Volume 115 Issue 2 Article 7 December 2012 Can Law and Literature Be Practical? The Crucible and the Federal Rules of Evidence Martin H. Pritikin Whittier Law School Follow this and additional works at: https://researchrepository.wvu.edu/wvlr Part of the Evidence Commons, and the Legal Education Commons Recommended Citation Martin H. Pritikin, Can Law and Literature Be Practical? The Crucible and the Federal Rules of Evidence, 115 W. Va. L. Rev. (2012). Available at: https://researchrepository.wvu.edu/wvlr/vol115/iss2/7 This Article is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact
[email protected]. Pritikin: Can Law and Literature Be Practical? The Crucible and the Federal CAN LAW AND LITERATURE BE PRACTICAL? THE CRUCIBLE AND THE FEDERAL RULES OF EVIDENCE Martin H. Pritikin* ABSTRACT Counter-intuitively, one of the best ways to learn the practice-oriented topic of evidence may be by studying a work of fiction-specifically, Arthur Miller's The Crucible, which dramatizes the seventeenth-century Salem witch trials. The play puts the reader in the position of legal advocate, and invites strategic analysis of evidentiary issues. A close analysis of the dialogue presents an opportunity to explore both the doctrinal nuances of and policy considerations underlying the most important topics covered by the Federal Rules of Evidence, including the mode and order of interrogation, relevance, character evidence and impeachment, opinion testimony, and hearsay.