Coconspirators, “Coventurers,” And The Exception Swallowing The Hearsay Rule,
2010
University of Missouri School of Law
Coconspirators, “Coventurers,” And The Exception Swallowing The Hearsay Rule, Ben L. Trachtenberg
Faculty Publications
In recent years, prosecutors - sometimes with the blessing of courts - have argued that when proving the existence of a “conspiracy” to justify admission of evidence under the Coconspirator Exception to the Hearsay Rule, they need show only that the declarant and the defendant were “coventurers” with a common purpose, not coconspirators with an illegal purpose. Indeed, government briefs and court decisions specifically disclaim the need to show any wrongful goal whatsoever. This Article contends that such a reading of the Exception is mistaken and undesirable. Conducted for this article, a survey of thousands of court decisions, including the …
A Hedgehog On The Witness Stand-What's The Big Idea?: The Challenges Of Using Daubert To Assess Social Science And Nonscientific Testimony,
2010
South Texas College of Law Houston
A Hedgehog On The Witness Stand-What's The Big Idea?: The Challenges Of Using Daubert To Assess Social Science And Nonscientific Testimony, Maxine D. Goodman
American University Law Review
No abstract provided.
Evaluating Children's Competency To Testify: Developing A Rational Method To Assess A Young Child's Capacity To Offer Reliable Testimony In Cases Alleging Child Sex Abuse ,
2010
Albany Law School
Evaluating Children's Competency To Testify: Developing A Rational Method To Assess A Young Child's Capacity To Offer Reliable Testimony In Cases Alleging Child Sex Abuse , Laurie Shanks
Cleveland State Law Review
This Article discusses the testimony of young children, the inadequacy of the traditional hearing used to determine the competency of such children to testify, and the ways in which the hearing might be changed to make it a meaningful process for determining the ability of a child to give reliable testimony.
City Of Los Angeles V. Alameda: The Fractured Evidence Standard For Proving A Substantial Governmental Interest,
2010
Seton Hall Law
City Of Los Angeles V. Alameda: The Fractured Evidence Standard For Proving A Substantial Governmental Interest, Christopher A. Khatami
Student Works
No abstract provided.
Federal Philosophy Of Science: A Deconstruction- And A Reconstruction,
2010
University of Miami School of Law
Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack
Articles
No abstract provided.
The Majestic And The Mundane: The Two Creation Stories Of The Exclusionary Rule,
2010
University of Miami School of Law
The Majestic And The Mundane: The Two Creation Stories Of The Exclusionary Rule, Scott E. Sundby, Lucy B. Ricca
Articles
No abstract provided.
What Are The Policy Implications Of Use Of Epidemiological Evidence In Mass Torts And Public Health Litigation,
2010
St. Thomas University College of Law
What Are The Policy Implications Of Use Of Epidemiological Evidence In Mass Torts And Public Health Litigation, Christopher Ogolla
St. Thomas Law Review
The distinctions between the standards of proof employed in epidemiology and in law inform the central thesis of this paper. This analysis began by describing the role of epidemiology in mass torts and public health litigation. It later argues that because mass torts cover such a wide area, there are several problems related to epidemiology in litigation, particularly scientific uncertainty and inconsistent factual claims. Part II discusses recent cases where epidemiological evidence was raised and debated, distinguishing between vaccine-related and non-vaccine-related cases. Courts have differentiated vaccine-related cases from non-vaccine-related cases, principally because Congress enacted a vaccine act designed to compensate …
Some Forensic Aspects Of Ballistic Imaging,
2010
Fordham Law School
Some Forensic Aspects Of Ballistic Imaging, Daniel L. Cork, Vijayan N. Nair, John E. Rolph
Fordham Urban Law Journal
Analysis of ballistics evidence (spent cartridge casings and bullets) has been a staple of forensic criminal investigation for almost a century. Computer-assisted databases of images of ballistics evidence have been used since the mid-1980s to help search for potential matches between pieces of evidence. In this article, we draw on the 2008 National Research Council Report Ballistic Imaging to assess the state of ballistic imaging technology. In particular, we discuss the feasibility of creating a national reference ballistic imaging database (RBID) from test-fires of all newly manufactured or imported firearms. A national RBID might aid in using crime scene ballistic …
Unasked (And Unanswered) Questions About The Role Of Neuroimaging In The Criminal Trial Process,
2010
New York Law School
Unasked (And Unanswered) Questions About The Role Of Neuroimaging In The Criminal Trial Process, Michael L. Perlin, Valerie Mcclain
Articles & Chapters
The robust neuroimaging debate has dealt mostly with philosophical questions about free will, responsibility, and the relationship between brain abnormalities, violence and crime. This debate, however, obscures several important issues of criminal procedure to which little attention has as of yet been paid: 1) an indigent defendant's right of access to expert testimony in cases where neuroimaging tests might be critical, 2) a defendant's competency to consent to the imposition of a neuroimaging test; and 3) the impact of antipsychotic medications on a defendant's brain at the time that such a test is performed. This article will consider these questions …
Electronic Evidence Annotated Bibliography,
2010
University of Missouri - Kansas City, School of Law
Electronic Evidence Annotated Bibliography, Nancy Levit
Faculty Works
No abstract provided.
