证据法课前阅读资料.doc

证 据 法 课 前 阅 读 资 料 Pro. Ronald Allen （4月19日至4月22日） 证 据 法 课 前 阅 读 资 料 0 Pro. Ronald Allen 0 （4月19日至4月22日） 0 4月19日 第二章全部 (原文91-138) 0 Chapter Two 0 JUROR DECISION-MAKING 33 Attribute 33 4月20日 原文第一章（pp.1-90） 38 CHAPTER ONE 39 4月21日 Chapter Three Relevancy, Probative Value, and the Rule 403 Dangers(原文139-174) 138 缺PP.157—174页的电子稿(第三章 第二节 证明力与规则403危险,) 151 4月19日 第二章全部 (原文91-138) Chapter Two _____________________ The Process of Proof: How Trials are Structured As you begin your study of the law of evidence, it can be useful to put yourself in the role of the trial lawyer trying to present a case persuasively to the jury. This necessarily requires you to imagine at the same time how the trial process appears to the jurors. It is a bewildering mixture of the familiar and the unfamiliar. To begin with, most litigated events involve conventional human affairs. Although the prison setting in the Johnson case is outside the personal experience of most people, the crucial question for decision is simply how a fight came about, which reduces, as is typical, to the question of whom to believe -- here, the inmate or the guards. Although the issues that typify litigation are usually within general experience, the decisionmaking methodology differs radically from the manner in which an ordinary citizen makes daytoday decisions. The trial setting is unusual, perhaps on occasion mystifying, and often intimidating for jurors. Indeed, a theme running through the trial process that you may have already detected is the insulation of the jury from much of what happens during trial. Although, historically, juries were allowed to decide issues of law as well as fact B even as late as the end of the 19th century in the U.S. B the modern jury decides only factual issues. Therefore, virtually all legal discussion B including the proper substantive and procedural law to be applied to the case, and whether evidence should be admitted or excluded B occurs outside the hearing