Evidence and Trial Procedure - The Law, Social Policy, and Psychological Research (From Psychology of Evidence and Trial Procedure, P 13-39, 1985, Saul M Kassin and Lawrence S Wrightsman, eds. - See NCJ-99863)

• NCJ Number: 99864
• Author(s): W D Loh
• Date Published: 1985
• Length: 27 pages
• Sale Source: Sage Publications, Inc
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

The law of evidence and trial procedures related to the presentation and admissibility of evidence are explained from the standpoint of their historical roots, the principles on which they rest, relevant research on their effects, and implications for psycholegal research.

Abstract

As a careful effort to control communication, the rules of evidence include rules regarding witnesses, the nature and presentation of information, the admissibility of evidence, and jury deliberations. Practical limitations, the need to protect certain values such as confidential relationships, and distrust of the jury are the basis for these rules. Many State courts use the Federal Rules of Evidence. Crucial areas on which research has focused include the order of presentation of evidence, the admissibility of evidence, the threshold of proof required for a guilt determination, and the method of proof. Civil and criminal rules differ in some respects in these areas. The law of evidence and procedure is not designed to attain scientific truth; it aims to provide for peaceful dispute resolution. As a result, the law's operation cannot be measured against any single purpose. Psycholegal research is one good example of how values affect scientific inquiry. Much of the psychological research on law is affected by liberal reform values, which should be, but often are not, made open. An adversarial approach to this research would help make clear the biases and values of the researchers. 30 references.