About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

42 Duke L.J. 776 (1992-1993)
Credence, Character, and the Rules of Evidence: Seeing through the Liar's Tale

handle is hein.journals/duklr42 and id is 802 raw text is: ESSAYS CREDENCE, CHARACTER, AND THE RULES OF EVIDENCE: SEEING THROUGH THE LIAR'S TALE H. RICHARD UVILLERt 0, what a goodly outside falsehood hathl' INTRODUCTION The trial of any case in the adversary mode, but especially criminal cases, relies heavily on the skill of a jury to recognize honesty and dishonesty in the accounts of witnesses. Most facts are proved by testimony. Even in those cases where documentary or physical evidence or the defendant's confession is available to assist the factfinder, the human recital-viva voce-is often crucial to the establishment of its authenticity or significance. Accordingly, we have developed elaborate forms and devices to assist our lay jurors in what is, under the most favorable circumstances, a highly problematic undertaking. Indeed, the adversary trial might be fairly described as a structured process for the determination of the credibility of strangers, many of whom will, for one reason or another, try to deceive those who rely upon their word. Our faith in the adversary system-still a significant element in the determi- nation of guilt--depends in large measure on our confidence t Arthur Levitt Professor of Law, Columbia University. The author expresses ap- preciation for comments on an earlier draft to Professors Ronald Allen, Kent Greenawalt, John Leubsdorf, and James Liebman. And thanks for research assistance, especially in .the psychological literature, to Kathrin Wanner. For support during summer work, I am grateful to the Walter E. Meyer Fund. 1. WILUAM SHAKESPEARE, THE MERCHANT OF VENICE act 1, sc. 3, line 101, in THE COMPLETE WORKS (Stanley Wells & Gary Taylor gen. eds., 1988) (1600). 2. Settlement, the prevailing mode of disposing of criminal as well as civil cases, relies in significant part on the contemplation of an adversary forum. And the general uncertainty of when a cause in dispute will require resolution by trial imbues the adver- sary mode with major impact on the thinking of litigators. Then too, to the general pub-

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most