Evidentiary Privileges and the Defendant's Constitutional Right to Introduce Evidence

Constitutional law--right of privacy--evidence law of privileges--the patient-litigant exception to the psychotherapist-patient privilege.

Constitutional rights and hypnotically elicited testimony.

Despite the former popularity of hypnosis as a way of "improving" eyewitness memory, many courts almost always regard the use of this testimony to be inadmissible, whereas others allow it only when strict procedural guidelines have been followed. Although the U.S. Supreme Court recognized a defendant's constitutional right to admit his own hypnotically elicited testimony, others have recognized...

Mitigating Evidentiary Bias in Planning and Policy-Making; Comment on “Reflective Practice: How the World Bank Explored Its Own Biases?”

The field of cognitive psychology has increasingly provided scientific insights to explore how humans are subject to unconscious sources of evidentiary bias, leading to errors that can affect judgement and decision-making. Increasingly these insights are being applied outside the realm of individual decision-making to the collective arena of policy-making as well. A recent editorial in this jou...

Certainty vs. Finality: Constitutional Rights to Postconviction DNA Testing

It is better that ten guilty persons escape, than that one innocent suffer. No one, not criminal defendants, not the judicial system, not society as a whole is benefited by a judgment providing a man shall tentatively go to jail today, but tomorrow and every day thereafter his continued incarceration shall be subject to fresh litigation. Introduction At least in theory, the American criminal ju...

Validation and Validation of Testimony of Anonymous Instances in the Criminal Procedure Code of Iran and Statute of the International Criminal Court

One of the measures taken to protect witnesses in the Statute of the International Criminal Court and the Code of Judicial Procedure of our country is to keep their identities secret. Both the defendant is important and the defendant's right can not be ignored for the sake of witness testimony or the defendant's defense rights were endangered and threatened without regard to witness safety. Reg...