A Reader's Reaction to:
Poetic Justice in Punishing the Evidentiary Misdeed of Knowingly Proffering Inadmissible Evidence by Edward J. Imwinkelried.

Abstract

This response explores the moral underpinnings of Professor Imwinkelried's article and asks whether attempts to introduce inadmissible evidence are wrongful as a general matter. It argues that the answer is “no." The current practice and structure of the evidentiary rules is a discretionary one, which not only makes any notion of “clear inadmissibility" difficult to parse, but also means that attempts to introduce technically inadmissible evidence do not necessarily hinder the truth seeking purpose of trial.

Recommended Citation

Cheng, Edward K. (2009) "Response: Are Proffers of Inadmissible Evidence Wrongful?," International Commentary on Evidence: Vol. 7 : Iss. 1, Article 7.
DOI: 10.2202/1554-4567.1103
Available at: http://www.bepress.com/ice/vol7/iss1/art7

Readers' Reactions

Edward J. Imwinkelried, Before We Move on to Another Topic: The Narrow Issue of Knowingly Proffering Inadmissible Evidence (August 2009)