"Learned treatises" in the context of criminal evidence refer to authoritative written works or scholarly treatises that provide in-depth analysis, interpretation, and commentary on legal principles or specific areas of law. In the realm of criminal evidence, learned treatises can cover various topics, such as the rules of evidence, the legality of certain types of evidence, procedural matters, and theories of criminal law.
In legal proceedings, learned treatises may be used as a reference to support expert testimony or to provide context for specific legal arguments. For instance, if an expert witness provides testimony in a criminal case, they may refer to recognized treatises within their field to bolster their credibility and substantiate their opinions. Generally, the use of learned treatises in court is governed by the rules of evidence, which vary by jurisdiction.
Under the Federal Rules of Evidence, for example, certain publications may be allowed to be cited during cross-examination of an expert witness or as part of the rebuttal, provided that they are established as authoritative, reliable, and recognized in the relevant field. However, the treatises themselves are not necessarily admissible as evidence; rather, they serve to inform the examination of experts and provide insight into established legal principles.