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Full-Text Articles in Evidence

Intrusion Into The Body, William G. Eckhardt Jan 1971

Intrusion Into The Body, William G. Eckhardt

Faculty Works

The thesis of this article is that the rights of servicemen should be protected with the search and seizure concepts of the fourth amendment rather than with the fifth amendment protection against self-incrimination when intrusive bodily searches are required. The Supreme Court enunciated standard for intrusion into the body found in Schmerber v. California, 384 U.S. 757 (1966). The subsequent application of this standard in the federal courts, and its adoption in the Manual for Courts-Martial, United States, 1969, (Rev.) are explored. Federal court decisions discussing the privilege against self-incrimination are contrasted with opinions of the Court of Military Appeals …


Character Evidence And The Juvenile Record, Terrence N. O'Donnell Jan 1971

Character Evidence And The Juvenile Record, Terrence N. O'Donnell

Cleveland State Law Review

When a youngster makes a mistake and is arrested for committing a crime, should that act, committed while he is still a juvenile, appear and reappear, to haunt the offender for the rest of his life? There are some people in this country who say that we are not tough enough with our young people. But even they would not want the life of a young person marred forever by a mistake which he made as a juvenile.


Searches Without Warrants, Jerold H. Israel Jan 1971

Searches Without Warrants, Jerold H. Israel

Book Chapters

My primary area of concentration today is the search made without a warrant. Studies indicate that 95 percent or more of all searches are without warrants. It is quite understandable, then, that most of the search-and-seizure litigation concerns the validity of searches without warrants.


Title Iii - Recalcitrant Witnesses, Jeffrey J. Greenbaum Jan 1971

Title Iii - Recalcitrant Witnesses, Jeffrey J. Greenbaum

University of Michigan Journal of Law Reform

This title represents a congressional attempt to codify the court-developed civil contempt practice. When a witness is granted immunity and still refuses to answer the question presented to him he can be ordered by a court to answer the specific question. Upon his continued refusal, a court can have him confined summarily until he complies with such order, or until he is no longer able to comply. Such confinement is not intended to be punitive in nature, but rather to coerce compliance with the court's order by imposing imprisonment as an alternative to answering the question. The witness will be …


Title Vi - Depositions, Peter A. Kelly Jan 1971

Title Vi - Depositions, Peter A. Kelly

University of Michigan Journal of Law Reform

Title VI expands Rule 15 of the Federal Rules of Criminal Procedure to permit the Government to depose its witnesses in certain limited classes of cases. Previously only the defendant had been accorded this right. Upon the motion of either party at any time after a criminal indictment or information has been filed, the court may order that the testimony of the party's witnesses be taken by deposition if "due to exceptional circumstances it is in the interest of justice" that such testimony be taken and preserved. Such exceptional circumstances were intended by Congress to include the existence of a …


Title Vii - Litigation Concerning Sources Of Evidence, Peter A. Kelly Jan 1971

Title Vii - Litigation Concerning Sources Of Evidence, Peter A. Kelly

University of Michigan Journal of Law Reform

There are two operative provisions of title VII, both of which mitigate previous judicially imposed restrictions on governmental collection and presentation of evidence in "any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, or other authority of the United States.” The first purports to set aside the Supreme Court's holding in the 1968 case of Alderman v. United States, in which the Court held that, in cases involving unlawful electronic surveillance, the government must make full disclosure to the defendant of all records in its possession which contain any of …


The Role Of Eyewitness Accounts In Establishing Probable Cause For The Issuance Of Search Warrants Jan 1971

The Role Of Eyewitness Accounts In Establishing Probable Cause For The Issuance Of Search Warrants

University of Richmond Law Review

The legality of entry gained through the use of a search warrant is dependent upon the legality of the means used to obtain the warrant. To justify the issuance of a search warrant the affiant must show the existence of probable cause.


Psychologist As Expert Witness In Psychiatric Questions, Elliot R. Levine Jan 1971

Psychologist As Expert Witness In Psychiatric Questions, Elliot R. Levine

Cleveland State Law Review

When the seeking of truth and the dispensing of justice require Wan evaluation of a litigant's mental functioning, the courts have traditionally looked to medically trained psychiatrists to serve as expert witnesses. In his private practice the psychiatrist frequently uses the consultative services of a clinical psychologist because psychological tests are more quantitative, less subjective, and more sensitive to the nuances of personality deviation than are the traditional psychiatric evaluative techniques. The psychologist can offer to the court, as well as the medical profession can, the opportunity for the utilization of the most scientific means and methods of appraising personality. …


Consular Officer's Amenability As Witness, Stephen J. Werber Jan 1971

Consular Officer's Amenability As Witness, Stephen J. Werber

Law Faculty Articles and Essays

The purpose of this paper is to examine various treaty provisions in an effort to ascertain the manner in which a consular officer's obligation to testify is set forth, the immunities given such an officer and some of the problems raised by both the obligation and the immunities.


