OFTEN NECESSARY, NOT ALWAYS SUFFICIENT – Advocacy and Evidence Resources

A recent decision of the Connecticut Supreme Court reminds us of the limits of even this most potent form of proof. The power of DNA to prove guilt, establish actual innocence, or ‘raise a reasonable doubt’ cannot be questioned. More than two decades ago, a Texas appellate court made clear that a DNA profile correspondence between the …

Are The “10 Commandments of Cross-Examination” Sufficient?

Some call Younger’s rules into question. It has been suggested that Younger fails to account for redirect examination’s power to undo what cross has achieved, and that there is no good reason to save your final point – the ‘so’ question – for closing. The argument urges that lawyers “make the points you can when you confront the …

THE “COOPERATING WITNESS” AND THE SEARCH FOR VERACITY

What the use of cooperators in England underscored – the risk of self-interest generating false information – has been proved true in the United States. Estimates go to over 20% as to the number of DNA exonerations that followed convictions based upon ‘snitch’ testimony. This results from a variety of causes – the witness’ own …

Temple Launches New Center For Tax Law and Public Policy

The Center also trains members of the Law School community to become certified to participate in the IRS’s Volunteer Tax Assistance Program (VITA), providing free tax preparation for low income taxpayers on the Law School campus as well as throughout the city.

MMG Ins. Co. v. Giuro Inc. Archives – The Temple 10-Q

It has long been the rule, under Pennsylvania law, that an insurer’s duty to defend is determined “solely” by the allegations in the “four corners” of the complaint against the insured. Kvaerner Metals Div. of Kvaerner U.S., Inc. v. Commercial Union Ins. Co., 908 A.2d 888, 896 (Pa. 2006). A corollary of that rule —

Taking the Sting Out: Using Direct Examination to Anticipate and …

Abundant caselaw makes this point. As explained by the First Circuit nearly thirty years ago, “[t]he prosecution, having called a witness, may then ‘take the wind out of the sails’ of the defense by questions eliciting possible bases for impeachment.” United States v. Frappier, 807 F.2d 257, 259 (1st Cir. 1986).

CONFRONTATION LAW CONFUSION AND CONVENTIONS

The landmark holding Crawford v.Washington, now sixteen years old, changed the framework for challenging hearsay offered against the accused in a criminal case – if the hearsay was “testimonial” in nature it is admissible only under one of two conditions:. The declarant will ultimately appear at trial and thus be subject to cross-examination regarding the assertion(s); or

(Fall 2021) LAW 5042 § 21 Details – Temple Law Course Bulletin

Businesses are now required to develop comprehensive compliance programs to comply with a variety of Federal, State, and in some cases foreign laws and regulations in order to minimize risk and avoid legal repercussions. As a result, legal professionals who can advise companies on the development and implementation of effective compliance …