
Through the Admissibility of Evidence Maze: An Attempt at a Purposive Structuring
Author(s) -
Donald G. Casswell
Publication year - 1991
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr1546
Subject(s) - structuring , value (mathematics) , prejudice (legal term) , nonprobability sampling , law , law and economics , political science , epistemology , sociology , computer science , philosophy , machine learning , population , demography
The purposes served by admissibility rules are crucial to an understanding and evaluation of them. They are similarly central to any attempt to structure those rules. In this article the author submits that courts are moving towards a purposive structuring of admissibility of evidence. An important aspect of this movement appears to be increased reliance on balancing probative value and prejudice. Building upon this initiative, the author offers an attempt at formulating a purposive structure for admissibility rules which would be of general application to both civil and criminal proceedings.