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Articles 4771 - 4800 of 5950
Full-Text Articles in Evidence
Expert Opinion From The Defendant-Physician
Expert Opinion From The Defendant-Physician
Washington and Lee Law Review
No abstract provided.
Defendant's Right To Inspect Investigative Files Of Law Enforcement Agencies
Defendant's Right To Inspect Investigative Files Of Law Enforcement Agencies
Washington and Lee Law Review
No abstract provided.
Plea Of Self-Defense: Admissibility Of Evidence Of Deceased's Character
Plea Of Self-Defense: Admissibility Of Evidence Of Deceased's Character
Washington and Lee Law Review
No abstract provided.
An Attorney In Possession Of Evidence Incriminating His Client
An Attorney In Possession Of Evidence Incriminating His Client
Washington and Lee Law Review
No abstract provided.
Evidence--Offers Of Compromise Versus Admissions Against Interest, Thomas Ryan Goodwin
Evidence--Offers Of Compromise Versus Admissions Against Interest, Thomas Ryan Goodwin
West Virginia Law Review
No abstract provided.
Evidence--Circumstantial Evidence In A Homicide Prosecution, Thomas Mckendree Chattin Jr., F. Richard Hall, John Woodville Hatcher Jr.
Evidence--Circumstantial Evidence In A Homicide Prosecution, Thomas Mckendree Chattin Jr., F. Richard Hall, John Woodville Hatcher Jr.
West Virginia Law Review
No abstract provided.
Federal Courts--Discovery--Stay Of Discovery In Civil Court To Protect Proceedings In Concurrent Criminal Action--The Pattern Of Remedies, Michigan Law Review
Federal Courts--Discovery--Stay Of Discovery In Civil Court To Protect Proceedings In Concurrent Criminal Action--The Pattern Of Remedies, Michigan Law Review
Michigan Law Review
The federal criminal discovery rules were a carefully weighed compromise between the parties' needs for information and the defendant's need for protection from inquisatorial investigation. This balance may be upset when the more liberal discovery rules in a concurrent, related civil action permit information to be obtained which is not discoverable under the criminal rules. Two recent cases, United States v. Simon and United States v. American Radiator &- Standard Sanitary Corp., illustrate the difficulty of protecting the integrity of the criminal discovery rules in such a situation.
Criminal Procedure--Evidence--Composite Drawing Not Producible Under Jencks Act--United States V. Zurita, Michigan Law Review
Criminal Procedure--Evidence--Composite Drawing Not Producible Under Jencks Act--United States V. Zurita, Michigan Law Review
Michigan Law Review
Following a bank robbery, the bank manager and his wife provided descriptions enabling an agent of the Federal Bureau of Investigation to compose drawings of the robbers which were then "approved" by each of these witnesses as being substantially accurate. At the defendant's trial four years later, he was identified by the manager and his wife as one of the robbers. The defendant, in an attempt to impeach their testimony, requested that the government be compelled under the Jencks Act to produce the original composite drawings. The trial court denied this request, stating that the production of these drawings was …
Medical Witness' Treatment By Courts, Monroe E. Trout
Medical Witness' Treatment By Courts, Monroe E. Trout
Cleveland State Law Review
An attempt has been made to review what the courts have recently said about medical witnesses and their testimony. Many questions can be asked about particular decisions, and indeed, an entire article could be written about individual cited cases. The only purpose of this paper is to review the recent decisions in order to give you a panoramic view of the type of questions which the courts are being asked to answer about the medical witness and his testimony.
Search By Consent, Jerold H. Israel
Search By Consent, Jerold H. Israel
Book Chapters
My topics this morning are eavesdropping, search by consent and entrance gained by fraud and deceit. You should be forewarned that these are areas in which the law has been "on the move" for the past few years. Changes have occurred and still more will take place in the future. I will attempt to anticipate some of those developments, but, obviously, the only safe course is keeping up-to-date through continuing education. In covering my assigned topics, I hope to paint with a rather broad brush. It has always been my feeling that the pohce officer cannot be expected to learn …
Recent Developments In The Law Of Search And Seizure, Jerold H. Israel
Recent Developments In The Law Of Search And Seizure, Jerold H. Israel
Book Chapters
This article is designed to provide a survey of recent decisions dealing with several important issues in the area of search and seizure. It is intended primarily as a basic collection of sources. I have, therefore, sought to keep my own commentary at a minimum and the citations to relevant cases at a maximum. Wherever space permits, I have let the courts speak for themselves. In most instances, however, it has been necessary to provide fairly general descriptions of the cases.
