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Policing The Admissibility Of Body Camera Evidence, Jeffrey Bellin, Shevarma Pemberton 2019 William & Mary Law School

Policing The Admissibility Of Body Camera Evidence, Jeffrey Bellin, Shevarma Pemberton

Faculty Publications

Body cameras are sweeping the nation and becoming, along with the badge and gun, standard issue for police officers. These cameras are intended to ensure accountability for abusive police officers. But, if history is any guide, the videos they produce will more commonly be used to prosecute civilians than to document abuse. Further, knowing that the footage will be available as evidence, police officers have an incentive to narrate body camera videos with descriptive oral statements that support a later prosecution. Captured on an official record that exclusively documents the police officer’s perspective, these statements—for example, “he just ...


The Utility Of Direct Questions In Eliciting Subjective Content From Children Disclosing Sexual Abuse, Stacia N. Stolzenberg, Shanna Williams, Kelly McWilliams, Catherine Liang, Thomas D. Lyon 2019 Arizona State University

The Utility Of Direct Questions In Eliciting Subjective Content From Children Disclosing Sexual Abuse, Stacia N. Stolzenberg, Shanna Williams, Kelly Mcwilliams, Catherine Liang, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Background: Children alleging sexual abuse rarely exhibit emotion when disclosing, but they may be able to describe their subjective reactions to abuse if asked.

Objective: This study examined the extent to which different types of questions in child sexual abuse interviews elicited subjective content, namely emotional reactions, cognitive content, and physical sensations.

Participants and Setting: The study included transcripts of 205 Child Advocacy Center interviews with 4- to 12-year-old children alleging sexual abuse.

Methods: We coded questions for question type, distinguishing among invitations, wh- questions, yes/no and forced-choice questions, and suggestive questions. We coded both questions and answers for ...


Intrinsic Evidence: Do Utah Prosecutors Too Often Neglect This Avenue Of Admissibility?, Blake R. Hills 2019 Brigham Young University Law School

Intrinsic Evidence: Do Utah Prosecutors Too Often Neglect This Avenue Of Admissibility?, Blake R. Hills

Brigham Young University Journal of Public Law

No abstract provided.


Intrinsic Evidence: Do Utah Prosecutors Too Often Neglect This Avenue Of Admissibility?, 2019 Brigham Young University Law School

Intrinsic Evidence: Do Utah Prosecutors Too Often Neglect This Avenue Of Admissibility?

Brigham Young University Journal of Public Law

No abstract provided.


Thin Empirics, Comment On Allen & Pardo: Relative Plausibility And Its Critics, Dan Simon 2019 USC Gould School of Law

Thin Empirics, Comment On Allen & Pardo: Relative Plausibility And Its Critics, Dan Simon

University of Southern California Legal Studies Working Paper Series

In the target article of this symposium, Ron Allen and Michael Pardo advance the empirical claim that Relative Plausibility is the best account of juridical proof. While I tend to agree with the relative plausibility approach and endorse its holistic underpinnings, the article suffers from three weaknesses. First, the authors fail to substantiate their empirical claim. Second, the authors cite too casually to the Story Model. For all its brilliance, the story model provides too narrow a basis to serve as a general model of legal fact-finding. Finally, the authors fail to appreciate the adverse effects of holistic cognition on ...


67. The Utility Of Direct Questions In Eliciting Subjective Content From Children Disclosing Sexual Abuse., Stacia N. Stolzenberg, Shanna Williams, Kelly McWilliams, Catherine Liang, Thomas D. Lyon 2019 Arizona State University

67. The Utility Of Direct Questions In Eliciting Subjective Content From Children Disclosing Sexual Abuse., Stacia N. Stolzenberg, Shanna Williams, Kelly Mcwilliams, Catherine Liang, Thomas D. Lyon

Thomas D. Lyon

Background: Children alleging sexual abuse rarely exhibit emotion when disclosing, but they may be able to describe their subjective reactions to abuse if asked. Objective: This study examined the extent to which different types of questions in child sexual abuse interviews elicited subjective content, namely emotional reactions, cognitive content, and physical sensations.
Participants and Setting: The study included transcripts of 205 Child Advocacy Center interviews with 4- to 12-year-old children alleging sexual abuse.
Methods: We coded questions for question type, distinguishing among invitations, wh- questions, yes/no and forced-choice questions, and suggestive questions. We coded both questions and answers for ...


