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Full-Text Articles in Evidence

The Uniform Provisions Of Evidence: A Major Reform That Maintains China’S Judicial Traditions, John Capowski Apr 2012

The Uniform Provisions Of Evidence: A Major Reform That Maintains China’S Judicial Traditions, John Capowski

John J. Capowski

No abstract provided.


China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski Dec 2011

China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski

John J. Capowski

China’s People’s Supreme Court has stated its commitment to reform its judicial system, and the linchpin of the reform effort is the Uniform Provisions of Evidence, which are in the process of becoming China’s first procedural and evidentiary code. Incongruously, China, a civil law country, has modeled the Uniform Provisions upon the United States’ Federal Rules of Evidence and incorporated into the Uniform Provisions principles of United States’ criminal and civil procedure. The parallels between the Uniform Provisions and the Federal Rules of Evidence are striking and the adoption of F.R.E. language extraordinary.
After setting ...


Evidence Codification And Transubstantive And Bifurcated Evidence Codes, John Capowski Dec 2007

Evidence Codification And Transubstantive And Bifurcated Evidence Codes, John Capowski

John J. Capowski

No abstract provided.


Establishing Separate Criminal And Civil Evidence Codes, John J. Capowski Dec 2007

Establishing Separate Criminal And Civil Evidence Codes, John J. Capowski

John J. Capowski

This article suggests that the Federal Rules of Evidence (Rules) should be separated into distinct criminal and civil evidence codes. The arguments for this separation are both practical and theoretical, and this article is the first comprehensive discussion of this proposed separation.

The most important of the arguments for bifurcation is that our current unified evidence code leads to inappropriate admission decisions. These inappropriate admission decisions most often occur when the interpretation of a rule in a criminal case is applied in later civil law cases. This result is in part because our rules, and their interpretations, are transubstantive; they ...


Evidence And The One Liner: A Beginning Evidence Professor’S Exploration Of The Use Of Humor In The Law School Classroom, John J. Capowski Dec 2002

Evidence And The One Liner: A Beginning Evidence Professor’S Exploration Of The Use Of Humor In The Law School Classroom, John J. Capowski

John J. Capowski

No abstract provided.


Statements Against Interest, Reliability, And The Confrontation Clause, John J. Capowski Dec 1996

Statements Against Interest, Reliability, And The Confrontation Clause, John J. Capowski

John J. Capowski

No abstract provided.