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TX Plans Summit on Wrongfully Convicted as Another Inmate Freed | 12 comments (12 topical)

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No (none / 0) (#8)
by txpublicdefender on Tue Apr 29, 2008 at 03:39:43 PM EST
In most cases, judges still exclude that type of testimony.  Most commonly, judges rule that it doesn't meet the standard of being "helpful" to the jury because they say it is not something outside the jurors' common sense and experience.  This decision is routinely upheld on appeal.  Of course, it's ridiculous, but that's what judges use to keep it out.

[ Parent ]
Thanks (none / 0) (#10)
by syinco on Tue Apr 29, 2008 at 03:56:10 PM EST
It is precisely because it is contrary to common sense and experience, not to mention what is often at stake, that we need to allow such testimony.  That we make mistakes is understandable.  That we don't try to learn from them is perplexing.

I am curious to read appellate decisions that address the issue on that basis.

Anyhow ... thanks for the reply.

[ Parent ]

TX Plans Summit on Wrongfully Convicted as Another Inmate Freed | 12 comments (12 topical)

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