Life After Daubert V. Merrell Dow: Maine As A Case Law Laboratory For Evidence Rule 702 Without Frye,
2018
University of Maine School of Law
Life After Daubert V. Merrell Dow: Maine As A Case Law Laboratory For Evidence Rule 702 Without Frye, Leigh Stephens Mccarthy
Maine Law Review
In reaching its recent decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., the United States Supreme Court grappled not with case law but with fundamental questions about the nature of science and its role in law. The court in Daubert addressed the problematic issue of admissibility of expert scientific testimony. In the end the Court rejected as an exclusionary rule the venerable standard set in 1923 by Frye v. United States. Frye held that scientific testimony was to be excluded unless it had gained “general acceptance” in its field. Daubert held that Rule 702 of the Federal Rules of Evidence …
Prosecutorial Summation: Where Is The Line Between "Personal Opinion" And Proper Argument?,
2018
University of Maine School of Law
Prosecutorial Summation: Where Is The Line Between "Personal Opinion" And Proper Argument?, James W. Gunson
Maine Law Review
Prosecutorial forensic misconduct has become front page news in Maine. Since April of 1993, the Maine Supreme Judicial Court, sitting as the Law Court, has reversed convictions in three highly publicized cases based on remarks made by the prosecutor. In State v. Steen, the prosecutor asked the defendant to give his opinion concerning the veracity of other witnesses and suggested in closing argument that the favorable testimony given by the defense's expert witness resulted from the fee he had received. The Law Court vacated the gross sexual assault conviction, finding that the prosecutor's questions and closing argument “clearly suggested” to …
Reforming Indonesian Rape Law: Adopting U.S. Rape Shield Law In Excluding Prejudicial Evidence,
2018
Faculty of Law, Universitas Indonesia, Indonesia
Reforming Indonesian Rape Law: Adopting U.S. Rape Shield Law In Excluding Prejudicial Evidence, Choky R. Ramadhan
Indonesia Law Review
Rape is a complicated crime in term of law enforcement. It is usually occurred by someone who has close relationship or connection to the victim. The availability of evidence is also limited. Unfortunately, sexual violence victim often does not receive proper handling from law enforcement. In several cases, the judge undermined victim’s testimony because of past sexual history and lack of resistance that led to more lenient punishment or acquit the defendant. Therefore, I assert that rape law itself should be revised to minimize judge’s prejudice or bias to several shreds of evidence. I suggest that Indonesia could learn from …
Litigation Academy Helps Lawyers Hone Skills 4-30-2018,
2018
Providence Journal
Litigation Academy Helps Lawyers Hone Skills 4-30-2018, Katie Mulvaney, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Improving The Role Of Experts Under Indonesian Criminal Procedure Law: Lessons Learned From The Dutch Legal System,
2018
Department of Criminal Law and Criminology, Faculty of Law, Maastricht University, Netherlands
Improving The Role Of Experts Under Indonesian Criminal Procedure Law: Lessons Learned From The Dutch Legal System, Josua Sitompul
Indonesia Law Review
This article attempts to scrutinize the role of expert under KUHAP and examine how Indonesian courts have interpreted and applied relevant rules and principles of the expert in selected cybercrime cases. It finds that the main role of expert in such cases is providing the courts with opinions on the legal and technical meanings of the legal provisions at stake and their contextualization in the cases. This raises a question whether law enforcement agencies comprehend the execution of the provisions. It also shows that law enforcement agencies are not always interested in getting digital forensic examination from which electronic evidence …
Life Course Outcomes For Juveniles: Contact With The Criminal Justice System As A Turning Point,
2018
Bowling Green State University
Life Course Outcomes For Juveniles: Contact With The Criminal Justice System As A Turning Point, Dominique Tauffner
Honors Projects
This research investigated the life course outcomes of respondents who have been arrested during adolescence. Although the creation of the juvenile justice system is relatively recent, only existing for 119 years, there is a need for data on the impact this system has on society. The pre-existing knowledge and literature on juvenile delinquency and the criminal justice system often fails to capture longitudinal data. Most scholars on this issue will discuss the immediate effects of things like incarceration and placement or what influences delinquency, ignoring the long-term consequences or life outcomes of those that have been arrested prior to 18. …
The Inside-Out Prison Exchange Program: Attitudes Towards Prisoners As Reported By College Students,
2018
Georgia Southern University
The Inside-Out Prison Exchange Program: Attitudes Towards Prisoners As Reported By College Students, Laurel M. Sabadosh
Honors College Theses
