Evidence

Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory.

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The National Institute of Justice is pleased to release DNA for the Defense Bar. This is the fourth publication in a series designed to increase the field’s understanding of the science of DNA and its application in the courtroom. The other three publications include “Principles of Forensic DNA for Officers of the Court,” “DNA: A Prosecutor’s Practice Notebook,” and “DNA for Law Enforcement Decision Makers.” This book is specifically designed for criminal defense attorneys. You are defense counsel in a case with DNA evidence or where the absence of DNA evidence may raise factual or legal issues. DNA evidence, when properly collected and analyzed, and when relevant to an alleged crime, can have extraordinary value in the adjudication of a criminal case. This book is designed to help defense attorneys understand: The biology of DNA, Proper collection procedures for DNA evidence, Interpretation of DNA analysis and findings, When and why an expert is needed, Development of case theory in a DNA-based prosecution or in a case where there should be DNA evidence, Legal issues for pretrial and trial in cases with DNA evidence.

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If you are a litigator, then you understand that a well-received expert is a vital segment of your winning case. All trial lawyers confront many issues when dealing with experts, including skepticism from the court, a high cost for your client, and resentful jurors who fear the expert is arrogant. In this Third Edition, authors Paul Zwier and David Malone examine the rules of evidence and ethics that govern the relationship of experts to lawyers, experts to juries, and experts to courts all in a manner that resolves these issues.

Effective Expert Testimony now provides the litigator more guidance concerning what can be discovered pretrial including information selected by the attorney. Additionally, you will find information on case law, rules, and statutes that specify how the expert may communicate with the hiring attorney before submitting an opinion.

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The State Bar of Texas is proud to present Essentials of E-Discovery, a desktop reference on the evolving legal issues encountered during the electronic discovery process. This book examines the major topics taken from state and federal case law regarding this expanding area of litigation; it should indeed prove an essential resource to any attorney who deals with electronic discovery.

TOPICS INCLUDE:
Duty to preserve and litigation holds
Computer usage policies and records management
E-mail
Electronically stored information (ESI) collection, search, culling, and review
Responding to e-discovery requests and disputes
Privilege waiver
Rule 26(f) meet and confer
Rule 30(b)(6) depositions
Mediation of e-discovery disputes
Spoliation and sanctions
Introduction to computer forensics
ESI discovery in criminal, family, and personal injury case
The Essentials of E-Discovery Digital Download, consisting of a fully hyperlinked and searchable PDF file of the entire book, is included at no charge with purchase of the printed book and may also be purchased separately. Texas and federal case and statutory citations are linked to the Casemaker database online.

The No. 1 selling study aid in the field, Evidence: Examples and Explanations is the most clear, effective, and concise text available for students today. Beautifully organized, with compelling examples and questions, this ancillary delivers exactly the right level of detail for a student’s first introduction to evidence law.

Features:
• Updated to reflect the newly effective restyled Federal Rules of Evidence
• Includes latest Supreme Court cases
• Analyzes the ebb and flow of Confrontation Clause jurisprudence
New Appendix covers the text of rules; includes concise highlights of rules, and references to treatment of each rule in the text
Key concepts presented in tables and charts

Publisher's description

Emanuel CrunchTime provides the right information, in the right format, at the right time to prepare for exams. Based on the trusted Emanuel Law Outlines developed by a Harvard law student (while he was in law school), Emanuel CrunchTime skillfully employs flow charts so you can walk step-by-step through the major principles and topics in the course in a pattern that can be used to analyze any exam question. Abundant tips and ample review features help you approach the final with confidence. The Capsule Summary allows you to quickly review key concepts, and you can test your knowledge by working through the many Short-Answer Q&A s. CrunchTime lets you practice your essay exam skills as well. Exams Tips based on hundreds of past law school and bar exam questions recap the legal issues commonly tested. CrunchTime study aids structure the maximum amount of information you can learn in the last week before exams.
Developed for students by a Harvard law student (while he was in law school), Emanuel CrunchTime titles provide the trusted guidance of Emanuel Law Outlines in a tighter, briefer format for quick review at exam time.

-Flow Charts walk you through a series of yes/no questions that can be used to analyze any question on the exam.
-The Capsule Summary allows you to quickly review key concepts.
-You can test your knowledge by working through the ample Short-Answer Q&A s, which are organized by topic.
-Exams Tips often based on hundreds of past law school and bar exam questions recap the legal issues commonly tested on exams for you. They explore fact patterns typically used to test those issues.
-CrunchTime allows you to practice your essay exam skills by answering questions asked on past exams.
-Flowcharts help you craft compelling essays, and you can compare your answers to the samples provided.
-CrunchTime aids structure the maximum amount of information you can learn in the last week before exams.
-Uniform in writing style and approach, you can be confident that any title in the series is of consistent quality.
-Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks.

