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Thank You For Testifying: The Need To Re-Examine Admission Of Expert Testimony Under Rule 703 In Relation To The Confrontation Clause In Light Of Williams V. Illinois, Derek Regensburger
Thank You For Testifying: The Need To Re-Examine Admission Of Expert Testimony Under Rule 703 In Relation To The Confrontation Clause In Light Of Williams V. Illinois, Derek Regensburger
Derek Regensburger
In Williams v. Illinois, the Supreme Court, in a plurality opinion, held that the basis evidence underlying an expert’s opinion may be introduced in a criminal trial without violating the Confrontation Clause. The Court also created a new primary purpose test for determining the testimonial nature of statements. Hearsay statements must now be both formalized statements made with the purpose of providing evidence against the accused as well as being made against a targeted individual. The ruling has the potential to impact the way in which testimonial hearsay statements are analyzed by court, and it could open the door for …
Persuasive Visions: Film And Memory, Jessica M. Silbey
Persuasive Visions: Film And Memory, Jessica M. Silbey
Jessica Silbey
This commentary takes a new look at law and film studies through the lens of film as memory. Instead of describing film as evidence and foreordaining its role in truth-seeking processes, it thinks instead of film as individual, institutional and cultural memory, placing it squarely within the realm of contestability. Paralleling film genres, the commentary imagines four forms of memory that film could embody: memorabilia (cinema verite), memoirs (autobiographical and biographical film), ceremonial memorials (narrative film monuments of a life, person or institution), and mythic memory (dramatic fictional film). Imagining film as memory resituates film’s role in law (procedural, substantive …
Images In/Of Law, Jessica M. Silbey
Images In/Of Law, Jessica M. Silbey
Jessica Silbey
The proliferation of images in and of law lends itself to surprisingly complex problems of epistemology and power. Understanding through images is innate; most of us easily understand images without thinking. But arriving at mutually agreeable understandings of images is also difficult. Translating images into shared words leads to multiple problems inherent in translation and that pose problems for justice. Despite our saturated imagistic culture, we have not established methods to pursue that translation process with confidence. This article explains how images are intuitively understood and yet collectively inscrutable, posing unique problems for resolving legal conflicts that demand common and …