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Critical Evidence

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Critical Evidence

Author: Bennett Capers; Jasmine E. Harris; Julia Simon-Kerr
Publisher: Cambridge University Press
ISBN: 9781009851589

Published In: October 2026
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 572.00

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Description
Contents

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Critical Evidence taps into a growing body of scholarship that demonstrates evidence law is fundamentally about power, setting the boundaries of whose voices will be heard and what types of knowledge will be cognizable in courts of law in the United States. The book brings together leading and emerging Critical Evidence scholars to examine the major rules that govern admissibility in court, from relevancy to hearsay to privileges. These scholars show that many such rules are not neutral as constructed or applied, but, in fact, privilege insiders at the expense of outsiders, namely poor people, women, people of color, disabled people, and LGBTQ+ people.

hrough a close reading of rules and doctrine, Critical Evidence shows that evidence law must and should change in order to serve as a system that promotes truth, justice and fairness for all in the American legal system.

Foreword

Edward Cheng

Introduction

Bennett Capers, Jasmine E. Harris and Julia Simon-Kerr

Part I. Introduction to the Field and Its Actors: Section1. The Rulemakers

Introduction

Prosecutors and Federal Evidence Rulemaking

Julia Simon-Kerr

Evidence Rulemaking and Community Participation

Ngozi Okidegbe

The Living Rules of Evidence

Alex Nunn

Section 2. And Jurors

Introduction

Factual Ambiguity and a Theory of Evidence

Ronald Allen

The Jury's Rise as Lie Detector

George Fisher

(Un)Common Knowledge and Experience

Jasmine E. Harris

Pena-Rodriguez v. Colorado, Jury Secrecy, and the Performance of Racial Justice

Daniel S. Harawa

Part II. The Rules: Section 1. Relevance and Prejudice

Introduction

Relevance, Reconsidered

Asees Bhasin

The Relevance and Prejudice of Poverty Evidence

Michele Gilman

Toward a Critical Race Theory of Evidence

Jasmine Gonzales Rose

Section 2. Character Evidence

Introduction

Character (Evidence) Assassination

Andrea Dennis

Disability as a Character Chameleon

Jasmine E. Harris

Different Spanks for Different Ranks: A Critical Appraisal of Character Evidence in Courts-Martial

Franklin D. Rosenblatt

Evidence Without Rules

Bennett Capers

Judging Demeanor

Kiel Brennan-Marquez and Julia Simon-Kerr

Section 3. Credibility

Introduction

Law's Credibility Problem

Julia Simon-Kerr

Teaching Impeachment

Anna Roberts

Section 4. Sex Trials

Introduction

Real Women, Real Rape

Bennett Capers

Unchaste and Incredible: The Use of Gendered Conceptions of Honor in Impeachment

Julia Simon-Kerr

Feminist Take(s) on (Sexual) Bad Acts

Caroline Davidson

Section 5. Hearsay and Confrontation

Introduction

The Neglected Origins of the Hearsay Rule in American Slavery: Recovering Queen v. Hepburn

David Alan Sklansky

Examining the American Hearsay Prohibition's Roots in Slavery

Jeffrey Bellin

Hearsay and Confrontation from a Feminist Gaze

Aviva Orenstein

Hearsay in Immigration Proceedings and the Problem with Symmetry

Gabriela Rodriguez

Section 6. Experts

Introduction

Who Says You're Disabled? The Role of Medical Evidence in the ADA Definition of Disability

Deirdre Smith

Recalibrating Expert Testimony

Valena E. Beatty and Jennifer Oliva

Presumed Expertise: Police Officer Opinion Testimony

Alexis Hoag-Fordjour

Party-Blind Review: A Proposal to Reduce Judicial Bias in Expert Evidence Admissibility Rulings

Rebecca Wexler

Unequal Burdens of Proof: Racism, Legal Epistemic Injustice, and Opinion Testimony

Jasmine Gonzales Rose

Section 7. Privileges

Introduction

Underprivileged: A ClassCrit Perspective on Evidentiary Privileges

Tom Lininger

Parent-Child Privilege as Resistance

Nila Bala

Part III. Expanding Evidence

Section 1. Decarceration and Abolition

Introduction

Bending Evidence Rules Towards Decarceration

Erin Collins

Reimagining Daubert v. Merrell Dow Pharmaceuticals, Inc. as a Non-Reformist Reform

Maneka Sinha

Section 2. And Beyond

Introduction

The Incoherence of Evidence Law

Alex Nunn

The Anti-Transgender Medical Expert Industry

Alejandra Caraballo

Race is Evidence/Evidence is Race: Flipping the Script on the 'Racial Lens'

Montré Carodine

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