Loading…
You are here:  Home  >  Evidence
Latest

Evidentiary Use of Photographic Identification: Is it Time for New York to Reevaluate its Singular Exception?

By   /  October 17, 2014  /  Criminal Procedure, Evidence, Volume 30, Issue 4 

30 Touro Law Review 945           by

Read More →
Latest

Rape Shield Laws and the Social Media Revolution: Discoverability of Social Media—It’s Social Not Private

By   /  April 2, 2014  /  Evidence, Featured 

Law Books

Rape Shield laws serve a valuable purpose in our society. Before Rape Shield laws, rape victims were forced to prove that they were in fact victims, as opposed to willing participants. To demonstrate that the victim was a willing participant, a defendant was allowed to introduce evidence regarding the victim’s sexual predisposition or prior sexual behavior.

Read More →
Latest

The Possibility to Perpetuate Discovery Prior to Filing a Federal Complaint: Rule 27 of the Federal Rules of Civil Procedure

By   /  April 15, 2013  /  Civil Procedure, Evidence, Online Exclusive 

Lawsuit Papers

In re Liquor Salesmen’s Union Local 2D Pension Fund pertains to Salesmen’s Union Local 2D Pension Fund’s (hereinafter “Petitioner”) request for discovery from Bank of America “prior to the commencement of an action related to a certain bank account.”

Read More →
Latest

Silencing the Victims in Child Sexual Abuse Prosecutions

By   /  June 1, 2012  /  6th Amendment, Constitutional Law, Criminal Procedure, Evidence 

Silenced Man

Child sexual abuse prosecutions present challenging evidentiary and constitutional issues. Oftentimes, there is no physical evidence of the abuse. Children will frequently recant their allegations, since the vast majority of these crimes are committed by a parent, other relative, or by a friend of the family.

Read More →
Latest

The Decline of the Confrontation Clause in New York

By   /  June 1, 2012  /  6th Amendment, Constitutional Law, Criminal Procedure, Evidence 

Constitution on Flag

The First Department in Encarnacion made two highly controversial holdings on issues that did not need to be decided. First, the court’s holding continues the decline of what amounts to clear and convincing in New York. Second, the court’s holding now seems to be in contradiction with the Supreme Court’s decision in Bullcoming.

Read More →
Latest

Impeachment Methods Illustrated: Movies, Novels, and High Profile Cases

By   /  June 1, 2012  /  Civil Procedure, Criminal Procedure, Evidence 

Impeach in Dictionairy

This article will review and illustrate the various methods of impeachment authorized by the law of evidence. The methods fall under seven categories: (1) physical or mental disability relating to an attribute to be a competent witness, (2) bias, (3) convictions, (4) bad or immoral acts, (5) bad character for truth and veracity, (6) prior inconsistent statements, and (7) specific contradiction. This article focuses on the Federal Rules of Evidence, although, in many instances, state rules of impeachment, with some exceptions and variations, are consistent with the federal impeachment rules.

Read More →
Latest

Trial Evidence 2011: Advocacy, Analysis, & Illustrations

By   /  June 1, 2012  /  Civil Procedure, Criminal Procedure, Evidence 

Evidence Puzzle

This segment will review fundamental evidentiary principles as well as recent developments in evidence law, concentrating on the Federal Rules of Evidence. Many of New York’s evidence principles mirror the Federal Rules. New York is one of the relatively few states that does not have an evidence code; most New York evidence law derives from decisions of the New York courts. While mainly similar, there are some differences between federal evidence law and New York evidence law.

Read More →
Latest

Lawyers and Social Media: The Legal Ethics of Tweeting, Facebooking and Blogging

By   /  June 1, 2012  /  Employment Law, Evidence, Professional Responsibility 

Social Media Computer

This article discusses these common social media scenarios and aims to provide guidance on the proper way for lawyers to participate in the social media space. Part II provides a brief primer on social media and the most popular social media sites. Part III examines some of the potential ethical conflicts arising from social media and highlights many of the recent cases discussing lawyers’ use of these increasingly popular sites.

Read More →
Latest

Social Media, the Sixth Amendment, and Restyling: Recent Developments in the Federal Law of Evidence

By   /  June 1, 2012  /  6th Amendment, Civil Procedure, Criminal Procedure, Evidence 

Social Media

Three developments dominated the federal law of evidence during the last twelve months. First, a fully restyled version of the federal rules took effect on December 1, 2011. . . . Second, the Supreme Court further explored the Sixth Amendment’s restraints on hearsay evidence offered against criminal defendants. . . . Finally, social media raised new challenges in courtrooms across the country.

Read More →
Latest

Social Networking Websites: Impact on Litigation and the Legal Profession in Ethics, Discovery, and Evidence

By   /  June 1, 2011  /  Evidence, Professional Responsibility 

Social Networking

This Article will describe the vast quantity of information available on social networking websites and the advantage attorneys stand to gain by becoming more familiar with the information and utilizing it appropriately. Section II will address the composition of social networking websites, information made available by such sites, and accessibility to the sites.

Read More →