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Exculpatory evidence : the accused's constitutional right to introduce favorable evidence
Title:
Exculpatory evidence : the accused's constitutional right to introduce favorable evidence
Author:
Imwinkelried, Edward J., author.
ISBN:
9781663325068
Edition:
Fifth edition.
Physical Description:
viii, 724, [72] pages ; 27 cm
Contents:
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.
Abstract:
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.
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