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Criminal and Forensic Evidence: Cases, Materials, Problems, Fourth Edition (2014)

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ISBN: 9780769894393
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***Now available for eBook purchasers! Introducing LexisNexis® Evidence Challenge, an interactive and role-based exam preparation tool included as an enhancement to your eBook purchase of this publication. Solve realistic Evidence problems in a virtual courtroom with links to the new Evidence Challenge, which also provides you with real-time feedback on your performance and direction on where to focus your studies. If you choose to purchase a print or loose-leaf version of this text, access to Evidence Challenge can be purchased separately at the Evidence Challenge web site

This unique casebook adopts a modern, comprehensive approach to the study of evidence issues that arise in the context of criminal trial litigation. It covers evidentiary issues associated with the admission of forensic evidence, including expert testimony, as well as traditional evidence issues, such as evidence of prior bad acts offered for purposes other than to prove propensity, and evidence of a rape victim's prior sexual behavior. The materials are presented in two parts that allow for a Criminal Evidence course focused solely on forensic science, solely on traditional criminal evidentiary issues, or a combination of both topics.

The Fourth Edition represents a major revision of the casebook. Virtually every chapter has been updated with new and more recent cases and materials. A total of twenty-six new cases have been added to the fourth edition, followed by comprehensive notes and questions. Some of the main updates:

Chapter 5, Evidence Based on Research in Social and Behavioral Science, includes several new cases on the admissibility of expert testimony on eyewitness identification, rape trauma syndrome, child sex abuse syndrome, and battered woman syndrome.

Chapter 8, Hearsay Where the Availability of the Declarant is Immaterial, includes three recent U.S. Supreme Court cases: Bullcoming v. New Mexico (2011), Michigan v. Bryant (2011), and Williams v. Illinois (2012). Additionally, a case recently decided by the California Supreme Court discussing the implications of Williams has been added to the new edition.

Chapter 10, Impeachment, has been substantially revised with the addition of several new cases on impeachment by prior conviction, misconduct not resulting in a conviction, and opinion testimony regarding the truthfulness of a government witness, as well as impeachment by contradiction.

Chapter 11, Photographs, Videotapes, Audio Recordings, and Demonstrations, includes new cases on the admission of graphic autopsy photographs, the foundational requirements for the admission of videotape recordings, and a new section discussing the admission of computer-generated evidence, e.g., computer animations and computer simulations.

Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 ½ x 11 inch paper with wider margins and with the same pagination as the hardbound book.

Table of Contents

Chapter 1 FORENSIC SCIENCE AND THE CRIMINAL JUSTICE SYSTEM 


Chapter 2 INSURING RELIABILITY OF SCIENTIFIC THEORY AND TECHNIQUE



Chapter 3 ENSURING PROPER APPLICATION AND INTERPRETATION OF THE SCIENTIFIC TECHNIQUE ON A PARTICULAR OCCASION



Chapter 4 PROBLEMS OF ADMISSIBILITY AND USE ASSOCIATED WITH SPECIFIC SCIENTIFIC TECHNIQUES



Chapter 5 EVIDENCE BASED ON RESEARCH IN SOCIAL AND BEHAVIORAL SCIENCE



Chapter 6 CHARACTER EVIDENCE



Chapter 7 HEARSAY -- ADMISSIONS



Chapter 8 HEARSAY -- EXCEPTIONS WHERE THE AVAILABILITY OF THE DECLARANT IS IMMATERIAL



Chapter 9 HEARSAY-- EXCEPTIONS REQUIRING THAT THE DECLARANT BE UNAVAILABLE



Chapter 10 IMPEACHMENT



Chapter 11 PHOTOGRAPHS, VIDEOTAPES, AUDIO RECORDINGS AND DEMONSTRATIONS



Appendix A Federal Rules of Evidence