Some Observations on the Law of Evidence -- Memory (with Robert M. Hutchins), 41 Harvard Law Review 860 (1928)
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.
Date of Authorship for this Version
law, memory, evidence
Slesinger, Donald and Hutchins, Robert M., "Some Observations on the Law of Evidence -- Memory" (1928). Faculty Scholarship Series. Paper 4545.