Free Proof and Its Detractors
Bibliographic Data
| ID | 9532983 |
|---|---|
| Authors | Mirjan Damaska (Ford Foundation, corresponding author) |
| Year | 1995 |
| Volume | 43 |
| Issue | 3 |
| Pages | 343 |
| Publication date | 1995-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | The American Journal of Comparative Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-919X • E-ISSN: 2326-9197 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.2307/840641 |
| OpenAlex | W1992256315 |
| Language | EN |
| Citations received | 8 |
The idea that the law should not assign probative weight to items of information, or degrees of credibility to its bearers, is widely extolled as one of the cornerstones of enlightened factfinding in adjudication. Despite momentous changes that have occurred in the administration ofjustice in this century, the idea continues to command widespread allegiance - especially in the area of criminal procedure. This is not to say, however, that no challenges appeared to the idea in recent years. The first challenge stems from the increased employment over the past few decades of exclusionary rules of evidence. Their application generates frequently overlooked strains with the factfinder's freedom in analyzing evidence. The second challenge is posed by socio-cultural ramifications of technological and scientific advances made in this century. Although for the most part only latent, this second challenge is potentially quite serious and far-reaching. As we near the next millennium, the question is thus worth asking whether free proof is still as firmly entrenched in justice systems as it appears on the surface of things - even in the stronghold of free proof rhetoric, that is, iIi criminal procedure
Foundation (evidence) · Free press · Law and economics · Political science · Sociology · Comparative and International Law Studies · Conflict of Laws and Jurisdiction · European and International Contract Law · Law
Mechanisms of elimination of undesired evidence from criminal trial
Reconfiguring the Pre-Trial and Trial Processes in Ireland in the Fight against Organised Crime
Proportionality and the Question of Weight
The good character ‘backstop’
Reasoning from background knowledge
The fate of evidence law
The peculiarity of American evidence law
The Effect of Human Rights on Criminal Evidentiary Processes
| Citations per year | 0.38 |
|---|---|
| Citation span | 2005 - 2023 (19) |
| Highly cited | No |