X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Jules Epstein Jules Epstein

Anyone who thinks about the law of evidence knows that there are gaps between cognitive psychology and the rules we try cases by. Excitement may distort or inhibit perception, but we permit and rely upon excited utterances as statements valued for their sincerity and truth. The dangers of limiting instructions are clear—they sometimes exacerbate the impact of the problematic proof, yet we teach Rule 105 as a fix to almost all risky evidence and then proceed under the myth that jurors will follow them to the “t.”

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 

Library of Pennsylvania Personal Injury Forms, 5th EditionBook

lt;pgt;lt;stronggt;lt;emgt;Newly Revised Edition!lt;/emgt;lt;/stronggt;lt;/pgt;lt;pgt;lt;stronggt;lt;emgt;"I feel like a local lawyer no matter what county I'm venued i...

Get More Information
 

Banking Litigation & Regulation Forum 2020Event

Delivers the key insights and practical solutions to acutely address the complex minefield of UK banking litigation & regulation.

Get More Information
 

America's Claims Executive (ACE) 2020Event

ACE Leadership Forum & Expo is the annual conference for Senior Claims Executives in Insurance organizations.

Get More Information
 

Commercial Litigation & Arbitration Forum 2020Event

For senior dispute resolution professionals to network and engage through open debate, panels, expert speakers & breakout sessions

Get More Information
 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.