Altering Attention In Adjudication,
2013
Cornell Law School
Altering Attention In Adjudication, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie
Cornell Law Faculty Publications
Judges decide complex cases in rapid succession but are limited by cognitive constraints. Consequently judges cannot allocate equal attention to every aspect of a case. Case outcomes might thus depend on which aspects of a case are particularly salient to the judge. Put simply, a judge focusing on one aspect of a case might reach a different outcome than a judge focusing on another. In this Article, we report the results of a series of studies exploring various ways in which directing judicial attention can shape judicial outcomes. In the first study, we show that judges impose shorter sentences when …
Mock Trials And Real Justices And Judges,
2013
United States Court of Appeals for the Seventh Circuit
Mock Trials And Real Justices And Judges, Richard A. Posner
Cardozo Law Review
No abstract provided.
Survey Of Washington Search And Seizure Law:
2013 Update,
2013
Seattle University School of Law
Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens
Seattle University Law Review
This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its …
Summary Of Rugamas V. Eighth Judicial District Court, 129 Nev. Adv. Op. 46,
2013
Nevada Law Journal
Summary Of Rugamas V. Eighth Judicial District Court, 129 Nev. Adv. Op. 46, Brittany K. Puzey
Nevada Supreme Court Summaries
Original petition for a writ of mandamus or prohibition challenging a district court order denying a pretrial petition for a writ of habeas corpus based on alleged deficiencies in the grand jury proceedings.
Ringers Revisited,
2013
University of Kentucky College of Law
Ringers Revisited, Richard H. Underwood
Law Faculty Scholarly Articles
In this short essay, Professor Underwood addresses an important development in the law dealing with eyewitness testimony and the New Jersey case of State v. Henderson. He gets at the subject by looking back to a 1950s television play starring fellow Kentucky resident, William Shatner. However, in this particular instance, William Shatner would not change the world.
Evidence,
2013
Mercer University School of Law
Evidence, W. Randall Bassett, Susan M. Clare, Simon A. Rodell
Mercer Law Review
The 2012 term of the United States Court of Appeals for the Eleventh Circuit included precedential opinions providing helpful guidance on distinguishing the relevant from the irrelevant and on balancing the probative value of a criminal defendant's prior convictions with the potential for unfair prejudice. The 2012 term also included several unpublished decisions analyzing the admissibility of expert testimony under Federal Rule of Evidence 702 and the United States Supreme Court's opinion in Daubert v. Merrell Dow Pharmaceuticals, Inc. Although these unpublished decisions are not binding precedent, they can provide guidance to the practitioner on the Eleventh Circuit's view …
Challenging Judicial Notice Of Facts On The Internet Under Federal Rule Of Evidence 201,
2013
University of Arkansas at Little Rock William H. Bowen School of Law
Challenging Judicial Notice Of Facts On The Internet Under Federal Rule Of Evidence 201, Coleen M. Barger
Law Faculty Scholarship
No abstract provided.
Text Messages And The Hearsay Rule In The Aaron Hernandez Case,
2013
William & Mary Law School
Text Messages And The Hearsay Rule In The Aaron Hernandez Case, Jeffrey Bellin
Popular Media
No abstract provided.
Fifth Amendment Protection For Public Employees: Garrity And Limited Constitutional Protections From Use Of Employer Coerced Statements In Internal Investigations And Practical Considerations,
2013
Touro University Jacob D. Fuchsberg Law Center
Fifth Amendment Protection For Public Employees: Garrity And Limited Constitutional Protections From Use Of Employer Coerced Statements In Internal Investigations And Practical Considerations, J. Michael Mcguinness
Touro Law Review
No abstract provided.
Elm In The Courtroom: Application To Trial Juries,
2013
California Polytechnic State University - San Luis Obispo
Elm In The Courtroom: Application To Trial Juries, Natalie Claire Hopkins
Communication Studies
No abstract provided.
