Author: Edward J. Imwinkelried,Daniel D. Blinka
This is the reference your clients would ask you to purchase. Criminal Evidentiary Foundations tells you with precision how to lay foundations for your most critical evidence to be admitted in a criminal trial. Expert authors Edward J. Imwinkelried and Daniel D. Blinka quide you through converting abstract evidentiary doctrine into concrete lines of questioning, with phrasing of questions on direct and cross-examination explained in detail and hundreds of sample foundational questions adapted to specific criminal cases. In this convenient single volume with a current supplement, you'll find your questions answered on witness competency, authentication, relevance, credibility, privileges, opinions, hearsay, suppression, the Best Evidence Rule, and more. Whether you are preparing for your first case or you are a seasoned veteran, this treatise will become your most indespensible tool after the Federal Rules of Evidence in your next trial.
Author: Liz Heffernan,Edward J. Imwinkelried,Ray Ryan,Paul McDermott
Publisher: Bloomsbury Professional
Based on Professor Edward Imwinkelried's authoritative American text, but amended for the Irish market by Dr Liz Heffernan and Ray Ryan, Evidentiary Foundations is a unique text which analyses the law of evidence as it is applied in the courts. Evidentiary Foundations provides brief, succinct explanations of the fundamental rules of evidence and practical guidance as to their application in court. It outlines a step-by-step approach to laying the necessary foundations for the introduction of items of evidence, Through the use of hypothetical factual scenarios, this book converts substantive rules of evidence into concrete lines of questioning.
Author: Edward Imwinkelried,Ronald Carlson,Myron Bright
Objections at Trial , an invaluable handbook from NITA®, bridges the gap between knowing the rules of evidence and applying them in a judicial setting—and clearly identifies what proposed evidence is subject to exclusion by objection. The updated Eighth Edition provides the reader—judge, lawyer, or law student—with a primer on the fine art of making effective objections to inadmissible evidence.
Author: Paul Roberts,Adrian Zuckerman
Publisher: Oxford University Press
Based on Adrian Zuckerman's 'The Principles of Criminal Evidence', this book presents a comprehensive treatment of the fundamental principles & underlying logic of the law of criminal evidence. It includes changes relating to presumption of innocence, privilege against self-incrimination, character, & the law of corroboration.
Author: Paul Mark Sandler,James Kenway Archibald
Publisher: American Bar Association
In this handbook, 70 model examinations show you how to deal effectively with practical evidentiary issues that every trial lawyer faces. The authors—experienced, highly skilled litigators—give you trial-proven, sequences of questions that translate the Rules of Evidence into examinations that will correctly prove facts—and are easily molded to your specific case. Each model starts with a description of a fact situation and is followed by the examination in Q & A format.
Author: Walter P. Signorelli
Publisher: CRC Press
Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. Criminal Law, Procedure, and Evidence examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more of the classic criminal justice issues to which readers can relate. These problems are presented from both the point of view of citizens caught up in a police investigation and from the perspective of police officers attempting to enforce the law within the framework of constitutional protections. Concepts discussed include Probable cause Search and seizure, stop and frisk, and the exclusionary rule Confessions and Miranda warnings The right to counsel Lineups Standards of proof Proportionate sentencing The right to confront accusers Providing a complete view of American legal principles, the book addresses distinct issues as well as the overlays and connections between the issues. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common law evidentiary doctrines.
Author: James W. McElhaney
Publisher: American Bar Association
"Trial Notebook" offers hundreds of techniques and tactics for every stage of a trial's progress in spare, lively, memorable prose. Users get strategies grounded in actual courtroom experience that will improve the effectiveness of their advocacy.
Author: John C. O’Brien,Thomas Lee Stewart,Edward J. Imwinkelried
Publisher: Juris Publishing, Inc.
Missouri Evidentiary Foundations shows you how to address and overcome evidentiary problems in Missouri courtrooms. Using specific lines of questioning and courtroom-proven techniques that apply Missouri evidentiary law, you’ll learn how to: - Frame foundational questions to gain admission or exclusion of evidence - Control the evidence in civil and criminal cases - Make sure your questions are easily understood - "Walk & Talk" an exhibit into evidence - Use motions in limine, motions to strike, and other motions and objections Completely revised and updated, this edition has new sections including techniques for laying multiple foundations, limiting instructions, handling, marking and introducing exhibits, and the authentication and identification of computer animation and simulation evidence.
