Exculpatory Evidence: The Accused's Constitutional Right to Introduce Favorable Evidence
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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
Table of Cases