Consular Officer's Amenability As Witness, Stephen J. Werber Jan 1971

Consular Officer's Amenability As Witness, Stephen J. Werber

Cleveland State Law Review

Contrary to the extensive immunities granted to members of the diplomatic service, members of consular posts are given only limited privileges and immunities. The existence and limitation of consular immunities arise by virtue of the office. Thus the consular officer can be called upon to testify in both civil and criminal matters under common law, international law, and treaty provision. In the absence of a treaty, consuls are generally exempt from giving testimony relating to matters acquired within the scope of their official duties or as to material contained in the consular archives. The purpose of this paper is to …


The Mere Evidence Rule: Need For Re-Evaluation, Leona M. Hudak Jan 1971

The Mere Evidence Rule: Need For Re-Evaluation, Leona M. Hudak

Cleveland State Law Review

This article is limited to the "mere evidence rule" as enunciated in Gouled v. United States; a brief historical sketch of the genesis of the search warrant; the two landmark decisions leading to Gouled; and, an overview of its impact upon American law, with reference to major landmark decisions. A thorough study of the rule and its application and interpretation in the various courts of the United States is book-length in proportion, as the numerous case entries under Gouled in the several editions of Shepard's United States Citations clearly illustrate. Wigmore provides a fairly comprehensive listing of decisions on illegal …


The Role Of Abandonment In The Law Of Search And Seizure: An Application Of Misdirected Emphasis, Edward G. Mascolo Jan 1971

The Role Of Abandonment In The Law Of Search And Seizure: An Application Of Misdirected Emphasis, Edward G. Mascolo

Buffalo Law Review

No abstract provided.


Title Iv - False Declarations, Jeffrey J. Greenbaum Jan 1971

Title Iv - False Declarations, Jeffrey J. Greenbaum

University of Michigan Journal of Law Reform

Title IV was designed to facilitate the bringing of federal perjury prosecutions, thereby strengthening the deterrent value of the perjury penalties and acting as a greater incentive for truthful testimony. It establishes a new false declarations statute applicable to court and grand jury proceedings, with maximum penalty slightly increased over that allowable under the previously controlling perjury statute.


Former-Testimony Exception In The Proposed Federal Rules Of Evidence, The , Michael M. Martin Jan 1971

Former-Testimony Exception In The Proposed Federal Rules Of Evidence, The , Michael M. Martin

Faculty Scholarship

According to one member of the Advisory Committee which drafted them, the proposed Rules of Evidence for the United States Courts and Magistrates were promulgated to "improve the truth-finding capacity of the courts," as well as to provide the benefits of simplification and uniformity. In much the same way that the Federal Rules of Civil Procedure have led to modernization of procedural rules in many states, the proposed Federal Rules of Evidence may be the vehicle by which improvements unsuccessfully codified in the Model Code of Evidence and the Uniform Rules of Evidence can finally be achieved across the United …


Evidence--Privileged Communications--The Attorney-Client Privilege In The Corporate Setting: A Suggested Approach, Michigan Law Review Dec 1970

Evidence--Privileged Communications--The Attorney-Client Privilege In The Corporate Setting: A Suggested Approach, Michigan Law Review

Michigan Law Review

This Note will first review the development of the personal attorney-client privilege and the extent to which the term "client" has been expanded for use with that privilege. Then, the development of the corporate attorney-client privilege will be examined with an eye toward isolating the tests that the courts have used to define the extent of the term "client." Finally, with the results of these examinations in mind, an approach will be suggested that, if adopted by the courts, could effectively eliminate the confusion that presently exists with regard to the scope of the attorney-client privilege in the corporate setting.


Securing, Examining, And Cross-Examining Expert Witnesses In Environmental Cases, David Sive May 1970

Securing, Examining, And Cross-Examining Expert Witnesses In Environmental Cases, David Sive

Michigan Law Review

It is necessary at the outset to define the scope of the problem with which this Article will deal. Environmental cases are litigated in both judicial and administrative tribunals. The judicial proceedings include plenary actions and special proceedings and are heard in both federal and state courts. The administrative proceedings include licensing proceedings before federal agencies such as the Federal Power Commission and Atomic Energy Commission. Whether such administrative proceedings are deemed quasi-judicial or not, they are within the scope of this Article so long as they are adversary and involve testimony under oath, examination and cross-examination of witnesses, a …


The Admissibility Of Evidence Obtained From An Automobile, D. L. Villarreal Apr 1970

The Admissibility Of Evidence Obtained From An Automobile, D. L. Villarreal

North Carolina Central Law Review

No abstract provided.


