Evidence Law
in the United States
In June 2020, the U.S.-Asia Law Institute held a series of virtual workshops that brought together lawyers, legal scholars, judges, and prosecutors from the United States, mainland China, Japan and Taiwan. Each workshop discussed an aspect of U.S. evidence law that our Chinese partners wanted to better understand as they reflect on future reforms of China’s evidence rules. The workshops were designed and led by USALI Senior Research Scholar Ira Belkin, a former U.S. federal prosecutor.
We have created videos that contain lengthy excerpts from five workshops. The non-U.S. participants were already broadly familiar with U.S. criminal procedure, so the presentations do not include basic information about the U.S. criminal justice system.
The workshops were held as part of USALI’s project to promote Trial-Centered Justice in China.
U.S. Evidence Rules for Non-U.S. Experts
Part 1:
An Overview of US Evidence Rule
Featuring Professor Tucker Carrington of the University of Mississippi Law School and USALI Senior Research Scholar Ira Belkin. This is an introduction to the basic principles of U.S. evidence law.
[中英文字幕] 第一讲：美国证据规则概述
Part 2:
Why Live Testimony Matters
Featuring trial attorney Larry H. Krantz, federal Magistrate Judge Steven M. Gold of the Eastern District of New York, and New York State Supreme Court Acting Justice Martin Marcus (Bronx County). This is a roundtable discussion of the value of live-witness testimony in the courtroom based on decades of trial experience. Participants share their own courtroom experiences and discuss the differences they have perceived in practice between information accepted in writing and oral testimony that is subject to cross examination.
[中英文字幕] 第二讲：证人出庭为什么重要
Part 3:
An Introduction to Cross-Examination
Featuring trial lawyers Justine Harris and Larry H. Krantz: a focused discussion on cross-examination, which American jurist J.H. Wigmore described as “beyond any doubt the greatest legal engine ever invented for the discovery of truth.” The episode includes a discussion of the U.S. Supreme Court decision in Crawford, approaches and techniques for effective cross-examination, and reenactment of an actual cross-examination from a high-profile trial.
[中英文字幕] 第三讲：交叉询问入门
Part 4: Issues with Digital and Machine-Generated Evidence
Featuring Professor Andrea Roth of the University of California at Berkeley School of Law and John C. Ellis Jr., a digital evidence expert and criminal defense attorney. This is a deep dive into how attorneys and courts are grappling with the complexities of digital evidence. The presenters discuss the challenges presented by using evidence that has been created by artificial intelligence and may not always be what it appears to be.
[中英文字幕] 第四讲：电子证据与机器生成的证据问题
Part 5: Expert Witness Testimony: Frye, Daubert & FRE 702
Featuring Chris Fabricant, director of Strategic Litigation at the Innocence Project, and Professor Tucker Carrington of the University of Mississippi Law School. This explains the ongoing struggle in American courts to determine which expert evidence – and in particular, which scientific evidence – is reliable and should be admitted. The episode focuses on the cases of Frye, Daubert, and Kumho Tire and Rule 702 of the Federal Rules of Evidence.
To view more video content from the U.S.-Asia Law Institute visit our YouTube page.
[中英文字幕] 第五讲：专家证人证据：弗莱标准、道伯特标准与《联邦证据规则》702