The Inside-Out Prison Exchange Program involves students from Georgia Southern University and inmates from Smith State Prison who interact and hope to receive a deeper understanding of the justice system through experiential learning. This style of learning has demonstrated greater effectiveness in learning outcomes and a more positive student experience compared to classical, lecture-based learning. No previous research has compared changes in perceptions of students in the Inside-Out Program to a lecture based course of the same content. The purpose of this study was to investigate changes in students’ attitudes towards prisoners over eight weeks between participants in the Inside-Out …
Taking The Fifth: How The Tenth Circuit Determined The Right Against Self-Incrimination Is "More Than A Trial Right" In Vogt V. City Of Hays,
2018
Pepperdine University
Taking The Fifth: How The Tenth Circuit Determined The Right Against Self-Incrimination Is "More Than A Trial Right" In Vogt V. City Of Hays, Daniel J. De Cecco
Pepperdine Law Review
In Vogt v. City of Hays, the United States Court of Appeals for the Tenth Circuit ruled that the Fifth Amendment right against self-incrimination is more than a trial right and applies to the use of compelled statements in probable cause hearings as well as in criminal trials. While the Self-Incrimination Clause states that the right applies “in a criminal case,” there is a circuit split regarding the definition of a “criminal case.” The Tenth Circuit joined the Second, Seventh, and Ninth Circuits in finding that the right against self-incrimination applies to more than a trial, relying on the common …
Csi4fs - A Markerless Augmented Reality Application For Forensic Science Crime Scene Investigation Training,
2018
Morehead State University
Csi4fs - A Markerless Augmented Reality Application For Forensic Science Crime Scene Investigation Training, Ian Levstein
Morehead State Theses and Dissertations
A capstone submitted in partial fulfillment of the requirements for the degree of Doctor of Education in the College of Education at Morehead State University by Ian Levstein on April 9, 2018.
State V. Sample, 134 Nev. Adv. Op. 23 (Apr. 5, 2018),
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
State V. Sample, 134 Nev. Adv. Op. 23 (Apr. 5, 2018), Sara Schreiber
Nevada Supreme Court Summaries
Gregory Frank Allen Sample (“Sample”) was arrested for driving under the influence. He had failed a preliminary breath test (“PBT”). The results of the failed PBT were used to obtain a search warrant for an evidentiary blood draw. The district court suppressed the PBT results because it concluded that the results were obtained in violation of Sample’s Fourth Amendment rights. The district court also suppressed the evidentiary blood draw because it was the fruit of an illegal search. The Court held that the district court erred in invalidating the telephonic search warrant and that the evidentiary blood draw should not …
State V. Nelson: Determining "Reasonable Suspicion" For Investigatory Stops In Maine,
2018
University of Maine School of Law
State V. Nelson: Determining "Reasonable Suspicion" For Investigatory Stops In Maine, Sandra Denison Shannon
Maine Law Review
In 1994 the Maine Supreme Judicial Court, sitting as the Law Court, held in State v. Nelson that a police officer's observation of motorist Theodore Nelson consuming a single can of beer over a one-hour time period did not, by itself, give rise to a reasonable suspicion that Nelson thereafter illegally operated the vehicle under the influence of alcohol. This Note analyzes the Law Court's decision in Nelson. In its analysis, this Note compares Nelson to several other Maine opinions and recommends that, if the Maine Law Court is to continue to adhere to both objective and subjective standards in …
Trammel V. United States: Bad History, Bad Policy, And Bad Law,
2018
University of Maine School of Law
Trammel V. United States: Bad History, Bad Policy, And Bad Law, Michael W. Mullane
Maine Law Review
In 1980 the United States Supreme Court decided Trammel v. United States. The opinion changed the Spouses' Testimonial Privilege, overturning centuries of consistent case decisions. The Court based its decision on the history and effect of privilege and a straw poll of state legislative and court decisions on the issue. The Court concluded its decision would permit the admission of more spousal testimony without impairing the benefits the privilege was supposed to confer on spouses. The Court's decision in Trammel was wrong on three counts. The first was bad history overlaid with questionable analysis. The survey of the state's treatment …
Justice Edward Godfrey And The Role Of The Trial Judge In The Criminal Process,
2018
University of Maine School of Law
Justice Edward Godfrey And The Role Of The Trial Judge In The Criminal Process, Melvyn H. Zarr University Of Maine School Of Law
Maine Law Review
At the end of 1994 Dean Edward S. Godfrey III stepped down from his teaching position as Professor Emeritus of the University of Maine School of Law. In honor of his service to Maine’s only law school, to the Maine Supreme Judicial Court, to the Maine Bar, and to the people of the State of Maine, the Board and Staff dedicate Volume 47 of the Maine Law Review to Dean Edward Godfrey. Reviews by Maine Law School faculty members of Dean Godfrey’s Law Court decisions in several areas of the law follow.
