International Commentary on Evidence
Editor-in-Chief: Singh, Charanjit
1 Issue per year
SCImago Journal Rank (SJR) 2017: 0.105
This response explores the moral underpinnings of Professor Imwinkelried's article and asks whether attempts to introduce inadmissible evidence are wrongful as a general matter. It argues that the answer is no." The current practice and structure of the evidentiary rules is a discretionary one, which not only makes any notion of clear inadmissibility" difficult to parse, but also means that attempts to introduce technically inadmissible evidence do not necessarily hinder the truth seeking purpose of trial.