Evidence Commons^™

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.

State V. Frazier, Lucinda Masterton

West Virginia Law Review

No abstract provided.

The Myth Of Conditional Relevancy, Vaughn C. Ball

Scholarly Works

[This article is intended to supersede and replace an article with the same title published by the Arizona State Law Journal. That article, in its printed form, was disapproved by me prior to publication, and did not correctly state my views on the subject.] It is the thesis of this article, which may as well be stated first as last, that: (1) the received learning of the doctrine of conditional relevancy is erroneous, being based from the start on an incorrect analysis of relevancy; (2) the doctrine is inconsistent with the definitions of relevancy adopted in the Model Code, the …

Evidence - Hearsay - Prior Inconsistent Statements, Stephanie G. Spaulding

Duquesne Law Review

The Pennsylvania Superior Court has held that prior inconsistent statements may be used substantively as well as for impeachment purposes.

Commonwealth v. Loar, 399 A.2d 1110 (Pa. Super. Ct.), allocatur denied (1979).

Custodial Seizures And The Poison Tree Doctrine: Dunaway V. New York And Its Aftermath, 13 J. Marshall L. Rev. 733 (1980), Rosanne J. Faraci

UIC Law Review

No abstract provided.

The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson

Publications

No abstract provided.

Scientific Evidence - Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

Mathematical Models And Legal Realities: Some Comments On The Poisson Model Of Jury Behavior, David H. Kaye

Faculty Scholarship

While a mathematical model cannot reflect all the elements of reality, modeling involves drastic simplifications, and those expounding the mathematical model would recognize the complexity of the elements. This article illuminates this cause with a mathematical model that seems to be in vogue, developed by the renowned mathematician Simeon Poisson. It reviews the Poisson model in order to enucleate its many assumptions. It also explains why these assumptions may introduce serious errors into the probabilities calculated according to the model. It also indicates one reason that even a relatively error free model would have limited usefulness in resolving the constitutional …

New York Proposed Code Of Evidence: Article V, The Symposium: The New York Proposed Code Of Evidence, Michael M. Martin

Faculty Scholarship

Article V of the New York Proposed Code of Evidence sets forth the rules of evidentiary privilege. Unlike other articles of the Proposed Code, it differs significantly from its federal counterpart. Article V of the Federal Rules of Evidence consists of only rule 501, which provides that, unless otherwise required by the constitution or federal statute, privileges in federal courts are governed by "the principles of the common law as they may be interpreted... in the light of reason and experience." Rule 501 further provides, however, that questions of privilege in civil cases as to which state law supplies the …

The Adversary Model Is Bent, William T. Pizzi, Phillip S. Figa, Kenneth E. Barnhill, Jr.

Publications

No abstract provided.

Scientific Evidence - Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Ohio Rules Of Evidence: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

Exploring The Limits Of Brady V. Maryland: Criminal Discovery As A Due Process Right In Access To Police Investigations And State Crime Laboratories, Walter H. Ohar

University of Richmond Law Review

Why not criminal discovery? This question has been posited by legal scholars and learned jurists alike since the liberalization of discovery methods under the modern codes of civil procedure. As inexact as the term criminal discovery may be and, according to its critics, as inapplicable as discovery may be in the criminal context, there is little doubt that the current trend is the expansion of that which is discoverable by either side prior to a criminal trial. In fact, criminal discovery has developed into something more than a problem of procedure to be resolved by the individual jurisdictions in piecemeal …

United States Of America V. Herman Raddatz, Preview Of United States Supreme Court Cases, Leroy Pernell

Journal Publications

No abstract provided.

Due Process Versus Data Processing: An Analysis Of Computerized Criminal History Information Systems, Donald Doernberg, Donald H. Zeigler

Articles & Chapters

This article, based on a comprehensive empirical study of New York's computerized criminal history information system and on national surveys of similar systems, concludes that current regulations governing the dispersion of criminal history information are grossly inadequate. Although information drawn from computerized criminal history files is often inaccurate, incomplete, ambiguous or inappropriate, criminal justice officials and judges routinely use such information in making decisions affecting defendants' liberty. This practice is unconstitutional, and the article suggests ways to regulate criminal history information systems that would protect a defendant's right not to be deprived of liberty without due process of law.

