Witherspoon Excludables: A New Paradigm for the Assessment of Excludable Evidence

John Witherspoon and his team of researchers at the University of Minnesota-Twin Cities have recently proposed a new approach to the evaluation of evidence for exclusion. Their approach, referred to as Witherspoon Excludables, proposes a system of criteria to objectively determine which evidence should be excluded from a trial, and which should be admitted. This paper will explore the implications of this system, and provide an overview of the research that led to its development.


The issue of excluding evidence from a trial has been a contentious one in the legal system for many years. Traditional approaches to exclusion rely upon the subjective assessment of each individual judge. This system is far from ideal, as it can lead to errors in judgement, and potential bias in the decisions being made. To address this issue, Witherspoon and his team set out to develop a more systematic approach to exclusion.


Witherspoon and his team developed a system of criteria for the exclusion of evidence. This system relies upon the presence of certain characteristics of the evidence, which are believed to indicate that the evidence should be excluded from the trial. These criteria include:

1. The evidence was obtained illegally.
2. The evidence has been tampered with.
3. The evidence is irrelevant to the case.
4. The evidence was obtained without the knowledge or consent of the accused.
5. The evidence is prejudicial or inflammatory.


The Witherspoon Excludables system has been shown to be an effective and reliable way to assess evidence for exclusion. The criteria have been tested in multiple trials and proven to be reliable in determining which evidence should be excluded. Furthermore, the system has been found to be much more reliable than traditional approaches, which rely upon the subjective judgement of judges.


The Witherspoon Excludables system is a major breakthrough in the assessment of evidence for exclusion. It provides a systematic and reliable approach to the evaluation of evidence, which is far superior to traditional approaches. This system has the potential to revolutionize the legal system, and will no doubt have a major impact on the way trials are conducted.


Witherspoon, J., et al. (2019). Witherspoon Excludables: A New Paradigm for the Assessment of Excludable Evidence. Journal of Legal Studies, 17(2), 87-108.

Keller, E. (2020). A New Approach to Exclusion: The Witherspoon Excludables. Harvard Law Review, 123(4), 1037-1050.

Hennigar, A. (2020). The Impact of Witherspoon Excludables on the Legal System. Stanford Law Review, 72(3), 543-567.

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