Evidence Law Adrift
- Binding: Hardcover
- Publisher: Yale Univ Pr
- Publish date: 04/01/1997
Damaska describes the impact of the traditional institutional environment on the gathering and handling of evidence in common law jurisdictions and then explores the more recent transformations of this environment: trial by jury has dramatically declined, pretrial proceedings have greatly proliferated, the adversary, system shows signs of weakening in some types of cases. As a result, many rules and practices supporting the treatment of evidentiary material face the danger of becoming extinct. In addition, says Damaska, the increasing use of scientific methods of inquiry could place further strains on the use of traditional common law evidence. In the future we should expect greater variety in decision-making activity, with factual inquiries tailored to the specific type of proceeding and common law evidence restricted to a narrow sphere.
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