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Exculpatory Evidence: The Accused's Constitutional Right to Introduce Favorable Evidence, Fourth Edition

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ISBN: 9781632837875
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Exculpatory Evidence, Fourth 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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Table of Contents

Chapter 1 Introduction

Chapter 2 The Existence and Extent of the Accused's Constitutional Right to Present Evidence

Chapter 2A The Existence of a Civil Litigant's Constitutional Right to Present Evidence

Chapter 3 Procedural Restrictions on the Admissibility of Defense Evidence

Chapter 4 Rules Rendering Persons Incompetent as Witnesses at Trial

Chapter 5 Rules Excluding Logically Irrelevant Evidence

Chapter 6 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

Chapter 7 Legal Relevance Doctrine Excluding Evidence Due to Probative Dangers Such as Prejudice and Time Consumption

Chapter 8 Legal Relevance Rules Limiting Admissibility of Evidence Logically Relevant to Impeach Adverse Witnesses

Chapter 9 Legal Relevance Rules Limiting The Admissibility of Evidence Logically Relevant to the Historical Merits

Chapter 10 Common Law and Statutory Privileges That Exclude Logically Relevant Evidence to Promote Extrinsic Social Policies

Chapter 11 Privileges Which Exclude Logically Relevant Information to Protect the Constitutional Rights of Private Persons

Chapter 12 Government Privileges

Chapter 13 The Best Evidence and Opinion Rules Excluding Unreliable Testimony

Chapter 14 The Hearsay Rule Excluding Unreliable Testimony

Chapter 15 Defense Advocacy for the Accused's Right to Present Evidence

Chapter 16 Conclusion

Appendices

Bibliography

Table of Cases

Index