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The Meaning Of Probative Value And Prejudice In Federal Rule Of Evidence 403: Can Rule 403 Be Used To Resurrect The Common Law Of Evidence?, Edward J. Imwinkelried
The Meaning Of Probative Value And Prejudice In Federal Rule Of Evidence 403: Can Rule 403 Be Used To Resurrect The Common Law Of Evidence?, Edward J. Imwinkelried
Vanderbilt Law Review
In the common law system of evidence, logically relevant evidence is presumptively admissible. The logical relevance of an item of evidence, however, does not guarantee its admission. The common law has developed a number of rules that exclude logically relevant evidence. In some cases, the common law excludes evidence because of doubts about the credibility or reliability of that type of evidence. For example, the best evidence rule rests primarily on skepticism about the trustworthiness of secondary evidence concerning a document's contents.- When the issue is the content of a document, the common law prefers that the document itself be …
Growing Disenchantment With Hypnotic Means Of Refreshing Witness Recall, Michael J. Beaudine
Growing Disenchantment With Hypnotic Means Of Refreshing Witness Recall, Michael J. Beaudine
Vanderbilt Law Review
Society has developed several uses for the psychological phenomenon known as hypnosis.' These uses, mostly medical in nature, include substituting for anesthesia and treating pain, anxiety, phobias, and allergies. Not surprisingly, some professional athletes have turned to hypnosis for better success on the playing field. While the scientific and medical communities generally have accepted these uses, controversy has arisen over the use of hypnosis in legal proceedings to refresh the memory of a witness who testifies later in court. The use of hypnosis for investigating crimes began in the early 1970s when law enforcement agencies and police departments formed the …