Through the Admissibility of Evidence Maze: An Attempt at a Purposive Structuring

  • Donald G. Casswell


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.

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