Evidence Commons^™

Admissibility Of Expert Testimony In Child Sexual Abuse Cases In California: Retire Kelly-Frye And Return To A Traditional Analysis, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

Bracton, The Year Books, And The "Transformation Of Elementary Legal Ideas" In The Early Common Law, David J. Seipp

Faculty Scholarship

The language of the common law has a life and a logic of its own, resilient through eight centuries of unceasing talk. Basic terms of the lawyer's specialized vocabulary, elementary conceptual distinctions, and modes of argument, which all go to make “thinking like a lawyer” possible, have proved remarkably durable in the literature of the common law. Two fundamental distinctions—between “real” and “personal” actions and between “possessory” and “proprietary” remedies—can be traced back to their early use in treatises of the first generations of professional common law judges and in reports of courtroom dialogue from the first generations of professional …

Testimonial Consistency: The Hobgoblin Of The Federal False Declaration Statute, Sidney Delong

Faculty Articles

This article focuses on the inconsistent statement provision of the Federal False Declaration Statute. Part I of this article identifies certain anomalous aspects of perjury that make it particularly difficult to control by threats of punishment. Perjury's resemblance to an innocent mistake creates a risk that criminal sanctions will be misapplied. These sanctions may have counterproductive effects, at times inducing people to commit perjury and at others inhibiting people from correcting inaccurate testimony that they have previously given. Part II demonstrates the way in which the conflict between the goals of deterrence and mitigation is manifested in the federal perjury …

Needed: A Rewrite, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Proposed far-reaching changes in the Federal Rules of Evidence are of major practical significance to every lawyer involved in the criminal justice process. The proposed changes are contained in a recent report by the American Bar Association Criminal Justice Section's Rules of Criminal Procedure and Evidence Committee. The report was selected for publication in Federal Rules Decisions, 120 F.R.D. 299 (1988), because of its interest to federal practitioners and judges. More than 40 judges, lawyers, and scholars were involved in the four-year study, and experts on each particular rule acted as "reporters" to the committee on those areas.

The report …

Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore

Touro Law Review

No abstract provided.

Theories Of Truth Finding In Criminal Procedure: An Evolutionary Approach, John D. Jackson

Cardozo Law Review

No abstract provided.

Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler

Seattle University Law Review

This Comment begins by providing a brief outline of the procedures regulating the use of televised testimony. Next, against the larger backdrop of the history of the right to confrontation, Part III addresses the treatment of televised testimony as hearsay. This section presents a recent Maryland decision as an illustration of the undesirable analogy of televised testimony to hearsay that leads to a more difficult admission standard. Part III concludes with the argument that televised testimony is the functional equivalent of in-court testimony, and thus, a hearsay analysis is inappropriate. Part IV of this Comment presents a recent Supreme Court …

Law And Consciousness, Charles A. Reich

Cardozo Law Review

No abstract provided.

Expert Testimony On Rape Trauma Syndrome: An Argument For Limited Admissibility—State V. Black, 109 Wash. 2d 336, 745 P.2d 12 (1987), Deborah A. Dwyer

Washington Law Review

In State v. Black, the Washington Supreme Court faced the question of whether the State, in a rape case, should be allowed to offer expert testimony on rape trauma syndrome ("RTS"). After examining some of the relevant scientific literature, case law, and the standards governing the admissibility of expert testimony, the court held that expert testimony on RTS was inadmissible. The court based its decision on findings that RTS testimony lacks scientific reliability, and that it unfairly prejudices a defendant accused of rape. The court's holding in Black was based on a misinterpretation of the available scientific literature, and on …

Expert Testimony On Rape Trauma Syndrome: An Argument For Limited Admissibility—State V. Black, 109 Wash. 2d 336, 745 P.2d 12 (1987), Deborah A. Dwyer

Washington Law Review

In State v. Black, the Washington Supreme Court faced the question of whether the State, in a rape case, should be allowed to offer expert testimony on rape trauma syndrome ("RTS"). After examining some of the relevant scientific literature, case law, and the standards governing the admissibility of expert testimony, the court held that expert testimony on RTS was inadmissible. The court based its decision on findings that RTS testimony lacks scientific reliability, and that it unfairly prejudices a defendant accused of rape. The court's holding in Black was based on a misinterpretation of the available scientific literature, and on …

The Meaning Of Probative Value And Prejudice In Federal Rule Of Evidence 403: Can Rule 403 Be Used To Resurrect The Common Law Of Evidence?, Edward J. Imwinkelried

Vanderbilt Law Review

In the common law system of evidence, logically relevant evidence is presumptively admissible. The logical relevance of an item of evidence, however, does not guarantee its admission. The common law has developed a number of rules that exclude logically relevant evidence. In some cases, the common law excludes evidence because of doubts about the credibility or reliability of that type of evidence. For example, the best evidence rule rests primarily on skepticism about the trustworthiness of secondary evidence concerning a document's contents.- When the issue is the content of a document, the common law prefers that the document itself be …

Twist And Shout And Truth Will Out: An Argument For The Adoption Of A "Safety-Valve" Exception To The Washington Hearsay Rule, George R. Nock

Seattle University Law Review

This Article will focus on two decisions of the Washington Supreme Court illustrating the unfortunate expansion of certain hearsay exceptions in order to accommodate truth, show that the expansion could have been avoided had Washington adopted a "general" exception comparable to that found in the Federal Rules of Evidence, and propose the adoption of an exception shorn of the defects of the rejected federal version.

