Jackie Fellows <[EMAIL PROTECTED]> writes:


Hi Bill and Dr. L

Here I go again--off the wall questions about things.  It just occurred to me
that if evidence such as diaries, computer files, etc. are admissible as
evidence than is that going to affect one of the counseling tools that are
often used to assist clients in coming to terms with their anger, past abuse
issues, etc.  Journaling, writing poetry or stories is a very effective and
popular therapy tool.  However, if courts are going to allow this type of
material to enter as evidence--then what??  Just a thought.

jackief

William J. Foristal wrote:

> [EMAIL PROTECTED] (William J. Foristal) writes:
>
> Hello Doctor,
>
> I know exactly what you mean.  It's like reading a book and not wanting
> to look ahead to how the plot is resolved.  You could always find the
> answer on the net somewhere, I'm sure, but it's probably more fun waiting
> to see how they covered it. I'm assuming this is on Court TV?
>
> Bill
>
> On Tue, 10 Mar 1998 14:51:57 -0800 "Dr.L.D.Misek-Falkoff"
> <[EMAIL PROTECTED]> writes:
> >"Dr.L.D.Misek-Falkoff" <[EMAIL PROTECTED]> writes:
> >
> >
> >Hi Bill - turns out that it is a January 1997 trial.  Don't you love
> >it
> >when they raise a question, and if you have the time you can (that is,
> >one can, since you yourself are probably not hooked) wait around three
> >days to hear the matter come up again.  I may never know if in
> >California v. Bray and Ayers or Akers the computer files, like
> >diaries,
> >did come in or not (as 'state of mind' exception to hearsay, for
> >example). The consolation is that whatever way the judge rules (here
> >regarding possible plans to commit murder), it is interesting to hear
> >the sides argued. Thx for the post! :-) LDMF.
> >---------------------William J. Foristal wrote:----------------------
> >>
> >> [EMAIL PROTECTED] (William J. Foristal) writes:
> >>
> >> Hello Doctor,
> >>
> >> I would think it would be identical to a tape recorded statement.
> >Even
> >> if someone makes the tape and never plays if for anyone I would
> >think it
> >> could be offered as evidence if it met the other criteria.  Let us
> >know
> >> what the judge rules.
> >>
> >> Bill
> >>
> >> On Tue, 10 Mar 1998 13:31:08 -0800 "Dr.L.D.Misek-Falkoff"
> >> <[EMAIL PROTECTED]> writes:
> >> >"Dr.L.D.Misek-Falkoff" <[EMAIL PROTECTED]> writes:
> >> >
> >> >
> >> >Is anyone watching the Court-tiv 'Murdered Mom' (Ayers trial) where
> >> >they
> >> >are arguing to a judge that what is input to a computer is not a
> >> >statement unless and until published to someone? The judge is
> >saying
> >> >that a statement is justan oral or written expression sop computer
> >> >files
> >> >are admissible. Lawyer is arguing that its just a thought process,
> >> >when
> >> >someone types into a computer, unless and until it is published.
> >> >Overall
> >> >context is whether its a statement and under the evidence code can
> >be
> >> >admitted.  Judge hasn't ruled yet (defense is saying its hearsay,
> >if
> >> >it
> >> >is a statement at all). :) LDMF
> >> >
> >> >PS: commentator says its like a diary, not intended to be read but
> >can
> >> >be used against someone.
> >> >
> >> >
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> >> >
> >>
> >>
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