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Some Observations on the Law of Evidence -- Memory

Slesinger, Donald
; 
Hutchins, Robert
Keywords
law
 memory
 evidence
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Faculty Scholarship Series
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Some_Observations_on_the_Law_of_Evidence____Memory__with_Robert_M._Hutchins___41_Harvard_Law_Review_860__1928_.pdf
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Abstract
T HE common legal assumptions in regard to memory come most clearly to the surface in the rules governing present recollection revived, past recollection recorded, and cross-examination to impeach. Between the first two, sharp distinctions are drawn which result partly from the fact that a memorandum used to refresh recollection generally does not go to the jury as evidence - whereas a memorandum of past recollection does - and partly from the psychological theories of the courts.
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http://hdl.handle.net/20.500.13051/4048