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Exculpatory evidence : [electronic resource] the accused's constitutional right to introduce favorable evidence

by Imwinkelried, Edward J; Garland, Norman M.
Publisher: Newark, NJ : LexisNexis, c2004Edition: 3rd ed.Description: online resource.ISBN: 1558344160; 9781558344167.Subject(s): Exculpatory evidence -- United States | Defense (Criminal procedure) -- United StatesOnline resources: Click to access digital title
Contents:
Introduction -- 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 admissibility of evidence logically relevant to impeach adverse witnesses -- Legal relevance rules limiting the admissibility of evidence logically relevant to the historical merits -- 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 to present evidence -- Conclusion.
Summary: "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 if it is technically inadmissible under exclusionary rules or privileges. Exculpatory Evidence, Second Edition presents incisive constitutional arguments & effective trial strategies you can use to foil evidentiary privileges & put the prosecution on guard." -pulisher's description
List(s) this item appears in: Criminal Appeals
No physical items for this record

Includes bibliographical references (p. 595-603) and index.

Introduction -- 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 admissibility of evidence logically relevant to impeach adverse witnesses -- Legal relevance rules limiting the admissibility of evidence logically relevant to the historical merits -- 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 to present evidence -- Conclusion.

"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 if it is technically inadmissible under exclusionary rules or privileges. Exculpatory Evidence, Second Edition presents incisive constitutional arguments & effective trial strategies you can use to foil evidentiary privileges & put the prosecution on guard." -pulisher's description

Electronic reproduction. Newark, NJ : LexisNexis 2014 Requires OverDrive Read (file size: N/A KB) or Adobe Digital Editions (file size: 834 KB) or Amazon Kindle (file size: N/A KB).

Digital Collection

Other editions of this work

Exculpatory evidence : by Imwinkelried, Edward J. ©1996
Exculpatory evidence : by Imwinkelried, Edward J. ©1990

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