University of Miami Law Review
Evidence Symposium
Prefatory Matter
Foreword
Introduction to the Evidence Symposium: The New Generation of Realists in Evidence Law
Professor Edward J. Imwinkelried
Articles
SECTION I: IS THE FLORIDA SUPREME COURT UP TO THE TASK OF BEING AMERICA'S CRIMINAL EVIDENCE COURT?:
Reply to Professor Ehrhardt
Michael D. Sanger
SECTION I: IS THE FLORIDA SUPREME COURT UP TO THE TASK OF BEING AMERICA'S CRIMINAL EVIDENCE COURT?:
Reply to Professor Ehrhardt
George Franklin
SECTION II: EVIDENTIARY ISSUES IN CRIMINAL CASES:
How Much is Too Much? Rule 704(b) Opinions on Personal Use vs. Intent to Distribute
Dana R. Hassin
SECTION II: EVIDENTIARY ISSUES IN CRIMINAL CASES:
A Recipe for Confusion: Congress and the Federal Rules of Evidence
Professor Daniel J. Capra
SECTION II: EVIDENTIARY ISSUES IN CRIMINAL CASES:
Admissibility of Plea Agreements on Direct Examination- Are There Any Limits?
James D. Carlson
SECTION II: EVIDENTIARY ISSUES IN CRIMINAL CASES:
Admissibility of Plea Agreements on Direct Examination: The Limits Vanish
Professor Daniel J. Capra
SECTION II: EVIDENTIARY ISSUES IN CRIMINAL CASES:
Statements of Bystanders to Police Officers Containing an Accusation of Criminal Conduct Offered to Explain Subsequent Police Conduct
Joëlle Hervic
SECTION II: EVIDENTIARY ISSUES IN CRIMINAL CASES:
Out-of-Court Accusations Offered for "Background": A Measured Response From the Federal Courts
Professor Daniel J. Capra
SECTION II: EVIDENTIARY ISSUES IN CRIMINAL CASES:
A Reply to Professor Capra
Joëlle Harvic
SECTION III:
ADMISSIBILITY OF REDACTED CONFESSIONS AND STATEMENTS AGAINST PENAL INTEREST IN STATE AND FEDERAL COURTS AND THE RELATIONSHIP BETWEEN THEM:
Hypotherical Fact-Pattern
SECTION III:
ADMISSIBILITY OF REDACTED CONFESSIONS AND STATEMENTS AGAINST PENAL INTEREST IN STATE AND FEDERAL COURTS AND THE RELATIONSHIP BETWEEN THEM:
Casting Light on the Gray Area: An Analysis of the Use of Neutral Pronouns in Non-Testifying Codefendant Redacted Confessions Under Bruton, Richardson, and Gray
Bryant M. Richardson
SECTION III:
ADMISSIBILITY OF REDACTED CONFESSIONS AND STATEMENTS AGAINST PENAL INTEREST IN STATE AND FEDERAL COURTS AND THE RELATIONSHIP BETWEEN THEM:
The Exception That Swallows the Rule: The Disparate Treatment of Federal Rule of Evidence 804(b)(3) as Interpreted in United States v. Williamson
Richard T. Sahuc
SECTION III:
ADMISSIBILITY OF REDACTED CONFESSIONS AND STATEMENTS AGAINST PENAL INTEREST IN STATE AND FEDERAL COURTS AND THE RELATIONSHIP BETWEEN THEM:
The Future Implications of Lilly v. Virginia
Jennifer Christianson
SECTION III:
ADMISSIBILITY OF REDACTED CONFESSIONS AND STATEMENTS AGAINST PENAL INTEREST IN STATE AND FEDERAL COURTS AND THE RELATIONSHIP BETWEEN THEM:
Tales Out of School-Spillover Confessions and Against-Interest Statements Naming Others
Professor Christopher B. Mueller
SECTION III:
