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Articles

University of Michigan Law School

2018

Juries

Articles 1 - 2 of 2

Full-Text Articles in Law

The Persistence Of The Probabilistic Perspective, Richard D. Friedman Aug 2018

The Persistence Of The Probabilistic Perspective, Richard D. Friedman

Articles

The publication now of an essay written by Craig Callen nearly a decade ago is cause for wistful celebration. Even while we are reminded how suddenly and prematurely Craig’s life ended, it is good to have one more academic contribution from him, especially because it is marked by the erudition, thoroughness, gentleness, and humor that characterized him.


Controlling The Jury-Teaching Function, Richard D. Friedman Apr 2018

Controlling The Jury-Teaching Function, Richard D. Friedman

Articles

When evidence with a scientific basis is offered, two fundamental questions arise. First, should it be admitted? Second, if so, how should it be assessed? There are numerous participants who might play a role in deciding these questions—the jury (on the second question only), the parties (through counsel), expert witnesses on each side, the trial court, the forces controlling the judicial system (which include, but are not limited to, the appellate courts), and the scientific establishment. In this Article, I will suggest that together, the last two—the forces controlling the judicial system and the scientific establishment—have a large role to …