EvidenceProf Blog

Are Subsequent Remedial Measures Admissible at Criminal Trials?

Federal Rule of Evidence 407 provides that

When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove:

• negligence;
• culpable conduct;
• a defect in a product or its design; or
• a need for a warning or instruction.

But the court may admit this evidence for another purpose, such as impeachment or — if disputed — proving ownership, control, or the feasibility of precautionary measures.

It is well established that Rule 407 applies in civil cases, like tort and nuisance cases. But does the Rule apply in criminal cases? This was the question addressed by the United States District Court for the Northern District of California in United States v. Pacific Gas and Electric Company, 178 F.Supp.3d 927 (N.D.Cal. 2016).

Continue reading

Cyntoia Brown & the "51-To-Life" Project: Final Report

Over the past two months, I've been examining juvenile sentencing laws across the country to test the thesis that Tennessee has the harshest juvenile homicide sentencing law in the country. After reviewing the laws in each state, that thesis has been confirmed. Tennessee indeed has the harshest juvenile homicide sentencing laws in the country by a good margin. You can download the report here: Download Juvenile Sentencing

The full report is also in this post before the fold:

Continue reading

Cyntoia Brown & the "51-To-Life" Project: Wyoming

This is the fiftieth in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why Wyoming treats juvenile homicide offenders better than Tennessee.  

Continue reading

Cyntoia Brown & the "51-To-Life" Project: Wisconsin

This is the forty-ninth in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why Wisconsin treats juvenile homicide offenders better than Tennessee.  

Continue reading

Cyntoia Brown & the "51-To-Life" Project: West Virginia

This is the forty-eighth in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why West Virginia treats juvenile homicide offenders better than Tennessee.  

Continue reading

Cyntoia Brown & the "51-To-Life" Project: Washington

This is the forty-seventh in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why Washington treats juvenile homicide offenders better than Tennessee.  

Continue reading

Cyntoia Brown & the "51-To-Life" Project: Virginia

This is the forty-sixth in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why Virginia treats juvenile homicide offenders better than Tennessee.  

Continue reading

Cyntoia Brown & the "51-To-Life" Project: Vermont

This is the forty-fifth in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why Vermont treats juvenile homicide offenders better than Tennessee.  

Continue reading

Cyntoia Brown & the "51-To-Life" Project: Utah

This is the forty-fourth in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why Utah treats juvenile homicide offenders better than Tennessee.  

Continue reading

Cyntoia Brown & the "51-To-Life" Project: Texas

This is the forty-third in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why Texas treats juvenile homicide offenders better than Tennessee.  

Continue reading

Cyntoia Brown & the "51-To-Life" Project: South Dakota

This is the forty-second in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why South Dakota treats juvenile homicide offenders better than Tennessee.  

Continue reading

Cyntoia Brown & the "51-To-Life" Project: South Carolina

This is the forty-first in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why South Carolina treats juvenile homicide offenders better than Tennessee.  

Continue reading

Cyntoia Brown & the "51-To-Life" Project: Rhode Island

This is the fortieth in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why Rhode Island treats juvenile homicide offenders better than Tennessee.  

Continue reading

Cyntoia Brown & the "51-To-Life" Project: Pennsylvania

This is the thirty-ninth in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why Pennsylvania treats juvenile homicide offenders better than Tennessee.  

Continue reading

Cyntoia Brown & the "51-To-Life" Project: Oregon

This is the thirty-eighth in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why Oregon treats juvenile homicide offenders better than Tennessee.  

Continue reading

Cyntoia Brown & the "51-To-Life" Project: Oklahoma

This is the thirty-seventh in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why Oklahoma treats juvenile homicide offenders better than Tennessee.  

Continue reading

Cyntoia Brown & the "51-To-Life" Project: Ohio

This is the thirty-sixth in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why Ohio treats juvenile homicide offenders better than Tennessee.  

Continue reading

Cyntoia Brown & the "51-To-Life" Project: North Dakota

This is the thirty-fifth in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why North Dakota treats juvenile homicide offenders better than Tennessee.  

Continue reading

Cyntoia Brown & the "51-To-Life" Project: North Carolina

This is the thirty-fourth in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why North Carolina treats juvenile homicide offenders better than Tennessee. 

Continue reading

Cyntoia Brown & the "51-To-Life" Project: New York

This is the thirty-third in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why New York treats juvenile homicide offenders better than Tennessee. 

Continue reading