Justice Godfrey And The Rules: Procedure As Substance,
2018
University of Maine School of Law
Justice Godfrey And The Rules: Procedure As Substance, L. Kinvin Wroth
Maine Law Review
At the end of 1994 Dean Edward S. Godfrey III stepped down from his teaching position as Professor Emeritus of the University of Maine School of Law. In honor of his service to Maine’s only law school, to the Maine Supreme Judicial Court, to the Maine Bar, and to the people of the State of Maine, the Board and Staff dedicate Volume 47 of the Maine Law Review to Dean Edward Godfrey. Reviews by Maine Law School faculty members of Dean Godfrey’s Law Court decisions in several areas of the law follow.
Department Of Corrections V. Superior Court: Hear No Evil,
2018
University of Maine School of Law
Department Of Corrections V. Superior Court: Hear No Evil, Aaron T. Morel
Maine Law Review
On December 9, 1991, professional ethical and moral considerations prompted heated litigation in Department of Corrections v. Superior Court. Justice Donald G. Alexander of Maine's Superior Court displayed considerable foresight while sentencing two borderline mentally retarded child sex offenders. Although both defendants had committed repugnant crimes, Justice Alexander anticipated that they would be subjected to impermissible abuse if incarcerated in the Department of Corrections. He believed that preventive measures were necessary to ensure the safety of the defendants being sentenced and to avoid the potential that conditions of their incarceration would amount to cruel and unusual punishment. Justice Alexander subsequently …
Basic Trial Advocacy,
2018
University of Maine School of Law
Basic Trial Advocacy, Michael W. Mullane
Maine Law Review
Mary Crates taught me to “begin as you mean to go on.” Peter Murray's book is a good place to begin for those embarking on a life of trial advocacy. For those of us whose beginnings are distant and often painful memories, it is an excellent reminder of where we meant to go. Trial advocacy is an infinitely complex task. This simple fact is both its joy and curse. Teaching trial advocacy is equally difficult. There is no “never” and no “always.” There is a host of commonly accepted maxims, many of which are contradictory on their face and all …
A Measure Of Our Justice System: A Look At Maine's Indigent Criminal Defense Delivery System,
2018
University of Maine School of Law
A Measure Of Our Justice System: A Look At Maine's Indigent Criminal Defense Delivery System, Ronald W. Schneider Jr.
Maine Law Review
This Comment will examine briefly the history of the right to counsel and the accompanying right to the effective assistance of counsel in this country. At the time the Sixth Amendment was included in the Bill of Rights, the United States rejected the English practice of denying the right to counsel to those accused of felonies while granting the right to those charged with misdemeanors. People in the United States have enjoyed the right to counsel in all criminal cases, felonies and misdemeanors, since 1791. Yet in a very real and dangerous sense, the courts have reversed the course of …
Race And The Federal Criminal Justice System: A Look At The Issue Of Selective Prosecution,
2018
University of Maine School of Law
Race And The Federal Criminal Justice System: A Look At The Issue Of Selective Prosecution, Drew S. Days Iii
Maine Law Review
The Fourth Annual Frank M. Coffin Lecture on Law and Public Service was held on September 13, 1995. Following Dean Donald Zillman's opening remarks, The Honorable Drew S. Days III, Solicitor General of the United States, presented “Race and the Federal Criminal Justice System: A Look at the Issue of Selective Prosecution.” The Board and Staff of Volume 48 are honored to publish his remarks in their entirety.
Some Questions Of Development Of The Legislation On Operational-Search
Activity,
2018
Higher education courses
Some Questions Of Development Of The Legislation On Operational-Search Activity, V Karimov
ProAcademy
The article analyzes som e aspects o f im proving the legislation on o pe ra tio na l-in ve stig ative activity.
Some Questions Of Development Of The Legislation On Operational-Search
Activity,
2018
Higher education courses
Some Questions Of Development Of The Legislation On Operational-Search Activity, V Karimov
ProAcademy
The article analyzes som e aspects o f im proving the legislation on o pe ra tio na l-in ve stig ative activity.