'Custodial Interrogation' Within The Meaning Of Miranda, Yale Kamisar
'Custodial Interrogation' Within The Meaning Of Miranda, Yale Kamisar
Book Chapters
The primary conceptual hurdle confronting the Miranda Court was the "legal reasoning" that any and all police interrogation is unaffected by the privilege against self-incrimination because such interrogation does not involve any kind of judicial process for the taking of testimony; inasmuch as police officers have no legal authority to compel statements of any kind, there is no legal obligation, ran the argument, to which a privilege can apply. See, e.g., the discussion and authorities collected in Kamisar, A Dissent from the Miranda Dissents: Some Comments on the "New" Fifth Amendment and the Old "Voluntariness" Test, 65 MICH. L. REv. …
The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl
The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl
Villanova Law Review (1956 - )
No abstract provided.
The Presently Expanding Concept Of Judicial Notice, Fortunata Giudice, C. William Kraft
The Presently Expanding Concept Of Judicial Notice, Fortunata Giudice, C. William Kraft
Villanova Law Review (1956 - )
No abstract provided.
The Authorization Card Dilemma, Michael F. Rosenblum
The Authorization Card Dilemma, Michael F. Rosenblum
Villanova Law Review (1956 - )
No abstract provided.
The Truth-In-Negotiating Clause Of P.L. 87-653 As Interpreted By The Armed Services Board Of Contract Appeals, John D. Lanoue
The Truth-In-Negotiating Clause Of P.L. 87-653 As Interpreted By The Armed Services Board Of Contract Appeals, John D. Lanoue
Villanova Law Review (1956 - )
No abstract provided.
Mechanical Testimony, David J. Portmann
Mechanical Testimony, David J. Portmann
Cleveland State Law Review
This article deals with the familiar conflict of people versus machines, in considering the legal question of whether a machine can testify against an accused. It is a generally accepted principle that a person's physical appearance and characteristics are admissible in court as evidence for the purpose of identification. There is no general rule, however, which specifies what factors constitute a person's physical characteristics, and a problem arises when the courts must determine whether an accused's self-incrimination privilege is being abridged.
The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson
The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson
Kentucky Law Journal
No abstract provided.
The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson
The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson
Law Faculty Scholarly Articles
Over the years the term “presumption” has been used by virtually all courts to “designate what are more accurately termed inferences or substantive rules of law.” It has also been used as a “loose synonym for presumption of fact, presumption of law, rebuttable presumption, and irrebuttable presumption.” To this list the Kentucky Court of Appeals had added mandatory presumption, presumptive evidence, and prima facie case. Perhaps of more significance than the indiscriminate use of terminology is the extent to which courts have used “presumptions” to describe judicial reasoning of various kinds and to perform chores more appropriate to unrelated procedural …
The Law Whose Life Is Not Logic: Evidence Of Other Crimes In Criminal Cases, James W. Payne Jr.
The Law Whose Life Is Not Logic: Evidence Of Other Crimes In Criminal Cases, James W. Payne Jr.
