Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

'We simply cannot legislate away the need for evidence'

A move to start using special rules for the use of opinion evidence for those accused of gangland crime has received some criticism. The courts had already held that such evidence was not conclusive and, in practice, had tended to disregard such evidence if the accused denied it on oath. The situation was even more fraught with difficulty if such evidence were to be used in ordinary courts, because of its prejudicial effect and doubts about its constitutionality.



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