Evidence

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Ruminations on an Ethical Issue When Examining the Child Witness: Zealous Advocacy or Destroying Evidence, Widener Law Review -- Forthcoming (2011)

The prosecution of Earl Bradley, based on a cache of videotape evidence confirming horrific abuse...

 
The Child Witness, The Future of Evidence: How Science & Technology Will Change the Practice of Law (2011)
 

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Barack Obama, Sir Walter Raleigh and Forensics (or The 2008 Election and the Future of the Right of Confrontation), It's Evident (National Clearinghouse for Science, Technology and the Law) (2010)

For the Court in Crawford v. Washington, the historic roots of the right of Confrontation...

 
Foreword: Why "The Child Witness" Now?, Widener Law Review (2010)
 

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The NAS Report: An Evidence Professor’s Perspective, It's Evident (National Clearinghouse for Science, Technology and the Law) (2009)

The focus of the National Academy of Sciences’ February, 2009 report "Strengthening Forensic Science in...

 

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Electronically Stored Information: A Primer for Litigators, Widener School of Law Magazine (2009)
 
Expert Testimony: Legal Standards for Admissibility, Expert Testimony on the Psychology of Eyewitness Identification (2009)
 
PowerPoint: Mental Health Evidence--Guilt-Innocence, Mental Health Issues in Capital Cases (2009)
 

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Avoiding Trial by Rumor: Identifying the Due Process Threshold for Hearsay Evidence After the Demise of the Ohio v. Roberts "Reliability" Standard, University of Missouri-Kansas City Law Review (2008)

This Article responds to the dictum in Whorton v. Bockting that "the Confrontation Clause has...

 
Chapter 2; Part I (with Hon. Renee Cardwell Hughes); Part II, Part III; Chapter 3; Chapter 4 (with Prof. Eleanor W. Myers & Prof. Edward D. Ohlbaum), Capital Cases: Tough Witnesses, Cooperating Witnesses (“Snitches”) and Reluctant Witnesses (2007)
 

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The Great Engine That Couldn’t: Science, Mistaken Identifications, and the Limits of Cross-Examination, Stetson Law Review (2007)

Wigmore's assertion that cross-examination is the greatest engine for the search for the truth comes...

 

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Tri-State Vagaries: The Varying Responses of Delaware, New Jersey, and Pennsylvania to the Phenomenon of Mistaken Identifications, Widener Law Review (2006)

Mistaken identifications vex the criminal law, and are a manifest and well-documented source of wrongful...

 

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True Lies: The Constitutional and Evidentiary Bases for Admitting Prior False Accusation Evidence in Sexual Assault Prosecutions, Quinnipiac Law Review (2006)

The admission of false accusation evidence in sexual assault prosecutions has been ruled on inconsistently...

 

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Witness Impeachment: Its Art and Rationales, Widener School of Law Magazine (2005)
 
Motions to Suppress Confessions and Identification Evidence, Criminal Defense Techniques (1997)
 

Criminal Law and Procedure

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Should Delaware Execute its Death Row 'Volunteers'?, News Journal (Wilmington DE) (2012)
 

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Ruminations on an Ethical Issue When Examining the Child Witness: Zealous Advocacy or Destroying Evidence, Widener Law Review -- Forthcoming (2011)

The prosecution of Earl Bradley, based on a cache of videotape evidence confirming horrific abuse...

 

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Mandatory Mitigation: An Eighth Amendment Mandate to Require Presentation of Mitigation Evidence, Even When the Sentencing Trial Defendant Wishes to Die, Temple Political & Civil Rights Law Review (2011)

The Eighth Amendment’s mandate in death penalty proceedings is to “ensure that only the most...

 

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Death-Worthiness and Prosecutorial Discretion in Capital Case Charging, Temple Political & Civil Rights Law Review (2010)

Any attempt to assess the merits of a prosecutorial ‘selection’ scheme in capital-eligible homicide cases...

 

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“Genetic Surveillance” - The Bogeyman Response to Familial DNA Investigations, University of Illinois Journal of Law, Technology & Policy (2009)

Familial DNA “searches” occur when investigators find a partial match between a crime scene evidence...

 

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Avoiding Trial by Rumor: Identifying the Due Process Threshold for Hearsay Evidence After the Demise of the Ohio v. Roberts "Reliability" Standard, University of Missouri-Kansas City Law Review (2008)

This Article responds to the dictum in Whorton v. Bockting that "the Confrontation Clause has...

