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Articles 1 - 11 of 11
Full-Text Articles in Social and Behavioral Sciences
Between Brady Discretion And Brady Misconduct, Bennett L. Gershman
Between Brady Discretion And Brady Misconduct, Bennett L. Gershman
Dickinson Law Review (2017-Present)
The Supreme Court’s decision in Brady v. Maryland presented prosecutors with new professional challenges. In Brady, the Supreme Court held that the prosecution must provide the defense with any evidence in its possession that could be exculpatory. If the prosecution fails to timely turn over evidence that materially undermines the defendant’s guilt, a reviewing court must grant the defendant a new trial. While determining whether evidence materially undermines a defendant’s guilt may seem like a simple assessment, the real-life application of such a determination can be complicated. The prosecution’s disclosure determination can be complicated under the Brady paradigm because …
Use Of Soil Chemical Analysis To Detect Commercial Wildlife Game Baits, Aaron Haines, Angela Fetterolf, Meta Griffin, Tristan Conrad, Steven Kennedy
Use Of Soil Chemical Analysis To Detect Commercial Wildlife Game Baits, Aaron Haines, Angela Fetterolf, Meta Griffin, Tristan Conrad, Steven Kennedy
Human–Wildlife Interactions
Hunters and poachers often use commercially-available, nutrient-rich baits to attract wildlife game animals. We used atomic absorption spectroscopy and ion selective electrochemical analysis techniques to determine whether two common proprietary baits (Deer Cane and Acorn Rage) would leave detectable chemical signatures in soil (i.e., Na+, Cl-, and Ca+2). Our goal was to evaluate low cost tests which could be replicated by wildlife conservation officers in the field. To complete the evaluation we randomly placed two commercial baits on 3 sites in The Millersville University Biological Preserve in Millersville, PA. We collected soils samples from …
Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe
Georgia Journal of International & Comparative Law
No abstract provided.
The Admissibility Of Polygraph ("Lie Detector") Evidence Pursuant To Stipulation In Criminal Proceedings, Bruce C. Heslop
The Admissibility Of Polygraph ("Lie Detector") Evidence Pursuant To Stipulation In Criminal Proceedings, Bruce C. Heslop
Akron Law Review
American courts have traditionally held that evidence pertaining to the results of a lie-detector test is inadmissible in a criminal proceeding on behalf of either the prosecution or defense….In recent years, however, a few jurisdictions have withdrawn from the traditional approach and have admitted lie-detector evidence in limited situations, notwithstanding objection by the adverse party….The decision of whether or not to adopt the approach presented here must critically evaluate the potential value of polygraph evidence along with its potential dangers. In so doing, the courts of Ohio should determine whether a procedure may be devised to maximize the value and …
Technology Corner Visualising Forensic Data: Evidence (Part 1), Damian Schofield, Ken Fowle
Technology Corner Visualising Forensic Data: Evidence (Part 1), Damian Schofield, Ken Fowle
Journal of Digital Forensics, Security and Law
Visualisation is becoming increasingly important for understanding information, such as investigative data (for example: computing, medical and crime scene evidence) and analysis (for example: network capability assessment, data file reconstruction and planning scenarios). Investigative data visualisation is used to reconstruct a scene or item and is used to assist the viewer (who may well be a member of the general public with little or no understanding of the subject matter) to understand what is being presented. Analysis visualisations, on the other hand, are usually developed to review data, information and assess competing scenario hypotheses for those who usually have an …
Technology Corner: Visualising Forensic Data: Evidence Guidelines (Part 2), Damian Schofield, Ken Fowle
Technology Corner: Visualising Forensic Data: Evidence Guidelines (Part 2), Damian Schofield, Ken Fowle
Journal of Digital Forensics, Security and Law
Visualisation is becoming increasingly important for understanding information, such as investigative data (for example: computing, medical and crime scene evidence) and analysis (for example, network capability assessment, data file reconstruction and planning scenarios). Investigative data visualisation is used to reconstruct a scene or item and is used to assist the viewer (who may well be a member of the general public with little or no understanding of the subject matter) to understand what is being presented. Analysis visualisations, on the other hand, are usually developed to review data, information and assess competing scenario hypotheses for those who usually have an …
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
Northwestern Journal of Law & Social Policy
Much has been written about the need to videotape the entire process of police interrogation of suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC) ratified a uniform recording statute for consideration by the states. I was …
Applying The Acpo Principles In Public Cloud Forensic Investigations, Harjinder S. Lallie, Lee Pimlott
Applying The Acpo Principles In Public Cloud Forensic Investigations, Harjinder S. Lallie, Lee Pimlott
Journal of Digital Forensics, Security and Law
The numerous advantages offered by cloud computing has fuelled its growth and has made it one of the most significant of current computing trends. The same advantages have created complex issues for those conducting digital forensic investigations. Digital forensic investigators rely on the ACPO (Association of Chief Police Officers) or similar guidelines when conducting an investigation, however the guidelines make no reference to some of the issues presented by cloud investigations. This study investigates the impact of cloud computing on ACPO’s core principles and asks whether these principles can still be applied in a cloud investigation and the challenges presented …
Digital Evidence Education In Schools Of Law, Aaron Alva, Barbara Endicott-Popovsky
Digital Evidence Education In Schools Of Law, Aaron Alva, Barbara Endicott-Popovsky
Journal of Digital Forensics, Security and Law
An examination of State of Connecticut v. Julie Amero provides insight into how a general lack of understanding of digital evidence can cause an innocent defendant to be wrongfully convicted. By contrast, the 101-page opinion in Lorraine v. Markel American Insurance Co. provides legal precedence and a detailed consideration for the admission of digital evidence. An analysis of both cases leads the authors to recommend additions to Law School curricula designed to raise the awareness of the legal community to ensure such travesties of justice, as in the Amero case, don’t occur in the future. Work underway at the University …
In Support Of Huber, Jon F. Merz
In Support Of Huber, Jon F. Merz
RISK: Health, Safety & Environment (1990-2002)
The author takes exception to two recent reviews of GALILEO'S REVENGE.
The Street Perspective: A Conversation With The Police, Patrick L. Baude
The Street Perspective: A Conversation With The Police, Patrick L. Baude
IUSTITIA
Professor Baude's purpose in this discussion is to elicit police officers' comments on what members of the legal profession ought to know about the influence of the "street perspective" in shaping those officers' attitudes towards the criminal justice system and the role they play in it. It is police insistence on the broad validity of insights which only "the street" can provide that accounts for the considerable gulf between "front-line" enforcement officers and other functionaries in (and students of) that system. Law students (and no doubt lawyers) seem uncomfortable with the notion that our system cannot adequately be understood without …