Professor Imwinkelried Comments on Evidence Admissibility for Southern California Public Radio
Professor Edward Imwinkelried commented for Southern California Public Radio station KPCC on the case of a former school administrator who admitted to molesting a student in a phone call that was recorded and uploaded to YouTube.
Though some expressed skepticism regarding whether the taped conversation could be used as evidence, Professor Imwinkelried told KPCC that "All you need is the permissive inference... you have the right phone number, you got someone with the person's similar voice, that's enough to get it in." The modern standard for authentication is quite liberal; and so long as there is a permissive inference, the jury is permitted to make the final decision, Imwinkelried explained.
Professor Imwinkelried is a world-renowned evidence scholar and has published extensively in the field.