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Advanced Evidence
Professor Peter Tillers
Cardozo School of Law



Topics


Topic 1: Rules of Evidence in Sexual Misconduct Cases

Topic 2: Group-to-Individual Inference

Topic 3: Picture-Thinking about Evidence and Inference in Trials

Topic 4: Possible topic: What is evidence? What is the difference between fact and law?

Topic 5: Possible topic: Rules of Evidence in Proceedings before Military Commissions

Topic 6: Possible topic: Multiple SIDS Deaths and Murder Prosecutions


Topic No. 1:

Rules of Evidence & Sexual Misconduct

 

A. Introduction

General Background:

Tillers' Notes on Character Evidence

Tillers' Outline (with citations & some links) of Some Features of the Character Evidence Rule

Tillers' Notes on Evidence in Sexual Misconduct Cases

General Review: Federal Rules of Evidence 404, 405, 412, 413, 414 & 415

 

B. Evidence about alleged victim of sexual misconduct

FRE 404(a)(2) & Advisory Committee Note
Federal Evidence Rule 608 & Advisory Committee Note
Federal Evidence Rule 412
Section 2.2.2 of Material on Rape Victim Shield Laws


C. Evidence about alleged rapist or alleged perpetrator of other sexual misconduct

Tillers' Notes (criminal cases)

Tillers' Notes (civil actions)

Once a Sexual Predator, Always a Sexual Predator -- Isn't That Right?

D. Possible Subtopics
Catholic Clergy Sex Abuse Scandal

Sex Abuse Syndrome Evidence

Repressed and Recovered Memories

Child Witnesses in Child Abuse Cases

Character Evidence Rule: Review & Summary

The Child Terror

Innnocence Lost

Psychiatric & Psychological Evidence about Alleged Victim of Sexual Misconduct

Section 2.2.2.4 of Material on Rape Shield Laws: Psychiatric and Psychological Examination of Alleged Victim ; Records of Victim's Mental Health & Therapy

 

 


Topic No. 2:

Group-to-Individual Inference


See Is It Proper to Draw Inferences about an Individual Based on an Individual's Membership in a Group?






Topic No. 3:

Picture-Thinking about Evidence and Inference


See Visual Evidence



Possible Topic No. 4:
The Definition of Evidence



What is evidence?
  • What is incapable of being evidence?
  • What is the difference between fact and law?
  • Is there a difference between fact and law?






  • Possible Topic No. 5:

    Rules of Evidence in Proceedings before Military Commissions

    Department of Defense Military Commission Order No. 1 (Aug. 31, 2005)

    Department of Defense Trial Guide

    DoD Military Commissions Fact Sheets

    Congressional Research Service Analysis

    Department of Defense Web Site on Military Commissions





    Possible Topic No. 6:

    Multiple SIDS Deaths and Murder


    Wilson v. Maryland


    The Sally Clark Case:

    Sally Clark - victim of a miscarriage of justice

    Blog, July 14, 2005: SIDS a/k/a Cot Death & the Doctrine of Chances in the UK: The Sally Clark Case

    Blog, Dec. 3, 2003: SIDS, Statistics, Accidents, Genetics, & Criminal Guilt – and, for Connoisseurs of the Law of Evidence, the "Doctrine of Chances"

    Helen Joyce, Beyond Reasonable Doubt



    Probability Studies: Background for Problem "Multiple SIDS Deaths & Murder"

    Dice:

    1, 2, 6, or 9 dice; 1,10, 20, or 100 rolls

    two dice; results

    1 or 2 dice thrown up to 500x

    Adding probabilities (dice examples):

    fallacy of 100%

    Relative frequency = probability?:

    see left-hand side of chart

    Standard and non-standard dice:

    standard dice; charts illustrate distributions for different numbers of dice

    http://www.dice.co.uk/fs_edu.htm

    Non-standard non-Platonic solids but fair dice (isohedrons; symmetrical):

    non-standard but fair

    Loaded dice:

    http://www.dice.co.uk/fs_other.htm

    How fair are real fair dice?:

    http://www.americanmusicscene.com/site/46828-loaded-dice.html

    Coincidence(?) (bridge hands):

    http://www.maa.org/features/mathchat/mathchat_9_7_00.html

    Hypergeometric: lottery game:

    http://www.math.csusb.edu/faculty/stanton/probstat/lotto.html


    &&&&&&&&&&

    Extract from Richard Lempert's "Modeling Relevance"

    Tillers: Making (Inverted) Bayesian Thinking More Intuitive


    A More Elaborate Intuitive Explanation of Bayesian Logic: Eliezer Yudkowsky, An Intuitive Explanation of Bayesian Reasoning

    &&&&&&

    Wikipedia: Prosecutor's Fallacy, Defendant's Fallacy, and the Sally Clark Case

    Prosecutor's Fallacy

    Evaluating Legal Evidence



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