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The Advisory Committee on the Federal Rules of Evidence has proposed amending several rules. Amendments to the federal evidence code are important not only for the obvious reason that they regulate the conduct of federal trials, but also because of their pervasive influence on state evidence codes throughout the country, including Maryland. Under consideration is a clarifying change to Rule 404 (character evidence), and more substantive changes to Rule 606 (impeaching jury verdicts), Rule 408 (evidence of conduct and statements in settlement negotiations), and Rule 609 (impeachment with prior conviction).
Since the 1980s, a wide range of courts and commentators have expressed concern over large punitive damages awards handed out by civil juries against a wide array of tortfeasors. The United States Supreme Court has issued two landmark tort decisions, BMW of North America v. Gore, and State Farm Mutual Automobile Insurance Co v. Campbell, holding in both instances that excessive punitive damages awards violated the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States. This Note embraces the practical and efficient notion that reform should start at the trial level. The best way of influencing trial judges is by amending the Federal Rules of Evidence, and substantially similar state provisions, to indicate why and how the evidence at issue in Gore and St...
A litigant might use a brain image to show that a person is "brain dead." Or, a litigant might use a brain image to explain a particular loss of function such as paralysis or inability to speak.\n If we reach the point where litigants offer brain-imaging evidence to predict future behavior or to reveal aspects of a person's character, it will be interesting to see if courts will stick to an ad hoc judgment of the science or will exclude the evidence as antithetical to basic principles of responsibility and privacy. Looking at the broader historical picture, it seems clear that, especially since the Supreme Court's decision in Daubert, courts and commentators have devoted tremendous amounts of time and attention to questions concerning the admissibility of expert evidence, particularly ...
The Joint Service Committee on Military Justice (JSC) is forwarding final proposed amendments to the Manual for Courts-Martial, United States (MCM) to the Department of Defense. The proposed changes constitute the 2012 revision of the Military Rules of Evidence (M.R.E.) in the MCM in accordance with DoD Directive 5500.17, ``Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice,'' May 3, 2003. The proposed changes affect all the M.R.E. and are in conformity, to the extent practicable, with the Federal Rules of Evidence. These proposed changes have not been coordinated within the Department of Defense under DoD Directive 5500.1, ``Preparation, Processing and Coordinating Legislation, Executive Orders, Proclamations, Views Letters Testimony,'' June 15, 2007, an...
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