University of Richmond Law Review
It is not the intention of the author to concentrate on generalizations in this article, but an introductory comment of a general character on this topic seems unavoidable. Assume that D is on trial for the rape of his fourteen-year-old daughter. He elects not to take the witness stand, claiming this right under the Fifth Amendment. (a) Could W, an older daughter, testify that D raped her several times when she was fourteen years old? (b) Could the prosecutor introduce evidence of a conviction of D for raping W when she was fourteen years old-i.e., would the foregoing offer of …
Erosion Of The Hearsay Rule
University of Richmond Law Review
Over a quarter of a century ago, the consensus among evidence scholars was that the rules of evidence were in need of thorough reform. Case law had become so confusing and contradictory that the American Law Institute regarded a straightforward restatement of the law of evidence as a practical impossibility. Instead that body decided upon a new proposal which might readily be adopted by the states as a comprehensive set of evidence rules. Its aim was a more sensible and simple guide for trial judge and attorney than the existing rules. Leading scholars and jurists collaborated to produce a Model …
Recent Legislation
University of Richmond Law Review
This is a summary of the legislation that came out in 1968.
Evidence (1959-1967), Dudley Warner Woodbridge
Evidence (1959-1967), Dudley Warner Woodbridge
Virginia Bar Notes
No abstract provided.
Evidence, Dudley Warner Woodbridge
The Consent Problem In Wiretapping & Eavesdropping: Surreptitious Monitoring With The Consent Of A Participant In A Conversation, Kent Greenawalt
The Consent Problem In Wiretapping & Eavesdropping: Surreptitious Monitoring With The Consent Of A Participant In A Conversation, Kent Greenawalt
Faculty Scholarship
The extent to which American society should permit wiretapping and electronic eavesdropping has been considered by judges, legislators and scholars for many years, although this consideration has yet to result in legal rules that respond rationally and consistently to the conflicting demands of privacy and effective law enforcement. Constitutional analysis has, until very recently, relied on concepts like "physical invasion of a constitutionally protected area," producing distinctions with little relation to underlying social values; statutory restrictions on wiretapping have been much more severe than those imposed on eavesdropping, though the latter, particularly in light of the rapidly developing technology, poses …
Evidence--Expert Testimony--Quantity And Quality Required To Establish Casual Relation, Linda L. Hupp
Evidence--Expert Testimony--Quantity And Quality Required To Establish Casual Relation, Linda L. Hupp
West Virginia Law Review
No abstract provided.
Evidence--Medical Treatises To Be Admitted As Direct Evidence In Wisconsin--Lewandowski V. Preferred Risk Mutual Ins. Co., Michigan Law Review
Evidence--Medical Treatises To Be Admitted As Direct Evidence In Wisconsin--Lewandowski V. Preferred Risk Mutual Ins. Co., Michigan Law Review
Michigan Law Review
Defendant's attorney in a personal injury action sought on cross-examination to impeach plaintiff's physician regarding his determination of the degree of plaintiff's disability by referring to the medical standards set forth in the American Medical Association's Guide to the Evaluation of Permanent Impairment--The Extremities and Back. Pointing to the physician's testimony that he had not relied on the Guide in making his evaluation, the trial court sustained plaintiff's objection that such cross-examination was not permissible. On appeal, the Wisconsin Supreme Court held that the trial court was correct in sustaining the objection in accordance with the established rule that it …
Burden Of Proof And Choice Of Forum In Tax Litigation, George L. Whitfield, Charles E. Mccallum
Burden Of Proof And Choice Of Forum In Tax Litigation, George L. Whitfield, Charles E. Mccallum
Vanderbilt Law Review
Since the burden of proof may be a decisive factor in tax litigation, it is important that the taxpayer be aware of the different rules in the various forums to which he may take a tax controversy, and it is essential that those rules operate fairly and consistently to enable the taxpayer to choose his forum intelligently. It is the purpose of this article to examine the burden of proof in tax litigation as it affects the choice of forum problem.
Group Therapy And Privileged Communication, Robert Jay Braman
Group Therapy And Privileged Communication, Robert Jay Braman
Indiana Law Journal
No abstract provided.
Constitutional Law - Search And Seizure - "Fruit Of Poisonous Tree" Doctrine - Jacobs V. Warden, 367 F.2d 321 (4th Cir. 1966), Gilbert A. Bartlett
Constitutional Law - Search And Seizure - "Fruit Of Poisonous Tree" Doctrine - Jacobs V. Warden, 367 F.2d 321 (4th Cir. 1966), Gilbert A. Bartlett
William & Mary Law Review
No abstract provided.