Evidence - evidentiary privilege - First Circuit recognizes crime-fraud exception to psychotherapist-patient privilege. - In re Grand Jury Proceedings (Gregory P. Violette)

Article Abstract:

The author discusses the U.S. 1st Circuit Court of Appeals 1999 case In re Grand Jury Proceedings (Gregory P. Violette) where the court applied the crime-fraud exception to the psychotherapist-patient evidentiary privilege. The author believes that the court's reasoning which was based upon analogy to the lawyer-client privilege was appropriate on the facts of the case, but would not justify the application of the exception to all cases.

Testimony, Confidential communications, Psychotherapists, Grand jury, Grand juries, Mental health counseling

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Criminal law - Fifth Amendment - Fourth Circuit holds that 18 U.S.C. s. 3501, not Miranda v. Arizona, governs the admissibility of confessions in federal courts - United States v. Dickerson

Article Abstract:

The author discusses a U.S. 4th Circuit Court of Appeals case holding that 18 U.S.C. 3501 controls admissibility of confessions in federal courts. The author believes that the court incorrectly disregarded the constitutional underpinnings and practical legitimacy of Miranda v. Arizona.

Federal courts, Confession (Law), Confessions (Law)

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Navigating uncertainty: gatekeeping in the absence of hard science

Article Abstract:

The author discusses the problems facing trial judges in their mandated role as gatekeepers concerning admission of scientific expert evidence, and suggests an analytical framework for analysis of such evidence.

Analysis, Evidence, Expert, Expert evidence, Judicial process, Evidence, Scientific, Scientific evidence (Law)

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