Author: Larry Pozner,Roger J. Dodd
Cross-Examination: Science and Techniques, Third Edition is an extensive revision and reorganization of Pozner and Dodd’s classic work, written to meet the needs of today’s trial attorneys. Pozner and Dodd’s signature techniques and methodologies, which have brought them acclaim as the nation’s leading experts on cross-examination, are illustrated with numerous new examples added specifically for the Third Edition. The authors provide their best-ever coverage of the “chapter method” of cross-examination with additional excerpts to illustrate various trial scenarios. New content also includes Chapter 6 on Cross Preparation Systems: Sourcing the Facts, giving you the tools to immediately inform a witness, and the court, what electronic or paper document you are using and exactly where in the document is the material upon which you are questioning. As always, the authors, who have lectured on cross-examination to thousands of attorneys worldwide, guide you to successful trial outcomes with a conversational, engaging, and easy-to-read writing style. Inside you'll find valuable advice on how to: Use opponents’ objections as the springboard for deeper and broader cross-examinations. Sequence cross-examination to teach the theory of the case in the best way, and to literally expand the rules of admissibility Use “loops” (the practice of incorporating and repeating key phrases and terms in successive questions to the witness) to rename witnesses and exhibits. Use “double loops” to discredit opposing expert witnesses. Use voir dire to create great jurors Use a fact-driven investigation to develop a winning theory Use a witness’s own words to follow your theme and theory Control the runaway witness Communicate winning theories in opening, cross, and closing Use loops to box in the witness Use tactical sequencing to create the most powerful cross Convert a witness’s silence into admission of fact Induce the witness to voice your pre-selected words Prepare for devastating impeachment Close off any escape routes for the witness Punish the evasive or “I don’t know” witness Control the crying witness Use timing, posture, inflection, diction, wording, eye contact, and other effects to emphasize a witness’s concession Effective cross-examination is a science with established guidelines, identifiable techniques, and definable methods. Attorneys can learn how to control the outcome with careful preparation, calculated strategy, effective skills, and a disciplined demeanor. Pozner and Dodd’s treatise remains the definitive guide to preparing killer cross-examinations, only from LexisNexis.
Author: Robert P. Mosteller,Donald H. Beskind,The Honorable R. Allen Baddour, Jr.,Edward J. Imwinkelried
Learn how to address and overcome evidentiary problems in North Carolina courtrooms. North Carolina Evidentiary Foundations brings North Carolina evidence law to life, showing you how to frame foundational questions to gain admission or exclusion of evidence. The book includes specific lines of questioning, demonstrating courtroom-proven trial techniques that apply North Carolina evidence law. The eBook versions of this title feature links to Lexis Advance for further legal research options.
Author: Edward M. Robinson
Publisher: Academic Press
Crime Scene Photography, Third Edition, covers the general principles and concepts of photography, while also delving into the more practical elements and advanced concepts of forensic photography. Robinson assists the reader in understanding and applying essential concepts in order to create images that are able to withstand challenges in court. This text is a required reading by both the International Association for Identification’s Crime Scene Certification Board and the Forensic Photography Certification Board. Includes an instructor website with lecture slides, practical exercises, a test bank, and image collection and many videos which can be used. Extensively illustrated with over 1000 full color photographs, with many images entirely new for the third edition Over 100 practical exercises help the reader grasp the practical applications Variations of correct and incorrect approaches, to be used alongside practical exercises, available online in the Instructor’s Manual The chapter on Special Photographic Situations includes new sections on autopsy photography, images from drones, recommendations to photographically document bloodstain patterns and firearms trajectories
Author: Steven Lubet
The Fourth Edition of Modern Trial Advocacy: Law School Edition presents a realistic and contemporary approach to learning and developing trial advocacy skills. Dedicated to the law student, the book contains a "Trial Basics" chapter, which discusses what happens in a trial and the role the advocate plays. The Law School Edition has checklists that guide students in their performance. This edition also includes: • a brand new chapter on using electronic visuals and technology in the courtroom; and • new enhanced video content—top NITA faculty demonstrate the core techniques discussed in the book so you can observe and learn these skills in a new way. NITA's best-selling text, Modern Trial Advocacy, has set the standard for trial advocacy texts since 1993. All of NITA's renowned full trial programs use the text, as do prominent law schools nationwide. The authors guide the beginning advocate from developing a winning case theory through all phases of trial, explaining how to present a case as a story, and how to tell the story to the jury powerfully and persuasively.
