81818app手机版下载

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

Evidence Commons

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

5,010 Full-Text Articles 3,505 Authors 2,249,100 Downloads 145 Institutions

All Articles in Evidence

Faceted Search

5,010 full-text articles. Page 1 of 99.

Feigned Consensus: Usurping The Law In Shaken Baby Syndrome/Abusive Head Trauma Prosecutions, Keith A. Findley, D. Michael Risinger, Patrick D. Barnes, Julie A. Mack, David A. Moran, Barry C. Scheck, Thomas L. Bohan 2020 University of Wisconsin Law School

Feigned Consensus: Usurping The Law In Shaken Baby Syndrome/Abusive Head Trauma Prosecutions, Keith A. Findley, D. Michael Risinger, Patrick D. Barnes, Julie A. Mack, David A. Moran, Barry C. Scheck, Thomas L. Bohan

Articles

Few medico-legal matters have generated as much controversy--both in the medical literature and in the courtroom--as Shaken Baby Syndrome (SBS), now known more broadly as Abusive Head Trauma (AHT). The controversies are of enormous significance in the law because child abuse pediatricians claim, on the basis of a few non-specific medical findings supported by a weak and methodologically flawed research base, to be able to “diagnose” child abuse, and thereby to provide all of the evidence necessary to satisfy all of the legal elements for criminal prosecution (or removal of children from their parents). It is a matter, therefore, in ...


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law 81818app手机版下载

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


A Two-Stage Model For Social Network Investigations In Digital Forensics, Anne David, Sarah Morris, Gareth Appleby-Thomas 2020 Cranfield University

A Two-Stage Model For Social Network Investigations In Digital Forensics, Anne David, Sarah Morris, Gareth Appleby-Thomas

Journal of Digital Forensics, Security and Law

This paper proposes a two-stage model for identifying and contextualizing features from artefacts created as a result of social networking activity. This technique can be useful in digital investigations and is based on understanding and the deconstruction of the processes that take place prior to, during and after user activity; this includes corroborating artefacts. Digital Investigations are becoming more complex due to factors such as, the volume of data to be examined; different data formats; a wide range of sources for digital evidence; the volatility of data and the limitations of some of the standard digital forensic tools. This paper ...


"Against The Defendant": Plea Rule's Purpose V. Plain Meaning, Nick Bell 2020 University of Arkansas, Fayetteville

"Against The Defendant": Plea Rule's Purpose V. Plain Meaning, Nick Bell

Arkansas Law Review

Rarely is there a proverbial “smoking gun” in criminal prosecutions. Instead, prosecutors and defense attorneys must tell juries competing stories—largely from circumstantial evidence—and allow jurors to determine what happened based on inferences gleaned from argument and testimony. Naturally, this creates substantial uncertainty for both prosecutors and defendants. Instead of rolling the dice at trial, the vast majority of criminal matters are resolved through plea bargaining. Plea bargaining provides both sides with a certainty otherwise unobtainable through a traditional trial. The prosecution guarantees itself a conviction, and the defendant will often receive a lighter sentence than if he or ...


"Buy One Get One Free": How Reindictment Policies Permit Excessive Searches, Katie Carroll 2020 William & Mary Law School 81818app手机版下载

"Buy One Get One Free": How Reindictment Policies Permit Excessive Searches, Katie Carroll

William & Mary Bill of Rights Journal

When the government decides to stop prosecuting a case, it files a nolle prosequi with the court. Nolle prosequis are slightly different from motions to dismiss. Unlike a motion to dismiss with prejudice, a prosecutor may later reindict a defendant with the same crime without a double jeopardy issue arising after dropping the same case through nolle prosequi. Furthermore, many states do not require judicial approval for a nolle prosequi. Therefore, prosecutors can gain a number of advantages by using nolle prosequi, like avoiding speedy trial deadlines or having a second chance to win important evidentiary hearings.

81818app手机版下载The advantages of ...