The Status Of The Third Party Confession In Virginia: In Search Of A Trustworthiness Standard, Donna J. Katos

University of Richmond Law Review

The issue of third party confessions generates great controversy. The basic inquiry is, should confessions allegedly uttered by persons other than the defendant be admitted into evidence in a criminal trial? If so, under what conditions? How much discretion should a trial judge be afforded in determining whether this evidence should be admitted to exculpate a person charged with murder, armed robbery, or rape? Should the trial judge or the jury determine the reliability of the witness, the declarant, or the content of the confession itself? These considerations, in addition to due process arguments, have troubled criminal courts, legislators, and …

Kentucky Law Survey: Evidence, Winifred Bryant

Kentucky Law Journal

No abstract provided.

The Law Office Search: An Emerging Problem And Some Suggested Solutions, Lackland H. Bloom Jr.

Faculty Journal Articles and Book Chapters

A law office search threatens the attorney-client relationship by jeopardizing values protected by the fourth, fifth, and sixth amendments. After reviewing recent developments that underlie the sudden emergence of the law office search, Professor Bloom examines the nature of this threat and suggests that the values of the attorney-client relationship can be reconciled with the needs of law enforcement by requiring the police to use a subpoena rather than a search warrant when seeking documentary evidence from an attorney. Professor Bloom considers whether this "subpoena preference rule" either is required by the fourth amendment or can be implemented by nonconstitutional …

Investigative Stops In High Crime Areas, Richard A. Gonzales

Faculty Scholarship

This article questions what constitutes reasonable suspicion of criminal activity particularly within high crime area. Some of the referenced cases:

• People v. Cantor, 36 N.Y.2d 106, 365 N.Y.S.2d 509, 324 N.E.2d 872 (1975)
• U.S. v. Magda, 409 F.Supp. 734,740 (S.D. N.Y. 1976)
• Terry v. Ohio, 392 U.S. 1 ( 1968)
• Sibron v. New York, 392 U.S. 40 ( 1968)
• U.S. v. Brignoni-Ponce, 422 U.S. 873 (1975)
• U.S. v. Flores, 462 F. Supp. 702 (E.D. NS. 1978)
• U.S. v. Oates, 560 F.2d 45, 49 (2d Cir. 1977)
• U.S. v. Constantine, 567 F.2d 266 ( 4th Cir. 1977)
• People v. Bower, 24 …

Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces

Faculty Publications

No abstract provided.

Administrative Law - Internal Revenue Service (Irs) Summons Enforcement - When An Irs Investigation Has Been Coordinated By A Justice Department Strike Force, The District Court Must Determine That Each Summons Issued Was Not Used For An Improper Criminal Investigation Purpose, Angela Baker

Villanova Law Review (1956 - )

No abstract provided.

Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino

Articles by Maurer Faculty

No abstract provided.

United States V. Payner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Havens, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Admission Of Polygraph Results: A Due Process Perspective, Thomas K. Downs

Indiana Law Journal

No abstract provided.

The Defendant's Right To Independent Analysis Of The Breathalyzer Ampoule: The Probable Virginia Response, Anita L. Zuckerman

William & Mary Law Review

No abstract provided.

Comparative Results Of Teaching Evidence Three Ways, Edward L. Kimball, Larry C. Farmer

Journal of Legal Education

No abstract provided.

Failure To Relate Exculpatory Story At Pretrial Hearings May Be Used By Prosecution To Impeach Defendant's Testimony At Trial., Stephen F. White

St. Mary's Law Journal

Abstract Forthcoming.

Probability Theory Meets Res Ipsa Loquitur, David Kaye

Michigan Law Review

This Article uses probability theory normatively in an effort to clarify one aspect of the famous tort doctrine known as res ipsa loquitur. It does not urge that jurors be instructed in probability theory or be equipped with microprocessors. Rather, it seeks an accurate statement of the res ipsa doctrine in ordinary language. In particular, this Article will show that the conventional formulation of the doctrine is misleading at best, and should be replaced with a more careful statement of the conditions warranting the res ipsa inference. To this end, Section I briefly surveys the legal doctrine, or, more precisely, …

The Future Of Confrontation, Peter K. Westen

Michigan Law Review

The Supreme Court seems to be setting the stage for a long-awaited examination of the confrontation clause. It has been ten years since the Court endeavored in Dutton v. Evans to reconcile the evidentiary rules of hearsay with the constitutional commands of confrontation. Dutton came at the tail end of a string of confrontation cases that the Court had resolved without apparent difficulty. Not surprisingly, the Court approached Dutton in the evident belief that it could resolve the constitutional problems of hearsay once and for all. Instead, after oral argument in 1969 and a rehearing in 1970, the Court found …