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Lexis Nexis Exculpatory Evidence: The Accused's Constitutional Right to Introduce Favorable Evidence
Exculpatory Evidence 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.
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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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Featured Authors
Edward J. Imwinkelried
Edward J. Imwinkelried
Edward J. Imwinkelried is the Edward L. Barrett, Jr. Professor of Law Emeritus at UC Davis School of Law. A nationally recognized expert on subjects such as DNA typing, forensic psychiatry, and laser techniques for fingerprint detection, Professor Imwinkelried is the author of more than 200 books and other publications, including Evidentiary Foundations (11th ed. 2020) (LexisNexis/Matthew Bender), McCormick on Evidence (8th ed. 2020), Uncharged Misconduct Evidence (2020 ed.), The New Wigmore: Evidentiary Privileges (3d ed. 2017), and Evidentiary Foundations (6th ed. 2016) (Michie/LexisNexis). In the 2020 HeinOnLine Top Scholar ranking, he was listed as the most cited Evidence scholar in the United States. Professor Imwinkelried served as an army lawyer in the XXIV Corps and 196th Light Infantry Brigade in Vietnam in 1971-1972. He went on to become a lecturer on evidence, criminal procedure, crimes and trial advocacy in the Criminal Law Division of the Judge Advocate General's School in Virginia, then a Professor of Law at the University of San Diego and Washington University before coming to UC Davis in 1985. He has also taught as a Visiting Professor at the Ohio State University, the University of Illinois, the University of Houston, University College Dublin, and China University of Political Science and Law.
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