Identifying Liars Through Automatic Decoding Of Children's Facial Expressions, Kaila Bruer, Sarah Zanette, Xiaopan Ding, Thomas D. Lyon, Kang Lee 2020 University of Regina

Identifying Liars Through Automatic Decoding Of Children's Facial Expressions, Kaila Bruer, Sarah Zanette, Xiaopan Ding, Thomas D. Lyon, Kang Lee

University of Southern California Legal Studies Working Paper Series

This study explored whether children’s (N=158; 4-9 years-old) nonverbal facial expressions can be used to identify when children are being deceptive. Using a computer vision program to automatically decode children’s facial expressions according to the Facial Action Coding System, this study employed machine learning to determine whether facial expressions can be used to discriminate between children who concealed breaking a toy(liars) and those who did not break a toy(nonliars). Results found that, regardless of age or history of maltreatment, children’s facial expressions could accurately (73%) distinguished between liars and nonliars. Two emotions, surprise and ...


Order Of Encoding Predicts Young Children's Responses To Sequencing Questions, J. Zoe Klemfuss, Kelly McWilliams, Hayden M. Henderson, Alma P. Olaguez, Thomas D. Lyon 2020 University of California, Irvine

Order Of Encoding Predicts Young Children's Responses To Sequencing Questions, J. Zoe Klemfuss, Kelly Mcwilliams, Hayden M. Henderson, Alma P. Olaguez, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

We propose that young children exhibit an order of encoding bias, such that they are inclined to report or act out events in the order in which they were originally encoded. This bias helps to explain why children assume that events they first hear described are in chronological order and why they often appear to understand “after” better than “before” when they are questioned about experienced events. Asking children about a sequence of events as a whole (in particular using “first”) could avoid order of encoding biases, because children would not have to answer questions about events within the sequence ...


Forensic Interviewers' Difficulty With Invitations: Faux Invitations And Negative Recasting, Hayden M. Henderson, Natalie Russo, Thomas D. Lyon 2020 University of Southern California, Gould School of Law

Forensic Interviewers' Difficulty With Invitations: Faux Invitations And Negative Recasting, Hayden M. Henderson, Natalie Russo, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

An ongoing challenge for forensic interviewers is to maximize their use of invitations, such as requests that the child “tell me more about” details mentioned by the child. Examining 434 interviews with 4- to 12-year-old children questioned about abuse, this study analyzed (1) faux invitations, in which interviewers prefaced questions with “tell me” but then asked a non-invitation, (2) negative recasts, in which interviewers started to ask an invitation but then recast the question as a wh- or option-posing question and (3) other aspects of questions that may relate to productivity independent of their status as invitations. About one fourth ...


Industry-Influenced Evidence: Bias, Conflict, And Manipulation In Scientific Evidence, Dean A. Elwell 2020 Boston College Law School

Industry-Influenced Evidence: Bias, Conflict, And Manipulation In Scientific Evidence, Dean A. Elwell

Boston College Law Review

In 2008, in Exxon Shipping Co. v. Baker, the U.S. Supreme Court refused to consider scientific studies that a litigant had funded. Despite this rejection, many courts have failed even to recognize the dangers of relying on such potentially biased research. As a result, standards for the admission of scientific evidence have evolved without accounting for the risks posed by industry-influenced evidence. This Note argues for meaningful admissibility reviews via mandatory disclosure of industry influence. In this context, the evidentiary fraud doctrine should guide applications of Frye v. United States and Daubert v. Merrell Dow Pharmaceuticals, Inc.