Publisher's description

Comprehensive and authoritative coverage of all aspects of federal civil, criminal and appellate procedure, including rules of civil, criminal, and appellate procedure, rules of evidence, the federal judicial system, jurisdiction of all federal courts, venue, removal of cases, res judicata, relation of state and federal courts, multidistrict litigation, and more. Provides extensive analysis of each rule as interpreted and applied by the federal courts and affected by related statutes and rules. Includes official forms adopted with the rules. Contains numerous tables and couples key words, ideas, and legal concepts to index and cited decisions, statutes, and other relevant materials.

Note: Volumes 21-31A focus on Evidence.

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The Innocence Commission describes the creation and first years of the Innocence Commission for Virginia (ICVA), the second innocence commission in the nation and the first to conduct a systematic inquiry into all cases of wrongful conviction. Written by Jon B. Gould, the Chair of the ICVA, who is a professor of justice studies and an attorney, the author focuses on twelve wrongful conviction cases to show how and why wrongful convictions occur, what steps legal and state advocates took to investigate the convictions, how these prisoners were ultimately freed, and what lessons can be learned from their experiences.

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Dennis Fritz was an ordinary middle-aged man leading an ordinary life, when, on May 8, 1987, he was on his way to jail on charges of rape and murder. An overzealous prosecutor bent on winning relied on flimsy circumstantial evidence and Dennis was convicted and sentenced to life in prison while his co-defendant, Ronnie Williamson was sentenced to death. After twelve years of incarceration, with the help of Barry Scheck of the Innocence Project, and DNA testing, Dennis and Ronnie were exonerated and the real killer is found guilty. On April 15, 1999, Dennis and Ronnie walk free from prison.

Publisher's description

COURSEBOOK: Learning Evidence engages students by offering colorful courtroom examples, excerpts from trial transcripts, and lucid explanations of each evidentiary rule. The third edition has been fully updated to reflect the emergence of electronic media, the Supreme Court’s Sixth Amendment jurisprudence, and recent amendments to the Federal Rules of Evidence. This edition also includes a dozen online videos to reinforce student understanding.

Publisher's description

The late Professor Irving Younger's experience as a trial judge, law professor, and successful trial attorney, along with his flair for storytelling, makes this series fascinating. This particular series centers of cross-examination, with subjects including: child witnesses, sympathetic witnesses, medical witnesses, and more!

This single-volume treatise is largely free of citations to authority, but retains the most notable footnotes. Topics covered include preparing and presenting evidence, cross-examination, and the procedure for admitting and excluding evidence. Discusses privilege against self-incrimination, privilege concerning improperly obtained evidence, scientific evidence, and demonstrative evidence. Reviews authentication, the hearsay rule, burdens of proof, and presumptions. Text also identifies current issues.

Publisher's Description

The Revised Second Edition has been updated to reflect the most recent stylistic changes to the Federal Rules of Evidence, effective December 1, 2011.

Questions and Answers: Evidence helps you develop a better, fuller understanding of the law of evidence that will carry you through your evidence class and on into practice. This indispensable supplement, part of our well-known Questions and Answers series, helps you apply concepts as you learn them so that you can prepare more effectively for class and gain a competitive edge on exams.

This study guide includes over 260 multiple-choice and short-answer questions, arranged topically for ease of use during the semester, plus an additional set of 50 "practice exam" questions. For each multiple-choice question, there is a detailed answer that indicates which of four options is the best answer and explains thoroughly why that option is better than the other three options. Each short-answer question is designed to be answered in fifteen minutes or less and includes a thoughtful, comprehensive, yet brief model answer.

Publisher's description

The National Institute of Justice (NIJ) is the research, development and evaluation agency of the US Department of Justice. The NIJ is dedicated to improving knowledge and understanding of crime and justice issues through science. NIJ provides objective and independent knowledge and tools to reduce crime and promote justice, particularly at the state and local levels.

Each year, the NIJ publishes and sponsors dozens of research and study documents detailing results, analyses and statistics that help to further the organization's mission. These documents relate to topics like biometrics, corrections technology, gun violence, digital forensics, human trafficking, electronic crime, terrorism, tribal justice and more. This document is one of these publications.

Publisher's description

Volume One of Problems and Materials in Evidence and Trial Advocacy contains two relatively detailed case files, quite similar to the material a trial lawyer may have as he or she approaches trial. The first file is a murder case, where the issue is the identity of the killer and the defendant is the estranged husband of the victim. The second file is a civil action for defamation brought by a former employee against her very wealthy employer. The cases are designed to raise realistic and challenging issues in trial theory and practice and in the law of evidence. The book is designed to be used with Volume II of Problems and Materials, which contains over three hundred problems in Evidence and over sixty exercises in Trial Advocacy based on the files. Description from NITA.

Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law’s goals.