Criminal Procedure—Search And Seizure—Electronic Eavesdropping—Abortion: Recording Of Voluntary Conversation Between Police Agent And Defendant Admissible In Evidence.—State V. Wright, 74 Wn. 2d 355, 444 P.2d 867 (1968), Anon Apr 1970

Criminal Procedure—Search And Seizure—Electronic Eavesdropping—Abortion: Recording Of Voluntary Conversation Between Police Agent And Defendant Admissible In Evidence.—State V. Wright, 74 Wn. 2d 355, 444 P.2d 867 (1968), Anon

Washington Law Review

Informed that defendant had committed an abortion in his home, the police hired a female agent who made arrangements with the defendant by telephonic conversations, which were monitored and recorded. The agent, equipped with a hidden transmitter, kept her appointment and transmitted defendant's explanation of the abortion to the police, who again monitored and recorded the conversation. That evening she returned to defendant's home and paid the fee, and, as defendant prepared her for the operation, sent the conversation to monitoring police, who recorded it. All monitoring was done without prior court order. Just before the operation was to occur, …


The Proposed Federal Rules Of Evidence-How Will They Affect The Trial Of Cases?, Charles B. Blackmar Mar 1970

The Proposed Federal Rules Of Evidence-How Will They Affect The Trial Of Cases?, Charles B. Blackmar

Washington and Lee Law Review

No abstract provided.


Evidence--Admissibility Of Actions In Refusing To Submit To Compulsory Chemical Tests Feb 1970

Evidence--Admissibility Of Actions In Refusing To Submit To Compulsory Chemical Tests

West Virginia Law Review

No abstract provided.


Re Mccann, A Kelly Jan 1970

Re Mccann, A Kelly

Innis Christie Collection

This is an appeal pursuant to s. 11b (enacted 1968, c. 39, s. 2) of the Family Benefits Act, 1966 (Ont.), c. 54, from the decision, dated September 15, 1969, of a board of review set up to review the decisions of the Director. The right of appeal is narrow, being limited to a question of law alone.


Constitutional Law—Warrantless Search Incident To A Lawful Arrest Must Be Limited To Area Within Suspect ‘S Control, Susan Levenberg Jan 1970

Constitutional Law—Warrantless Search Incident To A Lawful Arrest Must Be Limited To Area Within Suspect ‘S Control, Susan Levenberg

Buffalo Law Review

Chimel v. California, 395 U.S. 752 (1969).


Constitutional Law—Exclusionary Rule Applied To State Liquor Authority Administrative Searches, Judith B. Ittig Jan 1970

Constitutional Law—Exclusionary Rule Applied To State Liquor Authority Administrative Searches, Judith B. Ittig

Buffalo Law Review

Matter of Finn's Liquor Shop, Inc. v. State Liquor Authority, 24 N.Y.2d 647 (1969).


Recent Developments, Various Editors Jan 1970

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Evidence--Attorney-Client Privilege--The Identity Of The Client, W. Stokes Harris Jr. Jan 1970

Evidence--Attorney-Client Privilege--The Identity Of The Client, W. Stokes Harris Jr.

Kentucky Law Journal

No abstract provided.


Tell It Like It Is Doctor! A Discussion Of Reasonable Medical Probability In Kentucky, Joe C. Savage Jan 1970

Tell It Like It Is Doctor! A Discussion Of Reasonable Medical Probability In Kentucky, Joe C. Savage

Kentucky Law Journal

No abstract provided.


The Urgent Medical Interview And Report, Moe Levine Jan 1970

The Urgent Medical Interview And Report, Moe Levine

Kentucky Law Journal

No abstract provided.


Juveniles And Their Right To A Jury Trial, Timothy E. Foley Jan 1970

Juveniles And Their Right To A Jury Trial, Timothy E. Foley

Villanova Law Review (1956 - )

No abstract provided.


Recent Developments, Various Editors Jan 1970

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Book Review, Thomas Parker Hayes Jan 1970

Book Review, Thomas Parker Hayes

Cleveland State Law Review

Reviewing Albert G. Sugarman, Examining the Medical Expert: Lectures and Trial Demonstrations, Institute of Continuing Legal Education, 1969