Author: Andre Moenssens
Publisher: Foundation Press
This text is the seventh edition of an authoritative work that has defined and shaped the legal analysis of scientific evidence for four decades. A single source and definitive reference for law students, scholars, practicing attorneys, and judges, it covers the critical topics in the law and the scientific disciplines most frequently encountered in the courtroom. It explains established capabilities and existing limitations of forensic science methodologies, as well as controversial and emerging issues in both the forensic science community and the legal system. For each discipline, the standards and qualifications of experts are presented along with evidentiary issues and admissibility challenges. This practical resource begins with an overview of admissibility standards for scientific evidence and expert testimony and considerations for selecting and working with experts. It covers the legal principles relevant to demonstrative exhibits used by expert witnesses in connection with scientific evidence. Drawing upon extensive case references and current research articles, the book includes such topics and disciplines as fingerprint evidence, firearm and toolmark evidence, forensic document examination, fire scene and explosives investigation, trace evidence, vehicle investigations, digital forensics, forensic anthropology, forensic odontology, forensic pathology, forensic toxicology, forensic biology and DNA analysis, controlled substances analysis, and forensic psychiatry and psychology.
Author: Paul C. Giannelli
This Understanding treatise presents the essential topics in evidence law cogently and concisely. While it was written primarily for students in Evidence and Trial Practice courses, the "Key Points" summary at the end of each chapter and the inclusion of the current Federal Rules of Evidence in an appendix make this treatise an excellent reference for busy attorneys. Understanding Evidence begins with an overview of Evidence law followed by an explanation of the roles of the judge and jury. The remaining chapters are organized under the following topics: • Procedural Framework of Trial • Relevancy • Witnesses • Real and Demonstrative Evidence • Writings • Hearsay • Privileges • Substitutes for Evidence This treatise extensively discusses and cites the Federal Rules of Evidence. Cases, statutes, other rules, and secondary sources are also cited, providing a comprehensive framework for understanding evidence law.
Evidentiary Dilemmas in Early Modern England
Author: Orna Alyagon Darr
Publisher: Ashgate Publishing, Ltd.
Based on the analysis of 157 primary sources, the book presents a picture of a diverse society whose members tried to influence evidentiary techniques to achieve their distinct goals and to bolster their social standing. In so doing this book further uncovers the interplay between the struggle with the evidentiary dilemma and social characteristics (such as class, position along the centre/periphery axis and the professional affiliation) of the participants in the debate. In particular, attention is focused on the professions of law, clergy and medicine. This book finds clear affinity between the professional affiliation and the evidentiary positions of the participants in the debate, demonstrating how the diverse social players and groups employed evidentiary strategies as a resource, to mobilize their interests. The witchcraft debate took place within the formative era of modern evidence law, and the book highlights the mutual influences between the witch trials and major legal developments."--Pub. desc.
Author: Randolph N. Jonakait,Harold J. Baer Jr.,E. Stewart Jones Jr.,Edward J. Imwinkelried
Learn how to address and overcome evidentiary problems in New York courtrooms. New York Evidentiary Foundations brings New York evidence law to life, showing you how to frame foundational questions to gain admission or exclusion of evidence. Included are specific lines of questioning which demonstrate courtroom-proven trial techniques applying New York evidence law.
Applications and Theory
Author: Ronald J. Rychlak
Publisher: Lexis Nexis
Author: David A. Schlueter,Jonathan D. Schlueter
Publisher: Juris Publishing, Inc.
Texas Rules of Evidence Manual provides an updated comprehensive reference to Texas evidence for both civil and criminal cases. The book provides a rule-by-rule analysis of each Rule of Evidence. This sturdy hard-cover text is designed for heavy use in the courtroom. This text helps those who are bound to use the Texas Rules of Evidence, whether it is the bench or the bar or those studying evidence. While the text contains some academic discussions, the book is designed to explain what a particular Rule requires or prohibits, to indicate what the appellate courts have said about the Rules, and to offer some practical pointers on using the Rules. The book itself has been designed to make it as useful as possible to the harried judge, counsel, and student who must quickly find the "law." Following each Rule is an editorial commentary on the Rule explaining how the Rule works, what the Texas courts have said about the Rule, and how it compares with the Federal Rule, because Texas courts often review federal precedent where they find it helpful in applying a Texas Rule. When appropriate, practical pointers are also provided on how to use the Rule. Where the Rules apply in the same fashion for both civil and criminal cases, those points are discussed together. On the other hand, where they diverge, the authors have used separate headings for "Civil" and "Criminal" when that seems appropriate. One of the objectives of the Editorial Analysis in this text is to deal with the interrelationships of the various Rules. The authors have noted those areas where the Rules differ from pre-Rules case law or statutory provisions. Some of the Rules changed the prior Texas evidence law and, althoughmany of the Texas Rules agree with the Federal Rules, a number differ significantly.