Constitutional Law
Jul. 19, 2017
Machine testimony and the law of evidence
Courts are forced to shoehorn machine claims into existing rules built for human testimony, with results that are often awkward and ineffective.
Evidence law offers numerous safeguards that promote the reliability of human testimony and help juries assess its credibility. The rule against hearsay, for example, generally requires humans to offer their claims in court, subject to the oath, physical confrontation, and cross-examination. Even where hearsay is admissible, a party can impeach the declarant as if the declarant had testified -- such as by showing bias, incapacity, inconsistency or character for dishon...
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