ADMISSIBILITY OF REDACTED CONFESSIONS AND STATEMENTS AGAINST PENAL INTEREST IN STATE AND FEDERAL COURTS AND THE RELATIONSHIP BETWEEN THEM:
Rebuttal
Bryant M. Richardson
SECTION III:
ADMISSIBILITY OF REDACTED CONFESSIONS AND STATEMENTS AGAINST PENAL INTEREST IN STATE AND FEDERAL COURTS AND THE RELATIONSHIP BETWEEN THEM:
A Response to Professor Mueller
Jennifer Christianson
SECTION IV: EVIDENCE OF INNOCENCE OFFERED BY THE CRIMINAL DEFENDANT, NOT SO FAST:
Admissibility of Polygraph Evidence and Repressed Memory Evidence When Offered by the Accused
Yvette J. Bessent
SECTION IV: EVIDENCE OF INNOCENCE OFFERED BY THE CRIMINAL DEFENDANT, NOT SO FAST:
Perry Mason meets the "Legitimate Tendency" Standard of Admissibility (and doesn't like what he sees)
Brett C. Powell
SECTION IV: EVIDENCE OF INNOCENCE OFFERED BY THE CRIMINAL DEFENDANT, NOT SO FAST:
Expert Testimony on Eyewitness Identification: Admissibility and Alternatives
Thomas Dillickrath
SECTION IV: EVIDENCE OF INNOCENCE OFFERED BY THE CRIMINAL DEFENDANT, NOT SO FAST:
Evidence of Innocence Offered by The Criminal Defendant: "Not So Fast"; Response
Professor Kenneth W. Graham Jr.
SECTION IV: EVIDENCE OF INNOCENCE OFFERED BY THE CRIMINAL DEFENDANT, NOT SO FAST:
Response
Yvette J. Bessent
SECTION IV: EVIDENCE OF INNOCENCE OFFERED BY THE CRIMINAL DEFENDANT, NOT SO FAST:
A Response To Professor Graham
Brett C. Powell
SECTION IV: EVIDENCE OF INNOCENCE OFFERED BY THE CRIMINAL DEFENDANT, NOT SO FAST:
A Response to Professor Graham
Thomas Dillickrath
SECTION I: IS THE FLORIDA SUPREME COURT UP TO THE TASK OF BEING AMERICA'S CRIMINAL EVIDENCE COURT?:
Has Florida Won or Lost the Battle by Eliminating Section 90.803(4) as an Alternative Tool in Prosecuting Child Sexual Abuse?
Celina E. Contreras
SECTION I: IS THE FLORIDA SUPREME COURT UP TO THE TASK OF BEING AMERICA'S CRIMINAL EVIDENCE COURT?:
Throwing the Baby Out With the Bathwater: Why Child Sexual Abuse Accommodation Syndrome Should Be Allowed as a Rehabilitative Tool in the Florida Courts
Michael D. Stanger
SECTION I: IS THE FLORIDA SUPREME COURT UP TO THE TASK OF BEING AMERICA'S CRIMINAL EVIDENCE COURT?:
The Florida Supreme Court vs. The United States Supreme Court: the Florida Decision in Conner v. State and the Federal Interpretation of Confrontation and Federal Rule of Evidence 807
Stacey Schulman
SECTION I: IS THE FLORIDA SUPREME COURT UP TO THE TASK OF BEING AMERICA'S CRIMINAL EVIDENCE COURT?:
Navigating Between Extremes: The Florida Supreme Court's Rulings on the Admission of Similar Fact Evidence in Child Sexual Abuse Cases
George Franklin
SECTION I: IS THE FLORIDA SUPREME COURT UP TO THE TASK OF BEING AMERICA'S CRIMINAL EVIDENCE COURT?:
When Children and the Elderly Are Victims: Balancing the Rights of the Accused Against Those of the Victim
Professor Charles W. Ehrhardt
SECTION I: IS THE FLORIDA SUPREME COURT UP TO THE TASK OF BEING AMERICA'S CRIMINAL EVIDENCE COURT?:
Response
Celina E. Contreras