Excited Utterance

Zombie Forensics: The Polygraph in England and Wales. Kryiakos Kotsoglou from Northumbia Law School discusses the recent use of polygraph in the UK penal system outside of trial and its troubling ramifications.

Chancy Causation. Alexi Lahav from the University of Connecticut School of Law critiques the idea of but-for causation and discusses how the law should think about causation in contexts in which it can only be proven probabilistically.

99 Episodes of Excited Utterance. In celebration of the podcast's 100th episode, co-hosts Ed Cheng and Alex Nunn look back on 99 Episodes of Excited Utterance, share some funny anecdotes, and discuss trends in recent evidence scholarship.

Proof Discontinuities and Civil Settlements. Mark Spottswood from Florida State University discusses how different types of burdens of proof -- specifically discontinuous versus continuous ones -- might impact settlement behavior.

The Bite Mark Dentists and the Counterattack on Forensic Science Reform. Marvin Zalman from Wayne State University critiques a recent article defending bitemark evidence and discusses why forensic science reform proves to be so difficult.

Privacy as Privilege. Rebecca Wexler from the University of California Berkeley talks about the Stored Communications Act and how it blocks criminal defense subpoenas, effectively creating an unprecedented privilege for online communications.

Unmasking Demeanor. Julia Simon-Kerr from the University of Connecticut discusses the masking of witnesses in the courtroom during the COVID-19 pandemic and the implications masking might have on the Confrontation Clause and the way the legal system views the importance of demeanor.

Confronting Memory Loss. Paul Rothstein from Georgetown discusses the problems that a witness's memory loss presents for the Confrontation Clause, and the factors that a future Supreme Court might use to address this question.

The Evidence Rules that Convict the Innocent. Jeff Bellin from William & Mary uses the Innocent Movement that the wrongful convictions it has uncovered to re-evaluate the rules of evidence.

Psychological Assessments in Legal Contexts. Tess Neal from Arizona State University talks about the validity of psychological assessment tools and the willingness of attorneys and courts to scrutinize them.