Legal geography III: Evidence

No. III. On Medico-Legal Evidence in Cases of Insanity

to exaggerate the interest of the subject now under consideration? I propose to submit to your critical judgment a sketch of our high and responsible vocation as medico-legal witnesses?to suggest for adoption certain general principles of evidence, which may serve as our guide when called upon to give testimony in difficult, doubtful, and disputed cases of insanity. The position of the medical ...

LEGAL ISSUES Stark III self-referral prohibitions

l w v t r w o o i m h c b r p r c c t v s h s T e c d w v p o a he U.S. Centers for Medicare & Medicaid Services (CMS) have announced, and presented for comment, the third phase of its regulations against physician self-referral.” The Stark self-referral regulation, as it is ommonly known (formally, the Medicare Program: Phyicians’ Referrals to Health Care Entities With Which They ave Financial...

Coherence, Evidence, and Legal Proof

Brain Images as Legal Evidence

This paper explores whether brain images may be admitted as evidence in criminal trials under Federal Rule of Evidence 403, which weighs probative value against the danger of being prejudicial, confusing, or misleading to fact finders. The paper summarizes and evaluates recent empirical research relevant to these issues. We argue that currently the probative value of neuroimages for criminal re...

Legal Advice and Evidence Disclosure

This paper examines how the advice that lawyers provide to their clients affects the disclosure of evidence and the outcome of adjudication, and how the adjudicator should allocate the burden of proof in light of these effects. Despite lawyers’ expertise in assessing the evidence, their advice is found to have no effect on adjudication, if the lawyers follow disclosure strategies that are undom...