EVIDENCE IN THE FUTURE
AbstractThe author introduces a discussion on the future of evidence in both civil and criminal trials by reviewing the dichotomy between the search for truth and the search for justice. He then describes two opposing tendencies based on this dichotomy: the trend toward liberalization of the rules of evidence and the imposition of new restrictions on the admissibility of certain kinds of evidence. He discusses those tendencies already apparent. Moving on to discuss those trends that are in the realm of speculation, he suggests credibility is of foremost importance, and suggests several methods potentially capable of solving the problem in the future, including the use of the polygraph, narcosis, hypnosis, expert testimony and judicial expertise.
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