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Articles 4621 - 4650 of 5950
Full-Text Articles in Evidence
The Prosecution At A Lohss: Time For Statutory Revision
The Prosecution At A Lohss: Time For Statutory Revision
Maryland Law Review
No abstract provided.
Substantive Use Of Prior Inconsistent Statements Under The Federal Rules Of Evidence, Walker Jameson Blakey
Substantive Use Of Prior Inconsistent Statements Under The Federal Rules Of Evidence, Walker Jameson Blakey
Kentucky Law Journal
No abstract provided.
Kentucky Law Survey: Evidence, Robert G. Lawson
Kentucky Law Survey: Evidence, Robert G. Lawson
Kentucky Law Journal
No abstract provided.
Pretrial Discovery Of Government Informers In Federal Narcotics Cases: A Defense Tool, 9 J. Marshall J. Prac. & Proc. 221 (1975), Richard F. Walsh
Pretrial Discovery Of Government Informers In Federal Narcotics Cases: A Defense Tool, 9 J. Marshall J. Prac. & Proc. 221 (1975), Richard F. Walsh
UIC Law Review
No abstract provided.
The Effects Of Tucker On The Fruits Of Illegally Obtained Statements, Jeffery P. Reinhard
The Effects Of Tucker On The Fruits Of Illegally Obtained Statements, Jeffery P. Reinhard
Cleveland State Law Review
Although the Court has been careful to point out that illegally obtained statements are not admissible in the prosecution's case in chief, Michigan v. Tucker has done much to erode even that principle. In Tucker, the Court found admissible the testimony of a witness whose identity was learned solely on the basis of a statement obtained from the defendant in violation of the guidelines set forth in Miranda. Despite the Court's statement that it was significant that the interrogation preceded Miranda, and notwithstanding its reiteration of the principle that the defendant's statements would not have been admissible in the prosecution's …
Juvenile Delinquency Proceedings In Ohio: Due Process And The Hearsay Dilemma, Sara E. Strattan
Juvenile Delinquency Proceedings In Ohio: Due Process And The Hearsay Dilemma, Sara E. Strattan
Cleveland State Law Review
This comment will explore the extent to which the exclusion of hearsay evidence in a delinquency proceeding is a practical reality in the Ohio system. In so doing, the possibilities for abuse will be highlighted and suggestions for their elimination will be made, all in the spirit of the Supreme Court's mandate to provide fundamental due process safeguards to this procedure.
The Psychological Stress Evaluator: Yesterday's Dream - Tomorrow's Nightmare, Deborah Lewis Hiller
The Psychological Stress Evaluator: Yesterday's Dream - Tomorrow's Nightmare, Deborah Lewis Hiller
Cleveland State Law Review
This note will examine the manner in which the Psychological Stress Evaluator functions and explore the legal implications stemming from its use as a lie detector. More specifically, three issues which arise in connection with the use of the PSE will be discussed: first, the validity and reliability of the PSE; second, the admissibility of PSE test results in evidence; and third, the potential remedies for subjects of PSE tests who have occasion to object.
The Court's Role In The Evolution Of Power Over Land, John W. Ragsdale Jr, Richard P. Sher
The Court's Role In The Evolution Of Power Over Land, John W. Ragsdale Jr, Richard P. Sher
Faculty Works
No abstract provided.
Evidence-Defendant's Confession Following Confrontation With Illegally Seized Evidence Not Excluded Where Independent Motive Induced The Confession
University of Richmond Law Review
The "fruit of the poisonous tree" doctrine is a refinement of the exclusionary rule of evidence. This rule prevents the admission of secondary evidence (the fruit) discovered or derived from evidence obtained in an unlawful search (the poisonous tree). In this area of search and seizure, courts have excluded confessions made after the accused has been confronted with illegally seized evidence, once it was shown that the confes- sion was caused or induced by the confrontation.
A Practitioner's Guide To The Federal Rules Of Evidence
A Practitioner's Guide To The Federal Rules Of Evidence
University of Richmond Law Review
On July 1, 1975, the Federal Rules of Evidence went into effect. President Ford's signature on Public Law 93-595 was the culmination of nearly twenty years of study, drafting, and debate. Obviously the decision to codify federal evidence law was not lightly made, but the desire for uniformity ultimately made the Rules possible. As with all major legislation, compromise was necessary and certain areas of the law were left untouched. Criminal presumptions represent one such area. In other areas, such as privilege, only minimal codification was possible. The final result is a good set of rules, but one which might …
Kentucky Law Survey: Evidence, Robert G. Lawson
Kentucky Law Survey: Evidence, Robert G. Lawson
Kentucky Law Journal
No abstract provided.
Res Gestae And The Excited Utterance: An Explanation Of The Kentucky Approach, Henry L. Stephens
Res Gestae And The Excited Utterance: An Explanation Of The Kentucky Approach, Henry L. Stephens
Kentucky Law Journal
No abstract provided.
Bad News And Good News, John W. Reed
Bad News And Good News, John W. Reed
Other Publications
Law schools do one thing superbly well: they teach the intellectual skills of reasoning, of distinction drawing, of deductive and inductive logic, of anlysis and synthesis. These are heavily verbal skills, at least in the context in which lawyers employ them, and students are tested for their mastery of these skills by written examinations. If one does well, he or she is placed on the law review, where these particular skills are honed even further.