The Expanding Duties Of Esi And In-House Counsel: Providing Defensible Preservation And Production Efforts After Swofford V. Eslinger,
2010
University of Richmond
The Expanding Duties Of Esi And In-House Counsel: Providing Defensible Preservation And Production Efforts After Swofford V. Eslinger, David W. Degnan
Richmond Journal of Law & Technology
As a general rule, companies and government agencies should plan for preservation and production before litigation is probable. This means having a document retention program. These programs ensure that documents are retained or deleted in an orderly fashion. If a company properly follows its policies and procedures, this retention program acts as a “shield” against the incomplete preservation of relevant (or “hot”) documents deleted before the proper initiation of a litigation hold. If parties do not follow, or inconsistently follow, such a program, they might have to explain what happened to a missing relevant document. Thus, a retention program might …
Stepping Out Of The Vehicle: The Potential Of Arizona V. Gant To End Automatic Searches Incident To Arrest Beyond The Vehicular Context
,
2010
American University Washington College of Law
Stepping Out Of The Vehicle: The Potential Of Arizona V. Gant To End Automatic Searches Incident To Arrest Beyond The Vehicular Context , Angad Singh
American University Law Review
No abstract provided.
Wired: What We've Learned About Courtroom Technology,
2010
William & Mary Law School
Wired: What We've Learned About Courtroom Technology, Fredric I. Lederer
Popular Media
No abstract provided.
Al-Iqrar Fi Ithbat Al-Da`Wa Fi Al-Qadaya Al-Madinah : Dirasah Muqaranah Bayna Al-Qanun Al-Madani Al-Irani Wa-Al-Madhahib Al-Khamsah.,
2010
Universiti Malaya
Al-Iqrar Fi Ithbat Al-Da`Wa Fi Al-Qadaya Al-Madinah : Dirasah Muqaranah Bayna Al-Qanun Al-Madani Al-Irani Wa-Al-Madhahib Al-Khamsah., Ghotbaddin Zahedian
Student Works (2010-2019)
The dissertation is a comparison study between madhahib fiqhiyyah (Hanafi, Maliki, Shafe'i, Hanbali, Ja’fari) and the Iranian Civil Code with regards to confession of patient, bankrupt, infant, fool, and the confession of kinship. The study is theoretical, aiming at evaluating the influence of the Ja’fari’s and another four schools of jurisprudence (Hanafi, Maliki, Shafi'i and Hanbali) on the Iranian Civil Code. In addition, the study attempts to identify the similarities and differences between the four schools of Sunni and Shiah Ja’fari in confession in civil cases. It has been done by comparing civil issues between the four schools of Ahl …
Scientific Evidence In Criminal Prosecutions - A Retrospective,
2010
Case Western Reserve University School of Law
Scientific Evidence In Criminal Prosecutions - A Retrospective, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Anticipation Misconception,
2010
University of Missouri - Kansas City, School of Law
The Anticipation Misconception, Colin P. Marks
Faculty Works
Many commentators and courts have cited to the Supreme Court decision of Hickman v. Taylor as the genesis of the work product doctrine and the requirement that, to be afforded protection, the material in question must be generated “in anticipation of litigation.” The oft quoted policy justification for the protection afforded is that attorneys should be allowed a “zone of privacy” within which to prepare their case for the client. This justification supports limiting protection only to work generated “in anticipation of litigation,” because, presumably, outside of this context there is no need for the “zone of privacy.” However, a …
Sex, Threats, And Absent Victims: The Lessons Of Regina V. Bedingfield For Modern Confrontation And Domestic Violence Cases,
2010
Indiana University Maurer School of Law
Sex, Threats, And Absent Victims: The Lessons Of Regina V. Bedingfield For Modern Confrontation And Domestic Violence Cases, Aviva A. Orenstein
Articles by Maurer Faculty
In 2004, Crawford v. Washington, authored by Justice Antonin Scalia, revolutionized the law of confrontation by requiring that, aside from two discrete exceptions, all testimonial statements (those made with the expectation that they will serve to prosecute the accused) be subject to cross-examination. This new interpretation of the Sixth Amendment confrontation clause has profoundly affected domestic violence cases, making it much harder to prosecute them successfully.
Although Justice Scalia’s approach to confrontation is new, it is strikingly similar to the analysis in Regina v. Bedingfield, a notorious English murder case, which excluded from the evidence an alleged statement by the …
Her Last Words: Dying Declarations And Modern Confrontation Jurisprudence,
2010
Indiana University Maurer School of Law
Her Last Words: Dying Declarations And Modern Confrontation Jurisprudence, Aviva A. Orenstein
Articles by Maurer Faculty
Dying declarations have taken on increased importance since the Supreme Court indicated that even if testimonial, they may present a unique exception to its new confrontation jurisprudence. Starting with Crawford v. Washington in 2004, the Court has developed strict rules concerning the use of testimonial statements made by unavailable declarants. Generally, testimonial statements (those made with the expectation that they will be used to prosecute the accused) may be admitted only if they were previously subject to cross examination. The only exceptions appear to be dying declarations and forfeiture by wrongdoing if the accused intentionally rendered the declarant unavailable.
This …
Expert Testimony In Child Sexual Abuse Litigation: Consensus And Confusion,
2010
Pacific McGeorge School of Law
Expert Testimony In Child Sexual Abuse Litigation: Consensus And Confusion, John E.B. Myers
McGeorge School of Law Scholarly Articles
No abstract provided.
Crime Music,
2010
Brooklyn Law School
