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| NCJ Number:
|
NCJ 122381
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| Title:
|
Political-Choice Approach to Limiting Prejudicial Evidence
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| Journal:
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Indiana Law Journal Volume:64 Issue:4 Dated:(Fall 1989) Pages:831-872
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| Author(s):
|
J A Tanford
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| Publication Date:
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1989 |
| Pages:
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42 |
| Type:
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Legislation/policy analysis |
| Origin:
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United States |
| Language:
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English |
| Annotation:
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Federal Rule of Evidence 403 and its antecedents are examined and a new approach is offered to solve the problem of what to do with relevant, but prejudicial evidence. |
| Abstract:
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Evidence is defined as prejudicial if it (1) unnecessarily arouses emotions; (2) interferes with rational truth-seeking by confusing or misleading jurors; (3) upsets the balance of the adversary system by unduly surprising an adversary or interfering with the impartiality of the jury; (4) wastes time by delay or by the repetition of evidence already presented; and (5) undermines public policy or the political interests of the State. A balancing test is often used to determine what to do with prejudicial evidence. The article proposes a political choice model for use in deciding whether to admit relevant, but prejudicial evidence. 259 footnotes. |
| Main Term(s):
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Rules of evidence |
| Index Term(s):
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Testimony ; Evidence ; Trial procedures |
| |
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=122381
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* A link to the full-text document is provided whenever possible. For documents
not available online, a link to the publisher's web site is provided.
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