Topic
Evidence
915 published works
EvidenceProf Blog
Essential Reading: Tenth Circuit Finds District Court Properly Excluded Character Evidence In Campaign Contributions Appeal
By Colin Miller
Federal Rule of Evidence 404(a)(1), the mercy rule, provides thatEvidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity…
EvidenceProf Blog
Avoiding A Confrontation: Supreme Court Of Minnesota Notes That Co-Conspirator Admissions Aren’t Testimonial
By Colin Miller
Similar to federal counterpart, Minnesota Rule of Evidence 801(d)(2)(E) provides thatA statement is not hearsay if...[t]he statement is offered against a party and is...a statement by a coconspirator of the party. In…
Sentencing Law and Policy
NC’s local prosecutors urging full audit of suspect state criminal lab work
Main August 31, 2010NC's local prosecutors urging full audit of suspect state criminal lab work There's lots of interesting and important criminal justice action and debate in North Carolina these…
The Right Coast
More proofTom Smith
Here.OK. Even more proof. (hat tip D)
Civil Procedure & Federal Courts Blog
Spottswood on Live Hearings, Paper Trials
By Civil Procedure & Federal Courts Blog
Prof. Mark Spottswood (Northwestern) has posted on SSRN his article Live Hearings and Paper Trials. Here’s the abstract:This article explores a constantly recurring procedural question: When is fact-finding improved by…
Sentencing Law and Policy
Does police misconduct justify (only) a sentence reduction by precluding the death penalty?
Main August 25, 2010Does police misconduct justify (only) a sentence reduction by precluding the death penalty? The question in the title of this post is prompted by this interesting story…
EvidenceProf Blog
And No Religion Too: Fourth Circuit Fails To Find Religious Impeachment Constitutes Plain Error
By Colin Miller
Federal Rule of Evidence 610 provides thatEvidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of…
Sentencing Law and Policy
“Deal or No Deal: Why Courts Should Allow Defendants to Present Evidence that They Rejected Favorable Plea Bargains”
Main August 19, 2010"Deal or No Deal: Why Courts Should Allow Defendants to Present Evidence that They Rejected Favorable Plea Bargains" The title of this post is the title of…
EvidenceProf Blog
Identity Crisis: Oregon Court Admits Prior Crimes Evidence to Show Identity
By Colin Miller
The Court of Appeals of Oregon recently distinguished, for purposes of admitting evidence of prior crimes committed by a defendant, between the defenses of "The alleged crime never happened" and…
Sentencing Law and Policy
“The Role of Evidence in the Value of Plea Bargains”
Main August 13, 2010"The Role of Evidence in the Value of Plea Bargains" The title of this post is the title of this notable article on plea bargaining available via…