Reverse Silver Platter: Should Evidence That State Officials Obtained In Violation Of A State Constitution Be Admissible In A Federal Criminal Trial?

Washington and Lee Law Review

No abstract provided.

Evidence—The Confrontation Clause—A Literal Right To A Face-To-Face Meeting. Coy V. Iowa, 108 S. Ct. 2798 (1988)., Tammera L. Rankin

University of Arkansas at Little Rock Law Review

No abstract provided.

The Impeachment Exception To Rule 407: Limitations On The Introduction Of Evidence Of Subsequent Measures, Robert K. Harris

University of Miami Law Review

No abstract provided.

The Admissibility Of Expert Psychological Testimony In Cases Involving The Sexual Misuse Of A Child, Dirk Lorentzen

University of Miami Law Review

No abstract provided.

Uncharged Misconduct Under Rule 404(B): The Admissibility Of Inextricably Intertwined Evidence, Jennifer Y. Schuster

University of Miami Law Review

No abstract provided.

Mandatory And Permissive Presumptions In Criminal Cases: The Morass Created By Allen, Shari L. Jacobson

University of Miami Law Review

No abstract provided.

The Admissibility Of Expert Witness Testimony: Time To Take The Final Leap?, Maury R. Olicker

University of Miami Law Review

No abstract provided.

The Admissibility Of Former Testimony Under Rule 804(B)(1): Defining A Predecessor In Interest, Mark Lawrence

University of Miami Law Review

No abstract provided.

Cross-Examination Of Expert Witnesses: Dispelling The Aura Of Reliability, Lee Waldman Miller

University of Miami Law Review

No abstract provided.

Rule 26(B)(4) Of The Federal Rules Of Civil Procedure: Discovery Of Expert Information, James L. Hayes, Paul T. Ryder Jr.

University of Miami Law Review

No abstract provided.

Hot Air In The Redwoods, A Sequel To The Wind In The Willows, William Twining

Michigan Law Review

A Review of Hot Air in the Redwoods by Kenneth Graham, Jr.

The Admissibility Of Expert Testimony On Interracial Conflict In New York State Self-Defense Cases, Jay Lippman

In the Public Interest

No abstract provided.

Rock V. Arkansas, Stevan D. Mitchell

Florida State University Law Review

Evidence/Constitutional Law-THE ADMISSIBILITY OF POSTHYPNOTIC TESTIMONY: CONSTITUTIONAL CONSIDERATIONS AND THE DEFENDANT'S RIGHT TO TESTIFY

Growing Disenchantment With Hypnotic Means Of Refreshing Witness Recall, Michael J. Beaudine

Vanderbilt Law Review

Society has developed several uses for the psychological phenomenon known as hypnosis.' These uses, mostly medical in nature, include substituting for anesthesia and treating pain, anxiety, phobias, and allergies. Not surprisingly, some professional athletes have turned to hypnosis for better success on the playing field. While the scientific and medical communities generally have accepted these uses, controversy has arisen over the use of hypnosis in legal proceedings to refresh the memory of a witness who testifies later in court. The use of hypnosis for investigating crimes began in the early 1970s when law enforcement agencies and police departments formed the …

Charting New Territory In Judicial Proof: Beyond Wigmore, Peter Tillers, David Schum

Cardozo Law Review

In this Article, Professor Tillers and Professor Schum investigate judicial proof in a way that combines three distinct methods of analyzing the probative significance of evidence. They call these three modes of analysis legal structuring, temporal structuring, and relational structuring. Although scholars in various disciplines have recognized the importance of these three types of analysis in the assessment of evidence, no extant theory provides a systematic account of the relationships between legal analysis, temporal analysis, and relational analysis. Professor Tillers and Professor Schum describe some of the matters that a three-dimensional analysis of proof must take into account and they …

Prior Probability - A Black Hole In The Mathematician's View Of The Sufficiency And Weight Of Evidence, Leonard R. Jaffee

Cardozo Law Review

No abstract provided.

Prejudice, Politics, And Proof, Peter Tillers

Michigan Law Review

In the last fifteen years there has been a great resurgence of interest in fundamental theoretical analysis of the nature of factual proof in litigation. Many serious scholars, both in the law school world and outside it, have turned their energies in this direction. William L. Twining, Quain Professor of Jurisprudence at University College London, has been a major figure in this growing movement. He recently published a painstaking and scholarly study of Bentham's and Wigmore's theories of evidence, inference, and proof in adjudication. This book is part of Twining's broader, long-term effort to develop a general theoretical framework for …

International Discovery After Aerospatiale: The Quest For An Analytical Framework, David J. Gerber

All Faculty Scholarship

No abstract provided.