2008Scholarship at Catholic Law (Catholic University of America)Open access

ACTS OF EMOTION: ANALYZING CONGRESSIONAL INVOLVEMENT IN THE FEDERAL RULES OF EVIDENCE

Michael Teter

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Abstract

stating that "the Federal Rules of Evidence rest on an assumption that the judge must protect the jury from certain evidence lest the jurors allow their emotional reaction to overpower their intellectual obligation to decide the case according to the judge's instructions"); Wallace D. Loh, The Evidence and Trial Procedure: The Law, Social Policy, and Psychological Research, in THE PSYCHOLOGY OF EVIDENCE AND TRIAL PROCEDURE 13, 15 (Saul M. Kassin & Lawrence S. Wrightsman eds., 1985) ("The need for any rules.., is said to rest on three rationales: practical necessity, promotion of certain social values, and distrust of the jury.");see also JEROME FRANK, COURTS ON TRIAL: MYTH AND REALITY IN AMERICAN JUSTICE 123 (Atheneum 1963) (1949) ("But there are other rules of exclusion which, no matter what their origin, have been perpetuated primarily because of the admitted incompetence ofjurors."). See

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stating that "the Federal Rules of Evidence rest on an assumption that the judge must protect the jury from certain evidence lest the jurors allow their emotional reaction to overpower their intellectual obligation to decide the case according to the judge's instructions"); Wallace D. Loh, The Evidence and Trial Procedure: The Law, Social Policy, and Psychological Research, in THE PSYCHOLOGY OF EVIDENCE AND TRIAL PROCEDURE 13, 15 (Saul M. Kassin & Lawrence S. Wrightsman eds., 1985) ("The need for any rules.., is said to rest on three rationales: practical necessity, promotion of certain social values, and distrust of the jury.");see also JEROME FRANK, COURTS ON TRIAL: MYTH AND REALITY IN AMERICAN JUSTICE 123 (Atheneum 1963) (1949) ("But there are other rules of exclusion which, no matter what their origin, have been perpetuated primarily because of the admitted incompetence ofjurors."). See

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stating that "the Federal Rules of Evidence rest on an assumption that the judge must protect the jury from certain evidence lest the jurors allow their emotional reaction to overpower their intellectual obligation to decide the case according to the judge's instructions"); Wallace D. Loh, The Evidence and Trial Procedure: The Law, Social Policy, and Psychological Research, in THE PSYCHOLOGY OF EVIDENCE AND TRIAL PROCEDURE 13, 15 (Saul M. Kassin & Lawrence S. Wrightsman eds., 1985) ("The need for any rules.., is said to rest on three rationales: practical necessity, promotion of certain social values, and distrust of the jury.");see also JEROME FRANK, COURTS ON TRIAL: MYTH AND REALITY IN AMERICAN JUSTICE 123 (Atheneum 1963) (1949) ("But there are other rules of exclusion which, no matter what their origin, have been perpetuated primarily because of the admitted incompetence ofjurors."). See

Key concepts: Federal Rules of Evidence, Jury, Rules of evidence, Passions, Political science, Economic Justice, State (computer science), Law

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ACTS OF EMOTION: ANALYZING CONGRESSIONAL INVOLVEMENT IN THE FEDERAL RULES OF EVIDENCE — Research Paper | ScholarLens