Open Access. Powered by Scholars. Published by Universities.®

Evidence Commons

Open Access. Powered by Scholars. Published by Universities.®

2004

Alexander Blewett III School of Law at the University of Montana

Faculty Law Review Articles

Articles 1 - 2 of 2

Full-Text Articles in Evidence

True To Character: Honoring The Intellectual Foundations Of The Character Evidence Rule In Domestic Violence Prosecutions, Andrew King-Ries Jan 2004

True To Character: Honoring The Intellectual Foundations Of The Character Evidence Rule In Domestic Violence Prosecutions, Andrew King-Ries

Faculty Law Review Articles

This article calls for a new character evidence rule allowing the admission of prior acts of abuse within the context of a current domestic violence prosecution. Section II discusses the history of domestic violence in America and explores the three ways that the law has condoned domestic violence, including implicit sanction through the effect of the character evidence rule. Section III examines the intellectual background of the character evidence ban. This section also explores the conflict between the character evidence rule and the law's recognition of domestic violence. Further, Section III demonstrates how the character evidence ban violates its ...


A Legisprudential Analysis Of Evidence Codification: Why Most Evidence Rules Should Not Be Codified—But Privilege Law Should Be, Paul F. Kirgis Jan 2004

A Legisprudential Analysis Of Evidence Codification: Why Most Evidence Rules Should Not Be Codified—But Privilege Law Should Be, Paul F. Kirgis

Faculty Law Review Articles

In this article, I will suggest standards for use in assessing a proposed codification. Although the standards I will identify are useful for evaluating a proposed codification of privilege law, they are also more generally applicable. Indeed, I will use them to examine the codification of evidence law in general. First, I will ask whether, as a normative matter, the law of evidence should be codified. I will then focus on the individual rules of evidence, most notably the privilege rules, to draw conclusions about whether those standards are met.