Legal Burdens Of Proof Under U.S. Law, Tsion Chudnovsky 2019 Loyola Law School Los Angeles

Legal Burdens Of Proof Under U.S. Law, Tsion Chudnovsky

Tsion Chudnovsky, JD

US laws defines that the legal burden of proof standard becomes more strict as potential consequences become higher. So for criminal matters, since they include the possible loss of freedom, the strictest standard applies: Beyond a reasonable doubt.

Defense has to merely illuminate a reasonable doubt about any of the required elements that have to be proven to prevail in a court trial. Criminal jury instructions require jurors unanimously find that the defendant is guilty with moral certainty. There can be no doubt amongst any jurors that the defendant is guilty.

This strict burden benefits the defendant. You can read ...


Remedying Wrongful Convictions Through Dna Testing: Expanding Post-Conviction Litigants’ Access To Dna Database Searches To Prove Innocence, Kayleigh E. McGlynn 2019 Boston College Law School

Remedying Wrongful Convictions Through Dna Testing: Expanding Post-Conviction Litigants’ Access To Dna Database Searches To Prove Innocence, Kayleigh E. Mcglynn

Boston College Law Review

Forensic science is used as evidence in criminal cases regularly. Recently, however, scientists have criticized several commonly used forensic methods that are unreliable, scientifically invalid, and have contributed to wrongful convictions. In contrast, DNA testing, which is reliable and valid, is a powerful resource for exonerating wrongfully convicted individuals. Congress and all fifty states have enacted statutes providing access to post-conviction DNA testing. Only nine states, however, have enacted statutes granting post-conviction litigants access to another important resource—law enforcement DNA database searches. Even though Congress amended the federal post-conviction DNA testing statute to provide access to DNA database searches ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Clarifying The Scope Of The Self-Incrimination Clause: City Of Hays V. Vogt, Samantha Ruben 2019 Chicago-Kent College of Law

Clarifying The Scope Of The Self-Incrimination Clause: City Of Hays V. Vogt, Samantha Ruben

Chicago-Kent Law Review

Three months after oral arguments, the Supreme Court dismissed the writ of certiorari in City of Hays v. Vogt as improvidently granted. The question in Vogt was whether the Fifth Amendment right against self-incrimination is violated when incriminating statements are used at a probable cause hearing, as opposed to a criminal trial. As a result of the “DIG,” the Court left a circuit split unresolved surrounding the meaning of a “criminal case” within the Fifth Amendment’s Self-Incrimination Clause.

This note argues that the Supreme Court should not have dismissed Vogt and should have decided that the Fifth Amendment right ...


Neuromarks, Mark Bartholomew 2019 University at Buffalo School of Law

Neuromarks, Mark Bartholomew

Journal Articles

This Article predicts trademark law’s impending neural turn. A growing legal literature debates the proper role of neuroscientific evidence. Yet outside of criminal law, analysis of neuroscientific evidence in the courtroom has been lacking. This is a mistake given that most of the applied research into brain function focuses on building better brands, not studies of criminal defendants’ grey matter. Judges have long searched for a way to measure advertising’s psychological hold over consumers. Advertisers already use brain imaging to analyze a trademark’s ability to stimulate consumer attention, emotion, and memory. In the near future, businesses will ...


Courts Increasingly Demand That Businesses Break The Law, Geoffrey Sant 2019 The University of Akron

Courts Increasingly Demand That Businesses Break The Law, Geoffrey Sant

Akron Law Review

United States courts are demanding that businesses break foreign laws at an exponentially increasing rate. A practice that was virtually unheard of only 30 years ago is now so widespread that U.S. courts are ordering foreign lawbreaking in the most trivial discovery matters. When a court receives a discovery request that violates a foreign law, it applies the 5-part Aérospatiale balancing test—a test where 4 of the 5 factors are left to the subjective decisions of the judge. By ordering foreign law breaking, our courts—often biased in favor of United States discovery rules—are encouraging abusive litigation ...


66. Younger And Older Adults’ Lie-Detection And Credibility Judgments Of Children’S Coached Reports, Alison M. O'Connor, Thomas D. Lyon, Angela D. Evans 2019 Brock University

66. Younger And Older Adults’ Lie-Detection And Credibility Judgments Of Children’S Coached Reports, Alison M. O'Connor, Thomas D. Lyon, Angela D. Evans

Thomas D. Lyon

Previous research has examined young and middle-aged adults’ perceptions of child witnesses; however, no research to date has examined how potential older adult jurors may perceive a child witness. The present investigation examined younger (18-30 years, N = 100) and older adults’ (66-89 years, N = 100) lie-detection and credibility judgments when viewing children’s truthful and dishonest reports. Participants viewed eight child interview videos where children (9 to 11 years of age) either provided a truthful report or a coached fabricated report to conceal a transgression. Participants provided lie-detection judgments following all eight videos and credibility assessments following the first two ...


