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Evidence Without Rules

from Part II - The Rules

Published online by Cambridge University Press:  14 October 2026

Bennett Capers
Affiliation:
Fordham University, New York
Jasmine E. Harris
Affiliation:
University of Pennsylvania Law School
Julia Simon-Kerr
Affiliation:
University of Connecticut
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Summary

Imagine walking through a busy courthouse. In Courtroom One, a sexual assault case is in progress. The Assistant District Attorney has just called the victim as a witness. As the victim approaches the stand, you notice that she is modestly dressed, and instantly begin to think of her as credible. Perhaps the jurors, who are nodding, are thinking the same thing. In Courtroom Two, the judge is conducting a voir dire as the lawyers begin the process of selecting a jury in an insurance fraud case. Although the jury pool nearly fills the courtroom gallery, you notice a young woman and three small children sitting apart from everyone else. You assume they are the defendant’s family, and cannot help but wonder if a guilty verdict will separate the family. Will the jurors wonder this as well? Courtroom Three is almost the opposite, the gallery is completely empty but for you, the only spectator.

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