Toward A More Apparent Approach To Considering The Admission Of Expert Testimony, Thomas D. Schroeder 2020 Chief United States District Judge, Middle District of North Carolina; Member, United States Judicial Conference Advisory Committee on the Federal Rules of Evidence; Chair of Subcommittee on Rule 702; Senior Lecturer, Duke University School of Law; Member, American Law Institute

Toward A More Apparent Approach To Considering The Admission Of Expert Testimony, Thomas D. Schroeder

Notre Dame Law Review

This Article highlights lingering confusion in the caselaw as to the proper standard for the trial court’s discharge of its gatekeeping role for the admission of expert testimony. The Article urges correction of the faulty application of Daubert81818app手机版下载’s admonition as to “shaky but admissible” evidence as a substitute for proper discharge of the trial court’s gatekeeper function under Rule 104(a). The Article concludes with several suggestions for trial and appellate courts to consider for better decisionmaking in discharging their duty to apply Rule 104(a)’s preponderance standard to the elements of Rule 702.


Commentary: Scientific Evidence - From A "Deferent" To A "Novice" Judge: Comments On Zoppellari's Paper, Marko Novak 2020 New University, European Faculty of Law 81818app手机版下载

Commentary: Scientific Evidence - From A "Deferent" To A "Novice" Judge: Comments On Zoppellari's Paper, Marko Novak

OSSA Conference Archive

No abstract provided.


The Acquisition Of Scientific Evidence Between Frye And Daubert. From Ad Hominem Arguments To Cross-Examination Among Experts, Lorenzo Zoppellari 2020 University of Trento

The Acquisition Of Scientific Evidence Between Frye And Daubert. From Ad Hominem Arguments To Cross-Examination Among Experts, Lorenzo Zoppellari

OSSA Conference Archive

81818app手机版下载The Frye and Daubert rulings give us two very different ways to intend the relation between law and science. Through the contributions of Wellman and Walton, we will see how the main method to question the expert’s testimony before a judge deferent to science is to question her personal integrity by using ad hominem arguments. Otherwise, using Alvin Goldman’s novice/expert problem, we will investigate if other manners of argumentative cross-examinations are possible.


Meta-Evidence And Preliminary Injunctions, Maggie Wittlin 2020 University of California, Irvine School of Law

Meta-Evidence And Preliminary Injunctions, Maggie Wittlin

UC Irvine Law Review

The decision to issue a preliminary injunction is enormously consequential; it has been likened to “judgment and execution before trial.” Yet, courts regularly say that our primary tool for promoting truth seeking at trial—the Federal Rules of Evidence—does not apply at preliminary injunction hearings. Judges frequently consider inadmissible evidence to make what may be the most important ruling in the case. This Article critically examines this widespread evidentiary practice.

81818app手机版下载In critiquing courts’ justifications for abandoning the Rules in the preliminary injunction context, this Article introduces a new concept: “meta-evidence.” Meta-evidence is evidence of what evidence will be presented ...


Evidence, W. Randall Bassett, Val Leppert, Elijah T. Staggers 2020 Mercer University School of Law

Evidence, W. Randall Bassett, Val Leppert, Elijah T. Staggers

Mercer Law Review

81818app手机版下载In the 2019 term, the United States Court of Appeals for the Eleventh Circuit issued several opinions deciding evidentiary issues. Those opinions span a broad range of topics including constitutional limitations on admissible evidence, expert testimony, the scope of certain hearsay exceptions, and various other evidentiary rules. This article looks back at the Eleventh Circuit's 2019 term to highlight and analyze keynote decisions on those issues.


The Clergy-Penitent Privilege: The Role Of Clergy In Perpetuating And Preventing Domestic Violence, Kami Orton 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law 81818app手机版下载

The Clergy-Penitent Privilege: The Role Of Clergy In Perpetuating And Preventing Domestic Violence, Kami Orton

Nevada Law Journal Forum

Domestic violence occurs at alarming rates in all socioeconomic levels, races, locations, sexual orientations, and professions. Domestic violence occurs at similar frequencies among religious and non-religious individuals. Clergy play an important role in religious communities. The clergy-penitent privilege was created to protect the relationship between clergy and communicant and prevents clergy from testifying about spiritual communications. However, the privilege is currently an absolute privilege which is unnecessary and hurts victims and survivors of domestic violence. Additionally, the statutorily written privilege is not aligned with the application and practice of the privilege. Practice indicates clergy tend to desire to testify and ...


