Coming Soon Critical Evidence

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Critical Evidence

Edited by Bennett Capers · Jasmine E. Harris · Julia Simon-Kerr
Coming Soon Cambridge University Press Available October 2026

Specifications

ISBN-13
9781009851589
Publisher
Cambridge University Press
Publication
October 2026
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

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.

Table of Contents

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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