Critical Evidence

Critical Evidence explores a growing body of scholarship demonstrating that evidence law is fundamentally about power—determining whose voices are heard and what forms of knowledge are recognized in courts of law throughout the United States.

This collection brings together leading and emerging Critical Evidence scholars who examine the major rules governing admissibility in court, including relevance, hearsay, and privileges. These scholars reveal that many evidence rules are not neutral in their construction or application, but instead often privilege insiders at the expense of outsiders, including poor people, women, people of color, disabled people, and LGBTQ+ people.

Through close analysis of legal rules and doctrine, Critical Evidence argues that evidence law must evolve to become a system that better promotes truth, justice, and fairness for everyone within the American legal system.