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Articles 4501 - 4530 of 5951
Full-Text Articles in Evidence
Credibility Of Witnesses, Paul C. Giannelli
Credibility Of Witnesses, Paul C. Giannelli
Faculty Publications
No abstract provided.
Eyewitness Identifications, Paul C. Giannelli
Eyewitness Identifications, Paul C. Giannelli
Faculty Publications
No abstract provided.
Nonproduction Of Witnesses As Deliberative Evidence, James E. Beaver
Nonproduction Of Witnesses As Deliberative Evidence, James E. Beaver
Seattle University Law Review
The chief practical difficulty today, as always, lies in the particular application of a mass of evidentiary rules, in determining the bearing of various principles upon a given evidentiary issue of fact here and now. Nowhere has this situation continued truer than with reference to rules about evidentiary spoliation. "Indeed, after reading all there is on the subject in a recent voluminous text-book, one may well be bewildered, owing to the collection of crude, inadvertent and contradictory material."' As a result, the "request to charge which more frequently than any other is made in improper form is that dealing …
Rules Pertaining To Witnesses, John W. Reed
Rules Pertaining To Witnesses, John W. Reed
Book Chapters
Article VI of the Michigan Rules of Evidence contains the rules dealing with witnesses. Trials bring to mind testimonial evidence. There surely are other kinds of evidence, such as docmnents, guns, automobile tires, chemical substances, and the like. But most evidence comes from the mouths of witnesses, and even demonstrative evidence usually is admitted only after a witness has taken the stand and testified to foundation facts. So it is important and appropriate that we turn to the provisions of the rules that deal with qualifications and credibility of witnesses. I would like to direct your attention to MRE 601 …
Opinions And Expert Testimony, John W. Reed
Opinions And Expert Testimony, John W. Reed
Book Chapters
Article VI of the Michigan Rules of Evidence contains the rules dealing with witnesses. Trials bring to mind testimonial evidence. There surely are other kinds of evidence, such as docmnents, guns, automobile tires, chemical substances, and the like. But most evidence comes from the mouths of witnesses, and even demonstrative evidence usually is admitted only after a witness has taken the stand and testified to foundation facts. So it is important and appropriate that we turn to the provisions of the rules that deal with qualifications and credibility of witnesses. I would like to direct your attention to MRE 601 …
Polygraph Evidence, Paul C. Giannelli
An Examination Of The Naming Requirement Of Tittle Iii In Light Of United States V. Donovan - A Case For Suppression, William D. Goldberg
An Examination Of The Naming Requirement Of Tittle Iii In Light Of United States V. Donovan - A Case For Suppression, William D. Goldberg
Villanova Law Review (1956 - )
No abstract provided.
Criminal Procedure - Statements Made During A Prearraignment Delay That Exceeds Six Hours Ruled Inadmissible In Pennsylvania, Carol J. Young
Criminal Procedure - Statements Made During A Prearraignment Delay That Exceeds Six Hours Ruled Inadmissible In Pennsylvania, Carol J. Young
Villanova Law Review (1956 - )
No abstract provided.
The Identification Of Incompetent Defendants: Separating Those Unfit For Adversary Combat From Those Who Are Fit, Claudine Walker Ausness
The Identification Of Incompetent Defendants: Separating Those Unfit For Adversary Combat From Those Who Are Fit, Claudine Walker Ausness
Kentucky Law Journal
No abstract provided.
Forcible Rape And Statutory Rape: The Delicate Balance Between The Rights Of Victim And Defendant, 11 J. Marshall J. Of Prac. & Proc. 481 (1978), Philip A. Oretsky
Forcible Rape And Statutory Rape: The Delicate Balance Between The Rights Of Victim And Defendant, 11 J. Marshall J. Of Prac. & Proc. 481 (1978), Philip A. Oretsky
UIC Law Review
No abstract provided.
