Response: Are Proffers of Inadmissible Evidence Wrongful?

Edward K Cheng 1
  • 1 Brooklyn Law School

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.

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International Commentary on Evidence (ICE) is a peer-reviewed journal on evidence law and theory. Its purpose is to promote scholarly communication about the law of evidence without regard to political or academic boundaries. ICE is an electronic publication, on the world-wide web. Electronic publication allows the fastest possible exchange of ideas consistent with peer-review.

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