Julian L. Bush


There instance where the judge (on proper objection) is called upon to rule that certain arguments are out of bounds. Sometimes there a constitutional reasons for forbidding certain argument, and sometimes there are not. There does not seem to be a general theory applied to the latter cases that explains why those bad arguments are forbidden while other bad arguments are not, and, therefore, judges and lawyers need to know the cases. But it is possible to classify many of the bad arguments within the categories of fallacious arguments condemned by logicians, and it is useful to clear thinking to do so. The cases considered below are all criminal cases, but it is possible to cite civil cases with equal ease.

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