Lacking Evidence: A Response to Jeffrey Bellin’s The Evidence Rules That Convict the Innocent

2021 ◽  
Author(s):  
Michael Conklin
Keyword(s):  
Author(s):  
Michael J. Saks ◽  
Barbara A. Spellman

The basic rule limiting character evidence is quite sensible. Personality traits predict less than most people (including jurors) realize; situations, and person-by-situation interactions, are more potent forces. As the law suspects, people tend to perceive the behavior of others through lenses of propensity; consequently, they over-attribute and over-predict consistency between character and conduct. In fashioning the character evidence rules, common law judges correctly diagnosed a problem and took steps to temper those attributional tendencies to avoid inaccurate and unfair verdicts. The rules allow numerous exceptions, admitting some character evidence out of fairness or to permit helpful evidence while barring its most misleading variants. For example, defendants in criminal cases are permitted to offer evidence of their own character or the character of a victim. Other exceptions are made to assist factfinders to evaluate witness credibility. A special class of that rule deals with witnesses’ criminal records: a maze of sub-rules governs admissibility of prior crimes. Research finds that people tend to rely on prior crime evidence for its improper propensity purpose, contrary to judicial instructions about the limited use to which it may be put. A relatively new set of rules permits prior criminal sexual conduct to be admitted, allowing factfinders to draw inferences about “any matter to which it is relevant.” These rules are controversial because they invite jurors to engage in the very propensity thinking that centuries of evidence doctrine prohibited. Moreover, behavioral data do not support the theory behind a special rule for prior criminal sexual conduct.


Author(s):  
Michael J. Saks ◽  
Barbara A. Spellman

Rules of evidence are designed to facilitate trials by controlling what evidence may be presented at trial. Those rules came into being, and evolved over time, due to changes in trial process and structure – especially following the rise of adversarial procedure, whereby control over the marshaling and presentation of facts shifted from judges to lawyers. Refinements and reforms continue to be undertaken to try to improve the scope and clarity of the rules. Trial judges must not only apply the rules, they also have the discretion to make rulings in light of their expectations of the impact they think the evidence will have on jurors. This task involves metacognition: one human trying to estimate the thought processes of others. Thus, evidence rulemakers have been and are, effectively, applied psychologists. The rules of evidence reflect their understanding of the psychological processes affecting, and capabilities and limitations of witnesses, lawyers and jurors. Psychological research and methods provide an additional source of insight and assistance in that endeavor. Better psychological understanding should lead to more effective rules. Psychologists typically employ the scientific method: empirically testing hypotheses in an effort to discover which are valid understandings of how people perceive, store, and retrieve information. To evaluate evidence rules, one could conduct experiments directly on a rule, or borrow from existing knowledge developed in basic research and see whether those understandings support existing or proposed evidence rules.


2013 ◽  
pp. 249-262
Author(s):  
Baosheng Zhang ◽  
Chuanming Fan
Keyword(s):  

2019 ◽  
Vol 16 (1) ◽  
pp. 51-80
Author(s):  
Sattam Eid Almutairi

AbstractThe paper provides valuable accounts of the general concepts underlying privacy law in both cultures, and great detail about the impact of criminal procedure and evidence rules on privacy in reality rather than legal theory. It is, in this sense, a “realist” approach to privacy, particularly but not exclusively in relation to sexual activity. The distinction which the article draws between the frameworks within which privacy is conceived broadly, self-determination and limited government in the USA, protection of one’s persona in Europe, and reputation in Islamic law. However, the paper argues that Western and Islamic traditions share many of the same concepts about the tests to be applied when deciding how far an intrusion on privacy is justified and value many of the same interests in doing so. At the same time, it will highlight those areas where they differ which are not ones of crucial importance when deciding, for example, what are the proper limits on mass surveillance. Indirectly, this shows that even though there may be stark differences between the cultures on some points, there is enough agreement on some aspects of privacy to make comparisons in relation to issues such as mass surveillance.


1992 ◽  
Vol 70 (9) ◽  
pp. 2398-2404 ◽  
Author(s):  
Fathi M. Asseid ◽  
Jack M. Miller ◽  
James H. Clark

ZnF2, CdF2, and CuF2 have been adsorbed onto the surface of montmorillonite K10, and the infrared and 19F, 27Al, and 29Si MAS NMR spectra of the resulting reagents over a range of loadings and activation temperatures have been obtained. CuF2 was observed to attack the SiO2 layer and form the complex CuSiF6, ZnF2 tends to attack the aluminium oxide layer, in which Zn isomorphously replaces Al, and forms AlF3 and AlF4− complexes. The spectroscopic evidence rules out the formation of any Al–F and (or) Si–F species as CdF2 is adsorbed on the surface of montmorillonite K10. The reactivity of MF2–K10 reagents towards the Friedel–Crafts reaction of benzene with benzyl chloride varies from one reagent to another. ZnF2–K10 was observed to be the most reactive and CuF2 was the least reactive.


2000 ◽  
Vol 23 (6) ◽  
pp. 971-971 ◽  
Author(s):  
Giuliana Mazzoni

As reported by Vertes & Eastman, convincing evidence rules out any role for REM sleep in memory consolidation. However, they do not provide convincing evidence for their claim that sleep in generaI – as opposed to REM sleep per se – has no influence on memory consolidation. Recent correlational data suggest that the number of NREM/REM cycles is associated with performance on a verbal recall task.[Vertes & Eastman]


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