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Research Notes

    305.23.1 Weapons Offenses
    305.23.2 Welfare Fraud/MediCal Fraud
    305.23.3 Witness Credibility (see also Child Testimony)
    305.23.4 Witness Intimidation
    305.23.5 Witness Prior Conviction
    305.23.6 Witness Tampering

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Easing Concealed Firearm Laws: Effects on Homicide In Three States, McDowall, 86 (1) J. L. Criminology 193 (1995).

Fact That Gun Was Broken, Dismantled, or Inoperable as Affecting Criminal Responsibility under Weapons Statute, 81 ALR4th 745.

Fact That Gun Was Unloaded as Affecting Criminal Responsibility, 68 ALR4th 507.

Litigating Felon-With-A-Firearm Cases After Old Chief: Trial Strategies For Lawyers and Judges, Duane, (Old Chief v. U.S. (97) 519 US 172 [136 LEd2d 574; 117 SCt 644]) 12 Crim. Just. 18 (Fall, 1997).

Scope and Effect of Exception, in Statute Forbidding Carrying of Weapons, as to Person on His Own Premises or at His Place of Business, 57 ALR3d 938.

Statutory Presumption of Possession of Weapon by Occupants of Place or Vehicle Where it Was Found, 87 ALR3d 949.

Sufficiency of Prior Conviction to Support Prosecution under State Statute Prohibiting Persons under Indictment For, or Convicted Of, Crime from Acquiring, Having, Carrying, or Using Firearms or Weapons, 39 ALR4th 983.

Validity, Construction, and Application of State or Local Law Prohibiting Manufacture, Possession, or Transfer of "Assault Weapon" 29 ALR5th 64.

What Amounts to "Control" under State Statute Making it Illegal for Felon to Have Possession or Control of Firearm or Other Dangerous Weapon, 66 ALR4th 1240.

What Constitutes a "Bludgeon," "Blackjack," or "Billy" Within Meaning of Criminal Possession Statute, 11 ALR4th 1272.

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Automated Fingerprint Identification Systems: Issues and Options Surrounding Their Use to Prevent Welfare Fraud, 59 Alb. L. Rev. 399, 1995, Jennifer K. Constance.

Criminal Liability under State Laws in Connection with Application For, or Receipt Of, Public Welfare Payments, 22 ALR4th 534.

Finger Imaging: A 21st Century Solution to Welfare Fraud at Our Fingertips, 22 Fordham Urb. L.J. 1327, Summer 1995, James J. Killerlane III.

Welfare Fraud and the Fourth Amendment, 24 Pepp. L. Rev. 1235, Pepperdine Law Review, 1997 Erik G. Luna.

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See also NCJIC Research Notes 305.3.4 [Child Testimony].

The Believability of Repressed Memories, J.M. Golding, et al., 19 Law & Hum. Behav. 569-92 D '95.

Expert Evidence and Hearsay: The Influence of "Second Hand" Information on Jurors' Decisions. R. A. Schuller. 19 Law & Hum. Behav. 345-62, Aug. 1995.

Evidence of Child -- Corroboration Where Identification at Issue -- Independent Source -- Direction on Functions of Judge and Jury Regarding Corroboration Evidence [Great Britain] Rees and Birch, Crim.L.Rev. 301, May 1988.

Expert Evidence and Hearsay: The Influence of "Second Hand" Information on Jurors' Decisions. R. A. Schuller, 19 Law & Hum. Behav. 345-62, Aug. 1995.

Falsus in Uno, Falsus in Omnibus: Modern View as to Propriety and Correctness of Instructions, 4 ALR2d 1077.

Impeachment of Defense Witness in Criminal Case by Showing Witness' Prior Silence or Failure or Refusal to Testify, 20 ALR4th 245.

Instructions to Jury as to Credibility of Child's Testimony in Criminal Case, 32 ALR4th 1196.

Is The Witness Believable? A New Look At Truth And Veracity Character Evidence And Bad Acts Relevant To Truthfulness In A Criminal Case, Fred Warren Bennett, 9 St. Thomas L. Rev. 569, Spring 1997.