The Federal Rules Of Evidence And The Quality Of Practice In Federal Courts, Stephen A. Saltzburg
The Federal Rules Of Evidence And The Quality Of Practice In Federal Courts, Stephen A. Saltzburg
Cleveland State Law Review
One point that I shall endeavor to make today is that the Federal Rules of Evidence offer an opportunity for dramatic improvement in federal trial court practice. In the hands of the most experienced practitioner or the novice litigator just weaned from law school, the evidence rules offer a promise of even-handed justice that has heretofore been unavailable. Used properly, the Federal Rules of Evidence hold out a promise that trials might be less costly to litigants in terms of out-of-pocket expenditures, that the societal costs associated with erroneous decisions by trial judges might be reduced, and that federal litigants' …
Confidential Communications In The Correctional Halfway House Setting, Richard Kenney
Confidential Communications In The Correctional Halfway House Setting, Richard Kenney
Cleveland State Law Review
The author proposes that a legal testimonial privilege regarding confidential communications between the staff and residents of community-based correctional programs is necessary to insure the integrity of the therapeutic process and, ultimately, the success of the program itself. This note will examine the role of community-based correctional programs and the law in regard to testimonial privileges and will demonstrate that the extension of the privilege in this setting is legally appropriate.
Confidential Communications In The Correctional Halfway House Setting, Richard Kenney
Confidential Communications In The Correctional Halfway House Setting, Richard Kenney
Cleveland State Law Review
The author proposes that a legal testimonial privilege regarding confidential communications between the staff and residents of community-based correctional programs is necessary to insure the integrity of the therapeutic process and, ultimately, the success of the program itself. This note will examine the role of community-based correctional programs and the law in regard to testimonial privileges and will demonstrate that the extension of the privilege in this setting is legally appropriate.
Kentucky Law Survey: Evidence, Robert G. Lawson
Kentucky Law Survey: Evidence, Robert G. Lawson
Law Faculty Scholarly Articles
This article is a survey of Kentucky law on evidence. Almost as often as not the government's case in criminal litigation will contain evidence indicating that the accused committed some offense other than the one for which he is being tried. Consequently a set of rules to control the use of evidence of "other crimes" has evolved. In most jurisdictions it consists of a single rule that prohibits the use of such evidence against a defendant along with a group of exceptions that virtually engulfs the prohibition against admissibility. Kentucky law is so structured. As all lawyers who engage in …
The Unprivileged Status Of The Fifth Amendment Privilege, Mark Berger
The Unprivileged Status Of The Fifth Amendment Privilege, Mark Berger
Faculty Works
No abstract provided.
The Proposed Ohio Rules Of Evidence: The General Assembly, Evidence, And Rulemaking, Paul C. Giannelli
The Proposed Ohio Rules Of Evidence: The General Assembly, Evidence, And Rulemaking, Paul C. Giannelli
Faculty Publications
The Ohio Supreme Court has twice promulgated and the Ohio General Assembly has twice disapproved the proposed Ohio Rules of Evidence. Moreover, the office of the Attorney General has opposed the proposed Rules in an article published in this review. The author examines the arguments against the Rules and concludes that the supreme court has the constitutional authority to prescribe most rules of evidence and that the General Assembly should accept the proposed Rules with amendments.
Federal Court Rules Virginia Law Allows Evidence Of Non-Use Of Seat Belt, William H. Robinson Jr., Richard Cullen
Federal Court Rules Virginia Law Allows Evidence Of Non-Use Of Seat Belt, William H. Robinson Jr., Richard Cullen
University of Richmond Law Review
A pretrial evidentiary ruling by a Virginia federal district court judge in an automobile crashworthy products liability case permits the manufacturer-defendant to introduce evidence of non-use of a seat belt on the issue of damages.
Inherent Judicial Power: Flexibility Congress Did Not Write Into The Federal Rules Of Evidence , Michael M. Martin
Inherent Judicial Power: Flexibility Congress Did Not Write Into The Federal Rules Of Evidence , Michael M. Martin
Faculty Scholarship
This Article focuses on the question whether, or to what extent, a federal court is bound by the explicit and implicit restrictions placed by Congress on a court's power to admit evidence. This is a question that did not arise prior to adoption of the Federal Rules of Evidence because previous prospective rulemaking in the procedural area was in truth a judicial exercise. Although Congress had an implicit veto power over rules of procedure prescribed by the Supreme Court, it never exercised that power. Thus, a lower court's decision to disregard a rule of procedure raised, as a practical matter, …
Kentucky Law Survey: Evidence, Robert G. Lawson
Kentucky Law Survey: Evidence, Robert G. Lawson
Kentucky Law Journal
No abstract provided.
Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar
Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar
Articles
More than 50 years have passed since the Supreme Court decided the Weeks case, barring the use in federal prosecutions of evidence obtained in violation of the Fourth Amendment, and the Silverthorne case, invoking what has come to be known as the "fruit of the poisonous tree" doctrine. The justices who decided those cases would, I think, be quite surprised to learn that some day the value of the exclusionary rule would be measured by-and the very life of the rule might depend on-an empirical evaluation of its efficacy in deterring police misconduct. These justices were engaged in a less …
Expert Witnesses--Right To Pay Expert Witnesses On A Contingent-Fee Basis In Civil Cases, Gale Reddie Lea
Expert Witnesses--Right To Pay Expert Witnesses On A Contingent-Fee Basis In Civil Cases, Gale Reddie Lea
West Virginia Law Review
No abstract provided.
The Trade Act Of 1974 Revisited: The Need For Further Reform, Scott C. Whitney
The Trade Act Of 1974 Revisited: The Need For Further Reform, Scott C. Whitney
Faculty Publications
Approximately four months after President Ford signed into law the Trade Act of 1974,1 the first petition for import relief was filed invoking the "liberalized" provisions of Title II.2 In the three years since the effective date of the 1974 Act, the United States International Trade Commission (ITC) has instituted investigations concerning a wide variety of commodities. 3 Nonetheless, even though Congress by enacting the 1974 Act intended to minimize the President's control over trade policy and to make import relief more accessible to both industry and labor, the lTC's recommendations have rarely been followed. This article will analyze the …
Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller
Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller
Publications
No abstract provided.
Prior Consistent Statements, Arthur H. Travers Jr.
The Federal Rules Of Evidence: A Model For Improved Evidentiary Decisionmaking In Washington, Robert H. Aronson
The Federal Rules Of Evidence: A Model For Improved Evidentiary Decisionmaking In Washington, Robert H. Aronson
Articles
This article discusses the underlying reasons for establishing rules of evidence, defines two unavoidable conflicts encountered in attempting to effectuate the purposes for adopting such rules, suggests that the Federal Rules of Evidence help resolve these conflicts by adhering to several clearly enunciated rationales, and, finally, indicates how the Rules recognize and accommodate important new scientific and social insights on the admissibility of evidence.
Effects Of Corroboration Instructions In A Rape Case On Experimental Juries, Valerie P. Hans, Neil Brooks
Effects Of Corroboration Instructions In A Rape Case On Experimental Juries, Valerie P. Hans, Neil Brooks
Cornell Law Faculty Publications
The rules of evidence have evolved, in the main, to protect the jury from being misled, prejudiced or confused by certain types of evidence which might be presented to it. The rules attempt to achieve this purpose by utilizing a number of techniques, which were fashioned by common law judges. First, evidence which gives rise to these dangers might be excluded from the jury's consideration altogether. Secondly, such evidence might have to be corroborated by other evidence before the jury is permitted to reach a verdict in the case. Thirdly, the judge might be compelled to instruct the jury that …
A Modern Approach To Evidence, Kenneth S. Brown
A Modern Approach To Evidence, Kenneth S. Brown
Michigan Law Review
A Review of A Modern Approach to Evidence by Richard O. Lempert and Stephen A. Saltzburg
United States V. Ceccolini, Lewis F. Powell Jr.
United States V. Ceccolini, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Impeaching The Professional Expert Witness By A Showing Of Financial Interest, Michael H. Graham
Impeaching The Professional Expert Witness By A Showing Of Financial Interest, Michael H. Graham
Indiana Law Journal
No abstract provided.