Exculpatory evidence : the accused's constitutional right to introduce favorable evidence / Edward J. Imwinkelried, Norman M. Garland.
2021
KF9678 .I48 2021 (Mapit)
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Details
Title
Exculpatory evidence : the accused's constitutional right to introduce favorable evidence / Edward J. Imwinkelried, Norman M. Garland.
Added Author
Edition
Fifth edition.
Imprint
New York, NY : LexisNexis, [2021]
Copyright
©2021
Description
viii, 724, [72] pages ; 27 cm
Formatted Contents Note
The existence and extent of the accused's constitutional right to present evidence
The existence of a civil litigant's constitutional right to present evidence
Procedural restrictions on the admissibility of defense evidence
Rules rendering persons incompetent as witnesses at trial
Rules excluding logically irrelevant evidence
Rules requiring proof of the underlying logical relevance of evidence : the personal knowledge and authentication doctrines, including the validation of scientific evidence rules of logical evidence
Legal relevance doctrine excluding evidence due to probative dangers such as prejudice and time consumption
Legal relevance rules limiting the admissibility of evidence logically relevant to impeach adverse witnesses
Legal relevance rules limiting the admissibility of evidence logically relevant to the historical merits : character evidence
Common-law and statutory privileges that exclude logically relevant evidence to promote extrinsic social policies
Privileges which exclude logically relevant information to protect the constitutional rights of private persons
Government privileges
The best evidence and opinion rules excluding unreliable testimony
The hearsay rule excluding unreliable testimony
Defense advocacy for the accused's right.
The existence of a civil litigant's constitutional right to present evidence
Procedural restrictions on the admissibility of defense evidence
Rules rendering persons incompetent as witnesses at trial
Rules excluding logically irrelevant evidence
Rules requiring proof of the underlying logical relevance of evidence : the personal knowledge and authentication doctrines, including the validation of scientific evidence rules of logical evidence
Legal relevance doctrine excluding evidence due to probative dangers such as prejudice and time consumption
Legal relevance rules limiting the admissibility of evidence logically relevant to impeach adverse witnesses
Legal relevance rules limiting the admissibility of evidence logically relevant to the historical merits : character evidence
Common-law and statutory privileges that exclude logically relevant evidence to promote extrinsic social policies
Privileges which exclude logically relevant information to protect the constitutional rights of private persons
Government privileges
The best evidence and opinion rules excluding unreliable testimony
The hearsay rule excluding unreliable testimony
Defense advocacy for the accused's right.
Summary
Exculpatory Evidence, Fifth Edition offers a comprehensive study of the evolution of case law defining the scope of the constitutional right to present exculpatory evidence, which has been used to override virtually every type of evidentiary exclusionary rule. The authors point out incisive constitutional arguments and effective trial defense strategies to foil evidentiary privileges and put the prosecution on guard. Don't rely on the exclusion of prosecution evidence to earn an acquittal. Your client's future depends on your ability to present the best possible defense. That means offering all the favorable evidence you can - even evidence that is technically inadmissible under exclusionary rules or privileges.
Bibliography, etc. Note
Includes bibliographical references and index.
Supplement Note
Kept up-to-date by pocket parts.
Other Editions
Call Number
KF9678 .I48 2021
Language
English
Holding Record
Supplement: 2021-
ISBN
9781663325068 (hardcover)
1663325065 (hardcover)
9781663325075 (electronic book)
1663325065 (hardcover)
9781663325075 (electronic book)
Record Appears in