Climate Change Science And The Daubert Standard, Fred K. Morrison, Craig Manson, Matthew C. Wickersham 2020 William & Mary Law School

Climate Change Science And The Daubert Standard, Fred K. Morrison, Craig Manson, Matthew C. Wickersham

William & Mary Environmental Law and Policy Review

81818app手机版下载Climate change science attempts to predict the future based on complex modeling of potential levels of CO2, other greenhouse gases, manmade conditions, and naturally occurring events. Even the most widely cited analysis of climate change studies expressly acknowledges the limitations on accurately predicting the effects of climate change on anything other than a macro basis.1 These studies acknowledge substantial uncertainty in the prediction of climate change and its effects on a regional level, much less on a local level.2 Recent lawsuits brought by the State of Rhode Island; the counties of King (Washington), Marin (California), and San Mateo ...


Young Children's Ability To Describe Intermediate Clothing Placement, Breanne E. Wylie, Stacia N. Stolzenberg, Kelly McWilliams, Angela Evans, Thomas D. Lyon 2020 Brock University

Young Children's Ability To Describe Intermediate Clothing Placement, Breanne E. Wylie, Stacia N. Stolzenberg, Kelly Mcwilliams, Angela Evans, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Children’s ability to adequately describe clothing placement is essential to evaluating their allegations of sexual abuse. Intermediate clothing placement (partially removed clothing) may be difficult for young children to describe, requiring more detailed explanations to indicate the location of clothing (e.g., the clothes were pulled down to the knees). The current study investigated 172 3- to 6-year-olds’ descriptions of clothing placement when responding to commonly used questions (yes/no, forced-choice, open-choice, where), as well as children’s on-off response tendencies when describing intermediate placement (i.e.., labeling the clothing as fully on or off). Results revealed that "where ...


Truth And Justice Vs. The Integrity Of The Family Unit: Family Members' Testimonies From A Comparative And Normative Viewpoint, Dr. Guy Ben-David 2020 Netanya Academic College

Truth And Justice Vs. The Integrity Of The Family Unit: Family Members' Testimonies From A Comparative And Normative Viewpoint, Dr. Guy Ben-David

Georgia Journal of International & Comparative Law

No abstract provided.


The Truthsayer And The Court: Expert Testimony On Credibility, Michael W. Mullane 2020 University of Maine School of Law 81818app手机版下载

The Truthsayer And The Court: Expert Testimony On Credibility, Michael W. Mullane

Maine Law Review

The purpose of this Article is to analyze the admissibility of expert testimony on credibility. State v. Woodburn serves as a lens to focus on the broader issues. The primary issue is an examination of expert testimony on credibility in light of the Federal Rules of Evidence and their progeny. The Rules of Evidence mandate admission or exclusion of expert testimony based on certain criteria. How are these criteria applied to expert testimony on credibility? How should they be applied? The surprising survivability of other criteria discarded by the Rules is also considered.


State V. Pinkham: Erosion Of Meaningful Forth Amendment Protection For Vehicle Stops In Maine?, Roger M. Clement Jr. 2020 University of Maine School of Law 81818app手机版下载

State V. Pinkham: Erosion Of Meaningful Forth Amendment Protection For Vehicle Stops In Maine?, Roger M. Clement Jr.

Maine Law Review

In State v. Pinkham, the Maine Supreme Judicial Court, sitting as the Law Court, held that a police officer's stop of a motorist to inquire and advise about the motorist's improper-but not illegal-lane usage did not necessarily violate the Fourth Amendment's proscription against unreasonable seizures. The Pinkham decision is the first time that the Law Court has validated the stop of a moving vehicle in the absence of either a suspected violation of law or an imminent, ongoing threat to highway safety.
This Note considers whether the Law Court was correct in sustaining the police officer's ...