Evidence -- Presumption Against Suicide -- Nature and Effect on Burden of Proof

promotion of justice would be greatly aided thereby.Actually a statute designed to approximate this result was proposed in New York in 1935," s but was not accepted.Later a modified form of the proposal was enacted which allows for impeachment by prior inconsistent statements provided they be in writing and sworn to.39 Commenting on the proposal, Professor Ladd suggested that it would be simpler to solve the entire problem by enacting a statute reading: "No party shall be precluded from impeaching a witness because the witness is his own." 4 In view of the statutes which have been enacted and the exceptions recognized in some States, there can be little doubt that the trend in the development of the law today is towards a modification of the rule, particularly with respect to prior inconsistent statements.It may be that the courts can find some justification for retaining the rule with respect to the other modes of impeachment, but it would be helpful if they would review its foundations in the light of present day circumstances.