 
DNA Evidence, The Prosecution and Defense of Sex Crimes (2007)
 
Drug Offenses and the Federal Sentencing Guidelines, Defense of Narcotics Cases (2007)
 
Jury Selection in Sex Offense Cases, The Prosecution and Defense of Sex Crimes (2007)
 
Sexually Violent Predators, The Prosecution and Defense of Sex Crimes (2007)
 

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The Great Engine That Couldn’t: Science, Mistaken Identifications, and the Limits of Cross-Examination, Stetson Law Review (2007)

Wigmore's assertion that cross-examination is the greatest engine for the search for the truth comes...

 
The Prosecution and Defense of Child Sexual Assault, The Prosecution and Defense of Sex Crimes (2007)
 
Expert Witnesses, The Prosecution and Defense of Sex Crimes (2006)
 
Sex Offender Registration and Community Notification, The Prosecution and Defense of Sex Crimes (2006)
 

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True Lies: The Constitutional and Evidentiary Bases for Admitting Prior False Accusation Evidence in Sexual Assault Prosecutions, Quinnipiac Law Review (2006)

The admission of false accusation evidence in sexual assault prosecutions has been ruled on inconsistently...

 
Examination of Eyewitnesses, Criminal Defense Techniques (2004)
 
Jury Selection in Drug Offense Cases, Defense of Narcotics Cases (2004)
 
The Prosecution and Defense of Forcible Sex Crimes, The Prosecution and Defense of Sex Crimes (2004)
 
Sex Crimes Committed by Persons in a Position of Trust, The Prosecution and Defense of Sex Crimes (2003)
 
State Pretrial Motion Tactics, Criminal Defense Techniques (2003)
 
The Trial, Defense of Narcotics Cases (2002)
 
Capital Case Litigation, Pennsylvania Criminal Procedure: Law, Commentary and Forms (2001)
 
Defense of Homicide Cases, Criminal Defense Techniques (2001)
 
Narcotic Crimes, Defense of Narcotics Cases (2001)
 
Pretrial Proceedings, Defense of Narcotics Cases (2001)
 
Examination of the Child Witness, Criminal Defense Techniques (2000)
 
‘Omissions’ in the Law: Impeachment and the Supreme Court, PACDL Forum (Journal of the Pennsylvania Association of Criminal Defense Lawyers) (1998)
 
Avoiding Trial by Ambush: Making the Most of Commonwealth v. Ulen, PACDL Forum (Journal of the Pennsylvania Association of Criminal Defense Lawyers) (1997)
 
The Present Danger of ‘Future Dangerousness’, PACDL Forum (Journal of the Pennsylvania Association of Criminal Defense Lawyers) (1997)
 
Intoxication: More Than a Defense in Homicide Prosecutions, Plain View (Journal of the Pennsylvania Association of Criminal Defense Lawyers) (1996)
 
Preparation for Direct Examination, Criminal Law Advocacy (1996)
 
Strategic Goals in Jury Selection, Criminal Law Advocacy (1995)
 
Insanity, Proving Criminal Defenses (1994)
 

Constitutional Law

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“Genetic Surveillance” - The Bogeyman Response to Familial DNA Investigations, University of Illinois Journal of Law, Technology & Policy (2009)

Familial DNA “searches” occur when investigators find a partial match between a crime scene evidence...

 

Link

Avoiding Trial by Rumor: Identifying the Due Process Threshold for Hearsay Evidence After the Demise of the Ohio v. Roberts "Reliability" Standard, University of Missouri-Kansas City Law Review (2008)

This Article responds to the dictum in Whorton v. Bockting that "the Confrontation Clause has...

 

Link

True Lies: The Constitutional and Evidentiary Bases for Admitting Prior False Accusation Evidence in Sexual Assault Prosecutions, Quinnipiac Law Review (2006)

The admission of false accusation evidence in sexual assault prosecutions has been ruled on inconsistently...

 

Law and Technology

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“Genetic Surveillance” - The Bogeyman Response to Familial DNA Investigations, University of Illinois Journal of Law, Technology & Policy (2009)

Familial DNA “searches” occur when investigators find a partial match between a crime scene evidence...

 

Science and Technology

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“Genetic Surveillance” - The Bogeyman Response to Familial DNA Investigations, University of Illinois Journal of Law, Technology & Policy (2009)

Familial DNA “searches” occur when investigators find a partial match between a crime scene evidence...

 

Health Law and Policy

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“Genetic Surveillance” - The Bogeyman Response to Familial DNA Investigations, University of Illinois Journal of Law, Technology & Policy (2009)

Familial DNA “searches” occur when investigators find a partial match between a crime scene evidence...

 

Civil Rights

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“Genetic Surveillance” - The Bogeyman Response to Familial DNA Investigations, University of Illinois Journal of Law, Technology & Policy (2009)

Familial DNA “searches” occur when investigators find a partial match between a crime scene evidence...

 

Trial Practice

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The Opening Statement: Don’t Make it a Lost Opportunity, Widener School of Law Magazine (2006)