Franks (Kenneth) V. State, 135 Nev. Adv. Op. 1 (Jan. 3, 2019), Scott Whitworth 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Franks (Kenneth) V. State, 135 Nev. Adv. Op. 1 (Jan. 3, 2019), Scott Whitworth

Nevada Supreme Court Summaries

The Court reviewed whether a district court’s decision to allow the State to introduce prior incidents of uncharged sexual acts as evidence of the defendant’s propensity for committing sexual offenses violated NRS 48.045(3) and concluded such evidence as long as it is first evaluated for relevance and its heightened risk of unfair prejudice.


Maltreated Children's Ability To Make Temporal Judgments Using A Recurring Landmark Event, Kelly McWilliams, Thomas D. Lyon, J A. Quas 2019 University of Southern California Law School

Maltreated Children's Ability To Make Temporal Judgments Using A Recurring Landmark Event, Kelly Mcwilliams, Thomas D. Lyon, J A. Quas

University of Southern California Legal Studies Working Paper Series

This study examined whether maltreated children are capable of judging the location and order of significant events with respect to a recurring landmark event. 167 6- to 10-year-old maltreated children were asked whether the current day, their last court visit, and their last change in placement were “near” their birthday and “before or after” their birthday. Children showed some understanding that the target event was “near” and “before” their birthday when their birthday was less than three months hence, but were relatively insensitive to preceding birthdays. Hence, children exhibited a prospective bias, preferentially answering with reference to a forthcoming birthday ...


Pleading Guilty To Innocence: How Faulty Field Tests Provide False Evidence Of Guilt, Kaelyn Phelps 2019 J.D. 2019, Roger Williams University School of Law

Pleading Guilty To Innocence: How Faulty Field Tests Provide False Evidence Of Guilt, Kaelyn Phelps

Roger Williams University Law Review

No abstract provided.


A Philosophical Basis For Judicial Restraint, Michael Evan Gold 2019 Cornell University

A Philosophical Basis For Judicial Restraint, Michael Evan Gold

Articles and Chapters

The purpose of this article is to establish a principled basis for restraint of judicial lawmaking. The principle is that all findings of fact, whether of legislative or adjudicative facts, must be based on evidence in the record of a case. This principle is grounded in moral philosophy. I will begin with a discussion of the relevant aspect of moral philosophy, then state and defend the principle, and finally apply it to a line of cases.


Burying Evidence's Dead Hand, Matthew D. Provencher 2019 J.D. 2015 Roger Williams University School of Law

Burying Evidence's Dead Hand, Matthew D. Provencher

Roger Williams University Law Review

When the Rhode Island Rules of Evidence were adopted, they displaced all inconsistent case law existing at the time. Though the Rules retain a great deal of the evidence practice that preceded them, there is much in evidence practice that changed with their adoption. Rhode Island courts have consistently applied Rule 403 in a manner that comports with practice as it existed before the enactment of the Rhode Island Rules of Evidence. That practice, though, is inconsistent with the plain language of the Rule. These doctrines must be discarded.


Where The Constitution Falls Short: Confession Admissibility And Police Regulation, Courtney E. Lewis 2019 Penn State Dickinson Law

Where The Constitution Falls Short: Confession Admissibility And Police Regulation, Courtney E. Lewis

Dickinson Law Review

A confession presented at trial is one of the most damning pieces of evidence against a criminal defendant, which means that the rules governing its admissibility are critical. At the outset of confession admissibility in the United States, the judiciary focused on a confession’s truthfulness. Culminating in the landmark case Miranda v. Arizona, judicial concern with the reliability of confessions shifted away from whether a confession was true and towards curtailing unconstitutional police misconduct. Post-hoc constitutionality review, however, is arguably inappropriate. Such review is inappropriate largely because the reviewing court must find that the confession was voluntary only by ...


Evidence Without Rules, Bennett Capers 2019 Brooklyn Law School

Evidence Without Rules, Bennett Capers

Notre Dame Law Review

Much of what we tell ourselves about the Rules of Evidence—that they serve as an all-seeing gatekeeper, checking evidence for relevance and trustworthiness, screening it for unfair prejudice—is simply wrong. In courtrooms every day, fact finders rely on “evidence”—for example, a style of dress, the presence of family members in the gallery, and of course race—that rarely passes as evidence in the formal sense, and thus breezes past evidentiary gatekeepers unseen and unchecked. This Article calls much needed attention to this other evidence and demonstrates that such unregulated evidence matters. Jurors use this other evidence to ...


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