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A practical guide for getting all types of exhibits admitted into evidence at trial and in pretrial proceedings. Exhibits are divided into seven main categories and the foundation questions and answers are provided for each. Discusses more than 100 different kinds of exhibits in detail, with emphasis on newer technology.

Publisher's description

Benefit from step-by-step guidance and a variety of practice-friendly features.
This indispensable practice tool provides substantive and procedural guidance to all the evidentiary issues you could encounter throughout the trial process in Texas. Includes five easy-to-update office books and a trial book. Simply copy relevant material from office books and place behind tabs in trial book for use in court.
Whether you're a new or experienced trial attorney, you'll also save time with helpful practice aids such as: how to object and how to respond to an objection on all grounds- relevancy, competency, "best evidence," and hearsay; scripts on what to say in court; direct quotes of relevant statutes and rules; master checklists of motions; and much more.

Coverage includes:
• Presenting and opposing motions in limine, using affidavits as foundations for documentary evidence
• Assertion of privileges, admission of testimony, expert opinions, and documentary evidence, and effective cross-examination
• Leading case authorities
• Procedural guidance concerning trial settings, continuances, special exceptions and pleadings, amendments, oral depositions, recusal motions, consolidation and severance, jury selction, motions for judgment, and closing argument.

Publisher's description

Successful Texas lawyers turn to Texas Courtroom Evidence for answers to evidence questions. It provides comprehensive coverage of Texas Evidence Law, including the latest decisions addressing specific areas of interest such as the following:

• Binding admissions made by attorney during oral argument
• Admissibility of DPS accident reports
• Testimony of expert witnesses
• Admissibility of statements to insurance companies
• Requirements of admissibility of similar accidents
• Authentication of "enhanced" audio tape
• Judicial notice of another state's laws versus choice of law questions

Publisher's description

Texas Evidentiary Foundations is the ideal one-volume guide for overcoming common, and not-so-common, evidentiary problems in the courtroom. This accessible and popular manual shows you how to frame predicate questions to gain admission or exclusion of specific types of evidence and includes a list of the foundational elements and examples of specific lines of questioning for establishing these elements. Each foundation is accompanied by a clear explanation of the supporting principles of Texas evidence law. Packed with proven trial techniques, Texas Evidentiary Foundations will help you prepare for every evidentiary challenge you may face at trial.

Publisher's description

Electronic discovery can be a minefield for the unwary. Texas Perspectives on E‑Discovery will assist you in making the discovery process fruitful, fair, and cost effective. This compilation of articles, initially presented at TexasBarCLE seminars across the state, covers a variety of topics that lawyers need to be aware of regarding the discovery, authentication, and admissibility of electronically stored information. You will also learn about the potential pitfalls associated with electronic discovery including the financial costs, the duty to preserve, and spoliation. Topics include:

Discovery & Authentication
Recent Developments & Trends
Social Media Discovery Issues
Document Management
Litigation Holds
Proportionality Doctrine
Computer Forensics
Clawback Agreements
Hash Values & Metadata

Publisher's Description

Guide to the Texas Rules of Evidence: Civil and Criminal offers practical and comprehensive exploration of the Texas Rules of Evidence. The authors incorporate all significant rules, statutes, and cases interpreting state evidence rules, such as:

• Texas Rules of Civil Evidence
• Texas Rules of Criminal Evidence
• Federal Rules of Evidence with notes by the Federal Judicial Center
• Advisory Committee Notes
• Relevant legislative history

Publisher's description

The Texas Rules of Evidence Handbook provides guidance and explanations on some of evidence's most challenging topics through in-depth commentary and substantive analysis of the Texas Rules of Evidence for both civil and criminal cases.

Publisher's Description

The California edition expands the latest edition of the well-established treatise Understanding Evidence to explore California's unique approach. Each chapter begins with the federal doctrine, followed by a section on how California approaches the topic. The Appendices include the California Evidence Code. The book is primarily intended as a reference for law school civil procedure students in California. However, its treatment of recent developments may make it useful to some practitioners as well.

Publisher's description

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.

Publisher's description

"The study of memory had become my specialty, my passion. In the next few years I wrote dozens of papers about how memory works and how it fails, but unlike most researchers studying memory, my work kept reaching out into the real world. To what extent, I wondered, could a person's memory be shaped by suggestion? When people witness a serious automobile accident, how accurate is their recollection of the facts? If a witness is questioned by a police officer, will the manner of questioning alter the representation of the memory? Can memories be supplemented with additional, false information?"

The "passion" Loftus describes in the lines above led her to a teaching career at the University of Washington and, perhaps more importantly, into hundreds of courtrooms as an expert witness on the fallibility of eyewitness accounts. As she has explained in numerous trials, and as she convincingly argues in this absorbing book, eyewitness accounts can be and often are so distorted that they no longer resemble the truth.

Publisher's description