Evidence Commons^™

Scientific Evidence In Criminal Cases; Scientific And Expert Evidence In Criminal Advocacy, Ronald J. Allen

Buffalo Law Review

No abstract provided.

Discovery Of Expert Information Under The Federal Rules

University of Richmond Law Review

With the adoption of extensive pretrial discovery mechanisms, preparation for trial in the federal system underwent a dramatic alteration. Instead of relying upon pleadings to perform the tasks of notice-giving, issue formulation, and fact-revelation, the various discovery devices available under the Federal Rules of Civil Procedure allow the parties "to obtain the fullest possible knowledge of the issues and facts before trial."' Discovery was created to promote the just, speedy, and inexpensive disposal of litigation. To this end, discovery serves to (1) facilitate the formulation and narrowing of issues; (2) protect against unfair surprise during trial; (3) detect any superflous …

Evidence: Prior Crimes And Prior Bad Acts Evidence, Paul W. Grimm

Faculty Scholarship

No abstract provided.

Administrative Law: Due Process Requirements Of Notice And Hearing Apply To Native Claims Under Administrative Procedure Act; Civil Rights: Challenging Tribal Membership Ordinance; Criminal Law: Nor Prejudice To Indian Defendant Sentenced Under State Due To Additional Or Alternative Fina Authorized By Federal Statute; Due Process: Tribal Elections And The Indian Civil Rights Act; Environment: Standing Of Non-Indians To Challenge Validity Of Coal Leases On Indian Land; Evidence: Indian Concept Of "Toka" As Concerning Issues Of Provocation And Justification; Indian Civil Rights Act: Residency Requirements For Tribal Political Office Upheld; Indian Lands: Quiet Title Action By Indian Allottees Against Railroad Holding Easement In The Nature Of A Limited Fee; Jurisdiction: Adoption Where All Parties Are Residents Of An Indian Reservation; Jurisdiction: New Mexico State Constitution As Affecting Adjudication Of Indian Water Rights; Taxation: State Right Of Taxation On Reservations When Commerce Effectuated Between Indians And Non-Indians

American Indian Law Review

No abstract provided.

The History Of Pennsylvania's Juvenile Instituions: A Sesquicentennial Review, Leonard Packel

Villanova Law Review (1956 - )

No abstract provided.

Foreword, Lester Brickman, Richard O. Lempert

Articles

The forword highlights the significant concern over unmet legal needs among low and middle-income populations, emphasizing the fragmented and inefficient state of research in this area. It argues that the lack of coordination among studies, inconsistent terminology, and duplication of efforts hinder progress. The authors propose a coordinated approach to identify research gaps, set priorities, and improve the delivery of legal services.

Evidence, William H. Agnor

Mercer Law Review

No abstract provided.

Compulsory Process Ii, Peter Westen

Michigan Law Review

This Article examines the validity of the conventional wisdom. It draws support for its analysis from the constitutional principles of compulsory process, and, in their absence, from related doctrine in the areas of a defendant's right to confront witnesses against him and his right to a fair trial. Part I of the article defines the constitutional standard that governs the simple case of a nonindigent defendant who makes a timely application to produce a witness from within the territory of the jurisdiction. Parts II through IV, in turn, examine that standard in the light of complicating factors such as the …

Liquidated Damages As Prima Facie Evidence, James Patrick Fenton

Indiana Law Journal

No abstract provided.

A Critique Of Two Arguments Against The Exclusionary Rule: The Historical Error And The Comparative Myth, Donald E. Wilkes Jr.

Scholarly Works

“The great body of the law of evidence consists of rules that operate to exclude relevant evidence.” The most controversial of these rules are those which prevent the admission of probative evidence because of the irregular manner in which the evidence was obtained. Depending on whether the method of obtaining violated a provision of positive law, irregularly obtained evidence may be separated into two classes. Evidence obtained by methods which meet legal requirements but contravene some moral or ethical principle is unfairly obtained evidence. Evidence obtained in violation of a legal right or immunity is improperly obtained evidence, regardless of …

Evidence—Credibility Impeachment And The Drug-Using Witness—State V. Renneberg, 83 Wn. 2d 735, 522 P.2d 835 (1974), Randall A. Peterman

Washington Law Review

In chambers before the grand larceny trial of Milton and Virginia LaVanway, the court apparently ruled that testimony about the defendants' prior drug use' was inadmissible in the state's case. When the defendants subsequently testified to their good character, however, the trial court admitted such evidence for purposes of impeachment. On appeal of their convictions defendants challenged the admission of the evidence. The Washington Supreme Court affirmed the convictions, holding that once a defendant's character has been placed in issue, evidence of drug use is admissible to attack his or her character on cross-examination. The plurality opinion also stated in …

Constitutional Restraints On The Exclusion Of Evidence In The Defendant's Favor: The Implications Of Davis V. Alaska, Michigan Law Review

Michigan Law Review

This Note, first, examines the Davis methodology for determining whether a foreclosed line of cross-examination warrants protection by the confrontation clause, and suggests a test employable by reviewing courts for making that determination. Then, the Note sketches the contours of the clash, prefigured by Davis, between the right of confrontation and the limitations on cross-examination that result from both the assertion of testimonial privileges and trial court relevance rulings.

Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer

Faculty Publications

No abstract provided.

The Federal Rules Of Evidence And Florida Evidence Law Compared, David K. Miller

Florida State University Law Review

No abstract provided.

Credibility And Character: A Different Look At An Interminable Problem, Robert G. Lawson

Law Faculty Scholarly Articles

The problems of character evidence "resolved" by the new Federal Rules are problems that involve the structure of human personality. The judgmental processing by jurors of character information involves a behavioral transaction called interpersonal perception. Each of these psychological problems has been intensively investigated for nearly 40 years. As the character problems of the law now take on the appearance of having been solved, there is not the slightest indication that the results of this scientific endeavor influenced the choices made by the law. The solutions to these problems composed by the Judicial Conference and embraced by the Supreme Court …

Evidence Of Indictment Is Admissible To Show Motive, Bias Or Interest Of A Witness Not A Party To The Prosecution., Jess C. Rickman

St. Mary's Law Journal

Abstract Forthcoming.

Symposium: The Use Of Videotape In The Courtroom, Tom C. Clark

BYU Law Review

No abstract provided.

The Effects Of Videotape Testimony In Jury Trials: Studies On Juror Decision Making, Information Retention, And Emotional Arousal, Gerald R. Miller, David C. Bender, Frank Boster, B. Thomas Florence, Norman Fontes, John Hocking, Henry Nicholson

BYU Law Review

Summary of Contents

I. Introduction: The Nature of the Research

II. Group I : The Nugent u. Clark Studies

A. Background

1. Selecting the stimulus trial

2. Editing the transcript

3. Preparing the trial

a. Casting

b. Equipment

B. Nugent u. Clark Study

1 : live v. videotape trials 1. Questions examined

2. Procedures

a. The live presentation

b. The videotape presentation

c. The questionnaire

3. Results and discussion

a. Negligence verdicts and mean awards

b. Juror perception of attorney credibility

c. Juror information retention

d. Juror interest and motivation

4. Conclusions from Study 1

C. Nugent u. Clark Study …

An Assessment Of Videotape In The Criminal Courts, Ernest H. Short, B. Thomas Florence, Mary Alice Marsh

BYU Law Review

Summary of Contents

I. Introduction

A. A brief history of television and videotape in the justice system

B. Recent studies of videotape technology in the justice system

C. Overview of the goals and methodology of the present study

II. The Videotape System

A. The recording environment

1. Lighting

2. Spatial arrangement

3. Participant mobility

4. Acoustics

5. Electrical power

B. Production techniques

1. Video source location

2. Audio source location

3. Picture composition

a. Zooms

b. Varying video sources

c. Special effects

C. Alternative equipment combinations

1. System 1 : the single camera

2. System 2: the single camera with …

Due Process And Lay Judges, Julian T. Pierce

North Carolina Central Law Review

No abstract provided.

Olds V. State, 302 So. 2d 787 (Fla. 4th Dist. Ct. App. 1974), Henry E. Davis

Florida State University Law Review

Evidence- ATTORNEY-CLIENT PRIVILEGE- PUBLIC DEFENDER NOT AUTOMATICALLY DISQUALIFIED BY ATTORNEY-CLIENT PRIVILEGE FROM EXAMINING WITNESS WHO NEGOTIATES PLEA AND TESTIFIES AGAINST FORMER CODEFENDANT.

The Admissibility Of Social Science Evidence In Person-Oriented Legal Adjudication, Ira P. Robbins

Indiana Law Journal

No abstract provided.

Criminal Procedure--Discovery--Movement Toward Full Disclosure, Richard B. Pyles

West Virginia Law Review

No abstract provided.

Evidence Admissible During The Punishment Stage Of A Criminal Trial., Joseph F. Smith

St. Mary's Law Journal

Abstract Forthcoming.

V. Evidence

Washington and Lee Law Review

No abstract provided.

Cases And Materials On Evidence, Charles W. Joiner

Florida State University Law Review

By Mason Ladd and Ronald L. Carlson. Chicago, Ill.: Callaghan & Co. 1972. Pp. xii, 1375. $18.50.

Kentucky Law Survey: Evidence, Robert G. Lawson

Law Faculty Scholarly Articles

This article provides a survey of Kentucky case law on evidence. The author discusses: impeachment of an accused by felony convictions, the “Cotton” doctrine, vehicular accidents and expert opinions, and the burden of proof in criminal cases.

Expanding Defendant's Discovery: The Jencks Act At Pretrial Hearings, David B. Olney

Buffalo Law Review

No abstract provided.

Kentucky Law Survey: Evidence, Robert G. Lawson

Law Faculty Scholarly Articles

This article provides a survey of Kentucky case law on evidence. The author discusses: the “Cotton” doctrine, hearsay and the reported testimony exception, learned treatises, and the best evidence rule.

The Voiceprint Dilemma: Should Voices, Be Seen And Not Heard?

Maryland Law Review

No abstract provided.