Excited Utterance

Evaluating Credibility Using Prior Convictions. Ric Simmons from Ohio State University reports on a new empirical study of how prior convictions under Rule 609 are treated by judges and potential jurors.

Popularizing Hearsay. Justin Sevier from Florida State University College of Law argues for a hearsay rule based not on accuracy, but on procedural dignity and legitimacy interests, and offers new empirical evidence supporting his view.

Recantations and the Perjury Sword. Russell Covey from Georgia State University tackles the double-edged nature of perjury, and how it can be better used to promote accurate results.

Leveraging Surprise. Michael Risinger from Seton Hall proposes using surprise as a device to explain the burden of proof and looks back on his career in evidence.

When Self-Report Trumps Science. Sara Appleby from Mercer University investigates the surprising behavior of some factfinders when confronted with a (recanted) confession and exculpatory DNA.

Expertise on Trial. James Dillon from Columbia Law School tackles the age-old question of how the legal system can make decisions involving specialized knowledge when legal actors lack expertise.

The Judicial Presumption of Police Expertise. Anna Lvovsky from Harvard Law School discusses how police expertise came to be accepted by courts, and how this change, which started in evidence law, ultimately influenced the course of criminal procedure.

Invisible Error. Cassandra Burke Robertson from Case Western Reserve University School of Law explores how judges check the jury’s application of the burden of proof, specifically through grants of new trial.

Experiencing Other Minds in the Courtroom. Neal Feigenson from Quinnipiac University explores the use of simulations in the courtroom to aid the factfinder in understanding a party’s subjective experience.

Exorcising the Clergy Privilege. Christine Bartholomew from SUNY Buffalo Law School talks about the clergy privilege and how its coverage and protection have declined in practice due to the actions of courts and clergy members themselves.