Evidence Of Post-Accident Failures, Modifications And Design Changes In Products Liability Litigation., Don L. Davis
Evidence Of Post-Accident Failures, Modifications And Design Changes In Products Liability Litigation., Don L. Davis
St. Mary's Law Journal
Abstract Forthcoming.
The Compulsory Process Clause, Peter Westen
The Compulsory Process Clause, Peter Westen
Michigan Law Review
Part I of this article traces the history of compulsory process, from its origin in the English transition from an inquisitional to an adversary system of procedure to its eventual adoption in the American Bill of Rights. Part II examines the Supreme Court's seminal decision in Washington v. Texas, which recognized after a century and a half of silence that the compulsory process clause was designed to enable the defendant not only to produce witnesses, but to put them on the stand and have them heard. Part III studies the implications of compulsory process for the defendant's case, from the …
Stanton V. Stanton, Lewis F. Powell Jr.
Stanton V. Stanton, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Oregon V. Hass, Lewis F. Powell Jr.
A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt
A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt
Florida State University Law Review
No abstract provided.
Yonge V. Askew, 293 So. 2d 395 (Fla. 1st Dist. Ct. App. 1974), Florida State University Law Review
Yonge V. Askew, 293 So. 2d 395 (Fla. 1st Dist. Ct. App. 1974), Florida State University Law Review
Florida State University Law Review
Administrative Law- JUDICIAL REVIEW- REPORTS OF STATE AGENCIES CONSTITUTE COMPETENT SUBSTANTIAL EVIDENCE TO SUPPORT DENIAL OF DREDGE AND FILL PERMIT APPLICATION EVEN THOUGH REPORTING AGENCY HAS NO JURISDICTION OVER PROPOSED PROJECT.
A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt
A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt
Scholarly Publications
The law of evidence had been codified in three states, California, New Jersey and Kansas, prior to the United States Supreme Court's promulgation of the Proposed Federal Rules of Evidence. The submission of the rules to the Congress, and their approval, as amended, by the House of Representatives served as the catalyst for renewed interest in evidence codification. Three states have recently adopted comprehensive Rules of Evidence that closely parallel the Proposed Federal Rules, and at least four other states, including Florida, have drafted or are actively considering the adoption of such a codification. During the 1974 session of the …
The Working Man's Nemesis - The Polygraph, Victor Jerome Boone
The Working Man's Nemesis - The Polygraph, Victor Jerome Boone
North Carolina Central Law Review
No abstract provided.
Evidence—Congressional Preemption Of The Federal Rules Of Evidence—Pub. L. No. 93-12, 87 Stat. 9 (Mar. 30, 1973), Lyle K. Wilson
Evidence—Congressional Preemption Of The Federal Rules Of Evidence—Pub. L. No. 93-12, 87 Stat. 9 (Mar. 30, 1973), Lyle K. Wilson
Washington Law Review
This history is indicative of the conflict between the Court and Congress over the Court's authority to promulgate rules of evidence. Central to this controversy is the question of whether rules of evidence are substantive or procedural. This note is devoted to a discussion of that issue, ultimately arriving at the conclusion that most of the rules which were prescribed by the Court are procedural in nature and, therefore, within the Court's power to prescribe rules of practice and procedure under the enabling acts.
Preliminary Questions Of Fact: A New Theory, Charles V. Laughlin
Preliminary Questions Of Fact: A New Theory, Charles V. Laughlin
Washington and Lee Law Review
No abstract provided.
Ordering A New Trial After Sustaining Defendant's Motion To Correct Errors Under Indiana Trial Rule 59 Alleging Insufficient Evidence In A Nonjury Trial, Dennis L. Moeschl
Ordering A New Trial After Sustaining Defendant's Motion To Correct Errors Under Indiana Trial Rule 59 Alleging Insufficient Evidence In A Nonjury Trial, Dennis L. Moeschl
Indiana Law Journal
No abstract provided.
Judicial Notice: An Exercise In Exorcism, E. F. Roberts
Judicial Notice: An Exercise In Exorcism, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
The Admissibility Of Prior-Crimes Evidence In Prosecutions For Child Abuse
The Admissibility Of Prior-Crimes Evidence In Prosecutions For Child Abuse
Washington and Lee Law Review
No abstract provided.
Evidence Code: Privileges, Charles W. Ehrhardt
Evidence Code: Privileges, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: Hearsay, Charles W. Ehrhardt
Evidence Code: Hearsay, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: Presumptions, Charles W. Ehrhardt
Evidence Code: Presumptions, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence—New York Press Shield Law Applies Only When Confidential Relationship Exists Between A Newsman And His Source., Robert L. Nisely
Evidence—New York Press Shield Law Applies Only When Confidential Relationship Exists Between A Newsman And His Source., Robert L. Nisely
Buffalo Law Review
WBAI-FM v. Proskin, 42 App. Div. 2d 5, 344 N.Y.S.2d 393 (3d Dep't 1973).