"Dr.L.D.Misek-Falkoff" <[EMAIL PROTECTED]> writes:


Jackie - yes. Do you recall, I do not, what ever happened with Nicole
Simpson's diary? Some of these issues were involved, with, additionally,
the fact that she could not give permission.  Does anyone recall those
discussions - Bill, I have a feeling you might know if they did admit
those diary entries, perhaps as present sense impression exceptions to
hearsay, or another exception?  I eagerly await posts on this. :) LDMF.
----------------------Jackie Fellows wrote:----------------------------
> 
> 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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> --
> In the sociology room the children learn
> that even dreams are colored by your perspective
> 
> I toss and turn all night.    Theresa Burns, "The Sociology Room"
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