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CRIMINAL LAW: MINIMAL RATIONALITY AND THE LAW OF EVIDENCE
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Journal Article
CRIMINAL LAW: MINIMAL RATIONALITY AND THE LAW OF EVIDENCE
2025
Overview
For more than a century, one of the pillars upon which the law of evidence was thought to rest is that the primary (although by no means exclusive) objective of the law of evidence is to further accurate fact-finding by maximizing the rationality of the evidentiary process. The crux of this pillar is that the law of evidence increases rationality (and thereby increases accuracy) through admissibility rules that (1) require reliable evidence, and (2) behave paternalistically toward jurors and their cognitive abilities.
Publisher
Northwestern University, School of Law
Subject
