Open Access. Powered by Scholars. Published by Universities.®

Evidence Commons™

Open Access. Powered by Scholars. Published by Universities.®

5,943 Full-Text Articles 4,680 Authors 6,992,888 Downloads 145 Institutions

All Articles in Evidence

Faceted Search

5,943 full-text articles. Page 114 of 115.

Coconspirators, “Coventurers,” And The Exception Swallowing The Hearsay Rule, Ben L. Trachtenberg 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, Maxine D. Goodman 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 , Laurie Shanks 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, Christopher A. Khatami 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, Susan Haack 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, Scott E. Sundby, Lucy B. Ricca 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, Christopher Ogolla 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, Daniel L. Cork, Vijayan N. Nair, John E. Rolph 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, Michael L. Perlin, Valerie McClain 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, Nancy Levit 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, David W. Degnan 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 , Angad Singh 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, Fredric I. Lederer 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., Ghotbaddin Zahedian 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, Paul C. Giannelli 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, Colin P. Marks 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, Aviva A. Orenstein 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, Aviva A. Orenstein 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, John E.B. Myers 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, Bennett Capers 2010 Brooklyn Law School

Crime Music, Bennett Capers

Faculty Scholarship

No abstract provided.


Digital Commons powered by bepress