II of this article describes the Parretti case and the Ninth Circuit's holding that the federal extradition statutory scheme of Title 18, United States Code, Section 3184, violates the Fourth Amendment to the extent that it authorizes the issuance of a provisional arrest warrant by a court without a prior evidentiary showing of probable cause to believe that the fugitive committed the crime charged abroad. Part III explores some of the implications and effects …