Sharpening The Tools Of An Adequate Defense: Providing For The Appointment Of Experts For Indigent Defendants In Child Death Cases Under Ake V. Oklahoma,
2013
University of San Diego
Sharpening The Tools Of An Adequate Defense: Providing For The Appointment Of Experts For Indigent Defendants In Child Death Cases Under Ake V. Oklahoma, Laurel Gilbert
San Diego Law Review
This Comment proposes that because of ongoing concerns regarding the reliability and validity of forensic science in the United States, the Due Process Clause constitutionally mandates the appointment of forensic experts for indigent defendants in criminal cases arising out of a child’s death if the prosecution relies on forensic evidence. Part II of this Comment provides an overview of the current law governing the admissibility of forensic expert testimony in criminal cases and explains why these admissibility standards create a need for the appointment of defense forensic experts to protect the rights of criminal defendants. Part III then discusses Due …
Limited Admissibility And Its Limitations,
2013
Osgoode Hall Law School of York University
Limited Admissibility And Its Limitations, Lisa Dufraimont
Articles & Book Chapters
Among the challenges facing juries and judges in adjudicating cases is the obligation to use evidence for limited purposes. Evidence inadmissible for one purpose is frequently admissible for other purposes, a situation known as "limited admissibility". Where limited admissibility arises in jury trials, courts generally deliver limiting instructions outlining the inferences that can legitimately be drawn from the evidence and identifying prohibited lines of reasoning to be avoided. Limiting instructions represent an expedient solution to limited-admissibility problems, but they create obvious problems of their own. A thoughtful observer might suspect-as psychological studies confirm-that limiting instructions are likely to fail in …
A Model For Fixing Identification Evidence After Perry V. New Hampshire,
2013
University of Michigan Law School
A Model For Fixing Identification Evidence After Perry V. New Hampshire, Robert Couch
Michigan Law Review
Mistaken eyewitness identifications are the leading cause of wrongful convictions. In 1977, a time when the problems with eyewitness identifications had been acknowledged but were not yet completely understood, the Supreme Court announced a test designed to exclude unreliable eyewitness evidence. This standard has proven inadequate to protect against mistaken identifications. Despite voluminous scientific studies on the failings of eyewitness identification evidence and the growing number of DNA exonerations, the Supreme Court's outdated reliability test remains in place today. In 2012, in Perry v. New Hampshire, the Supreme Court commented on its standard for evaluating eyewitness evidence for the first …
Book Review: Errol Morris, “A Wilderness Of Error”: Provocative But Unpersuasive,
2013
Touro University Jacob D. Fuchsberg Law Center
Book Review: Errol Morris, “A Wilderness Of Error”: Provocative But Unpersuasive, Richard C. Cahn
Touro Law Review
No abstract provided.
The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair,
2013
Touro University Jacob D. Fuchsberg Law Center
The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran
Touro Law Review
Discusses the Dreyfus affair and how the outside world viewed France's conduct. This article provides insight into how the trial was conducted and the evidence that was offered.
The Admissibility Of Cell Site Location
Information In Washington Courts,
2013
Seattle University School of Law
The Admissibility Of Cell Site Location Information In Washington Courts, Ryan W. Dumm
Seattle University Law Review
This Comment principally explores when and how a party can successfully admit cell cite location information into evidence. Beginning with the threshold inquiry of relevance, Part III examines when cell site location information is relevant and in what circumstances the information, though relevant, could be unfairly prejudicial, cumulative, or confusing. Part IV provides the bulk of the analysis, which centers on the substantive foundation necessary to establish the information’s credibility and authenticity. Part V looks at three ancillary issues: hearsay, a criminal defendant’s Sixth Amendment confrontation rights, and the introduction of a summary of voluminous records. Finally, Part VI offers …
“Lonesome Road”: Driving Without The
Fourth Amendment,
2013
Seattle University School of Law
“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz
Seattle University Law Review
The protections of the Fourth Amendment on the streets and highways of America have been drastically curtailed. This Article traces the debasement of Fourth Amendment protections on the road and how the Fourth Amendment’s core value of preventing arbitrary police behavior has been marginalized. This Article contends that the existence of a traffic offense should not be the end of the inquiry but the first step, and that defendants should be able to challenge the reasonableness even when there is proof of a traffic offense.
People V. Rojas: The Expanding Concept Of Unavailability,
2013
Pepperdine University
People V. Rojas: The Expanding Concept Of Unavailability, Brian Wade Uhl
Pepperdine Law Review
No abstract provided.
The Duty Of The Prosecutor To Disclose Unrequested Evidence: United States V. Agurs,
2013
Pepperdine University
The Duty Of The Prosecutor To Disclose Unrequested Evidence: United States V. Agurs, Christian F. Dubia Jr
Pepperdine Law Review
No abstract provided.
Discovery By The Prosecution In Criminal Cases: Prudhomme Reconsidered ,
2013
Pepperdine University
Discovery By The Prosecution In Criminal Cases: Prudhomme Reconsidered , Jon R. Rolefson
Pepperdine Law Review
No abstract provided.
