The age-old rule that a judge could invite jurors to draw a negative conclusion from the absence of a witness is now history. A unanimous Connecticut Supreme Court concludes that the so-called Secondino rule, which has deep roots in old English law, is an inherently unfair way to search out truth in light of modern court rules and discovery practices. The rule has been falling out of favor with legal scholars and practitioners in recent years.
September 27, 1999 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The age-old rule that a judge could invite jurors to draw a negative conclusion from the absence of a witness is now history.
A unanimous state Supreme Court concludes that the so-called Secondino rule, which has deep roots in old English law, is an inherently unfair way to search out truth in light of modern court rules and discovery practices.
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