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Record W4312166857 · doi:10.5539/jpl.v16n1p64

The Evolution and Development Trend of the American Federal Rules of Evidence – Inspiration for China's Evidence Legislation

2022· article· en· W4312166857 on OpenAlexvenueno aff
Bo Peng

Bibliographic record

VenueJournal of Politics and Law · 2022
Typearticle
Languageen
FieldSocial Sciences
TopicJury Decision Making Processes
Canadian institutionsnot available
Fundersnot available
KeywordsFederal Rules of EvidenceLegislationPromulgationEmpirical evidenceDiscretionLawPolitical scienceChinaScope (computer science)Evidence-based practiceRules of evidenceLaw and economicsEconomicsMedicine

Abstract

fetched live from OpenAlex

It has been nearly 50 years since the promulgation of the Federal Rules of Evidence in 1975. What changes have taken place in the Federal Rules of Evidence for a long time? For the evidence legislation in China, it is a very noteworthy issue. Through historical analysis and comparative research, we can find that the development of the Federal Rules of Evidence can be roughly divided into two stages: the first is the exploratory stage, during which the Federal Rules of Evidence were neglected and Congress continued to be actively involved. The second is the rapid development stage, during which the Advisory Committee on the Rules of Evidence were established and the number and quality of revisions steadily increased. The following major trends can be seen in the development of the Federal Rules of Evidence: Congress was replaced as the primary body responsible for updating the Federal Rules of Evidence by a special Advisory Committee on the rules of Evidence; the Rules of Evidence's form changed from fragmented common law to systematic codification; the exclusionary rule's scope of exceptions and judges' discretion gradually expanded; the level of procedural safeguards increased; and the Rules of Evidence were influenced by the development of electronic evidence and the Internet. For the development of China's evidence law, what can be inspired is that we need to systematize and codify the evidence rules, establish a special evidence law committee, strengthen the procedural guarantee, and pay attention to the evidence rules in the digital age.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.046
metaresearch head score (Gemma)0.041
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.114
Threshold uncertainty score0.244

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0460.041
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0070.007
Science and technology studies0.0060.015
Scholarly communication0.0120.007
Open science0.0020.004
Research integrity0.0050.010
Insufficient payload (model declined to judge)0.0030.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.122
GPT teacher head0.390
Teacher spread0.268 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2022
Admission routes1
Has abstractyes

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