Jury Direction on Dishonesty [Great Britain] Davies, 54 J.Crim.L. 52, Feb. 1990.

Making Monsters: False Memories, Psycho-therapy and Sexual Hysteria, Richard Ofshe & Ethan Watters, (Berkeley: University of California Press, 1996).

Necessity and Admissibility of Expert Testimony as to Credibility of Witness, 20 ALR3d 684.

Propriety and Prejudicial Effect of Comments by Counsel Vouching for Credibility of Witness–State Cases, 45 ALR4th 602.

Propriety and Prejudicial Effect of Instructions on Credibility of Alibi Witnesses, 72 ALR3d 617.

Questioning the Reliability of Children's Testimony: An Examination of the Problematic Elements. A.R. Dunn, 19 Law and Psychol. Rev. 203-15, Spring 1995.

Repression, Memory, and Suggestibility: A Call for Limitations on the Admissibility of Repressed Memory Testimony in Sexual Abuse Trials. J.M.K. Murray, 66 Colo. L. Rev. 477-522, 1995.

Sex Abuse, Accusations of Lies, and Videotaped Testimony: A Proposal for a Federal Hearsay Exception in Child Sexual Abuse Cases. D.B. Lathi. 68 U. Colo. L. Rev. 507-40, Spring 1997.

Use of Drugs as Affecting Competency or Credibility of Witness, 65 ALR3d 705.

Witness Credibility: Propriety and Prejudicial Effect of Instruction to Jury in Federal Criminal Trial That Witnesses Are Presumed to Tell the Truth, 8 ALR Fed 319.

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Criminal Discovery of Jencks Witness Statements: Timing Makes a Difference, 15 Ga. St. U. L. Rev. 651, Spring, 1999, Ellen S. Podgor.

Instructions Regarding Special Issues: Evidentiary Issues, CRMJIII MA-CLE 4.II-i (Main Handbook) Massachusetts Continuing Legal Education, Inc. June, 1999, Massachusetts Superior Court Criminal Practice Jury Instructions, Chapter 4, Part II, Eric Brandt, Esq., Elspeth B. Cypher, Esq.

Relocating Intimidated Witnesses: an Underutilized Protection Approach, 30-Dec Prosecutor 24, November/December, 1996, Peter Finn, Kerry Murphy Healey.

Validity, Construction, and Application of State Statutes Imposing Criminal Penalties for Influencing, Intimidating, or Tampering with Witness, 8 ALR4th 769.

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Propriety of Instruction Regarding Credibility of Witness Who Has Been Convicted of a Crime, 9 ALR4th 897.

Propriety, on Impeaching Credibility of Witness in Criminal Case by Showing Former Conviction, of Questions Relating to Nature and Extent of Punishment, 67 ALR3d 775.

Right to Impeach Credibility of Accused by Showing Prior Conviction, as Affected by Remoteness in Time of Prior Offense, 67 ALR3d 824.

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Validity, Construction, and Application of State Statutes Imposing Criminal Penalties for Influencing, Intimidating, or Tampering with Witness, 8 ALR4th 769.

Tampering with Witness Tampering: Resolving the Quandary Surrounding, 77 Wash. U. L.Q. 249, 1999, 18 USC 1503, 1512 Tina M. Riley.

Broken Promises: a Call for Witness Tampering Sanctions in Cases of Child and Domestic Abuse, 18 Hamline L. Rev. 181, Winter, 1994, Victor I. Vieth.

Witness Tampering, 24 Am. Crim. L. Rev. 755, Winter, 1987, White-Collar Crime: Fourth Survey of Law, Cheryl Anne Adams.

Defining Witness Tampering under 18 USC 1512, 86 Colum. L. Rev. 1417, November, 1986, Teresa Anne Pesce.

The New Federal Witness Tampering Statute, 22 Am. Crim. L. Rev. 1, Summer, 1984, William H. Jeffress, Jr.