Article
Licensed
Unlicensed
Requires Authentication
Response: Are Proffers of Inadmissible Evidence Wrongful?
Published/Copyright:
June 15, 2009
This response explores the moral underpinnings of Professor Imwinkelried's article and asks whether attempts to introduce inadmissible evidence are wrongful as a general matter. It argues that the answer is “no." The current practice and structure of the evidentiary rules is a discretionary one, which not only makes any notion of “clear inadmissibility" difficult to parse, but also means that attempts to introduce technically inadmissible evidence do not necessarily hinder the truth seeking purpose of trial.
Published Online: 2009-6-15
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
You are currently not able to access this content.
You are currently not able to access this content.
Articles in the same Issue
- Introduction
- Introduction
- Letter
- A Letter to Honor Professor Margaret Berger
- Article
- Tribute to Professor Margaret Berger, Recipient of AALS Evidence Section's Wigmore Lifetime Achievement Award
- Wanting the Truth: Comparing Prosecutions of Investigative and Institutional Deception
- Evidentiary Foul Play: The Roles of Judge and Jury in Responding to Evidence Tampering
- Poetic Justice in Punishing the Evidentiary Misdeed of Knowingly Proffering Inadmissible Evidence
- Response to an Article
- Response: Are Proffers of Inadmissible Evidence Wrongful?
- Before We Move on to Another Topic: The Narrow Issue of Knowingly Proffering Inadmissible Evidence
Articles in the same Issue
- Introduction
- Introduction
- Letter
- A Letter to Honor Professor Margaret Berger
- Article
- Tribute to Professor Margaret Berger, Recipient of AALS Evidence Section's Wigmore Lifetime Achievement Award
- Wanting the Truth: Comparing Prosecutions of Investigative and Institutional Deception
- Evidentiary Foul Play: The Roles of Judge and Jury in Responding to Evidence Tampering
- Poetic Justice in Punishing the Evidentiary Misdeed of Knowingly Proffering Inadmissible Evidence
- Response to an Article
- Response: Are Proffers of Inadmissible Evidence Wrongful?
- Before We Move on to Another Topic: The Narrow Issue of Knowingly Proffering Inadmissible Evidence
