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Advanced Introduction to Evidence
This Advanced Introduction to Evidence delivers a comprehensive exposition of the major tenets of evidence law, principally from an American perspective. Using the Federal Rules of Evidence as a structural framework, Richard D. Friedman reflects on the underlying policies, psychological perceptions and philosophical viewpoints that underpin evidence law.
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Critical Acclaim
Contents
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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.
This Advanced Introduction to Evidence delivers a comprehensive exposition of the major tenets of evidence law, principally from an American perspective. Using the Federal Rules of Evidence as a structural framework, Richard D. Friedman reflects on the underlying policies, psychological perceptions and philosophical viewpoints that underpin evidence law.
This comprehensive and accessible book concludes that there are still several important factors that preclude a system of completely free proof, such as the need to prevent bias of the fact-finder, incentivise socially beneficial conduct, prevent undue intrusion on individuals’ lives and ensure that testimony is given according to prescribed procedures.
Key Features:
• Provides an incisive overview of the law of evidence
• Examines how common-law courts have become more receptive to evidence over the last 200 years
• Deftly explores the policies, concepts and philosophies that have resulted in 21st-century evidence law
• Analyses multiple factors that prevent the adoption of a legal system of completely free proof
This masterful Advanced Introduction will be a wonderful study aid for students learning evidence law and a crucial read for scholars and academics across multiple disciplines including evidence law, criminal law, constitutional law, criminology, politics and sociology. It will also prove a key resource for legal practitioners and professionals working in public and social policy.
This Advanced Introduction to Evidence delivers a comprehensive exposition of the major tenets of evidence law, principally from an American perspective. Using the Federal Rules of Evidence as a structural framework, Richard D. Friedman reflects on the underlying policies, psychological perceptions and philosophical viewpoints that underpin evidence law.
This comprehensive and accessible book concludes that there are still several important factors that preclude a system of completely free proof, such as the need to prevent bias of the fact-finder, incentivise socially beneficial conduct, prevent undue intrusion on individuals’ lives and ensure that testimony is given according to prescribed procedures.
Key Features:
• Provides an incisive overview of the law of evidence
• Examines how common-law courts have become more receptive to evidence over the last 200 years
• Deftly explores the policies, concepts and philosophies that have resulted in 21st-century evidence law
• Analyses multiple factors that prevent the adoption of a legal system of completely free proof
This masterful Advanced Introduction will be a wonderful study aid for students learning evidence law and a crucial read for scholars and academics across multiple disciplines including evidence law, criminal law, constitutional law, criminology, politics and sociology. It will also prove a key resource for legal practitioners and professionals working in public and social policy.
Critical Acclaim
‘Friedman expertly guides the reader through the basic conceptual architecture of common law evidentiary analysis and argumentation, employing the US Federal Rules of Evidence as a handy, and – happily – largely unobtrusive, theoretical scaffold. Belying the depths of its erudition, the text adopts an unstuffy, informal tone, accessible to multiple readerships, including students approaching Evidence law for the first time.’
– Paul Roberts, University of Nottingham, UK
‘A clear, concise, and (dare I say) delightful journey through the rules of evidence by one of our foremost evidence scholars. The Advanced Introduction to Evidence is an indispensable guide to any student puzzling their way through the labyrinthine world of evidence law.’
– Edward K. Cheng, Vanderbilt University, US, and Host, Excited Utterance podcast
– Paul Roberts, University of Nottingham, UK
‘A clear, concise, and (dare I say) delightful journey through the rules of evidence by one of our foremost evidence scholars. The Advanced Introduction to Evidence is an indispensable guide to any student puzzling their way through the labyrinthine world of evidence law.’
– Edward K. Cheng, Vanderbilt University, US, and Host, Excited Utterance podcast
Contents
Contents:
Preface
1 Scope and purpose (FRE 101, 102, 1101)
2 Relevance and general countervailing considerations (FRE 401–403)
3 Confrontation and hearsay: historical background (FRE 801–807)
4 What statements are testimonial?
5 Statements offered for their truth (FRE 801(c))
6 Presence at trial (FRE 801(d))
7 Prior testimony (FRE 804(a), (b)(1))
8 Forfeiture and dying declarations (FRE 804(b)(2), (6))
9 Admissions (FRE 801(d)(2))
10 Other hearsay exemptions (FRE 803, 804(b)(3), 807)
11 A possible transformation of hearsay doctrine
12 Character, similar occurrences, and habit (FRE 404–406, 413–415)
13 Other categorical exclusionary rules (FRE 407–411)
14 Privilege (FRE 501, 502, 612)
15 Witnesses: competence, impeachment, and support (FRE 801(d)(1)(A), (B), 603, 605, 606, 610, 611, 613, 701)
16 Expert evidence (FRE 701–706)
17 Structural and procedural considerations (FRE103, 104, 106, 201, 301, 611, 901, 902, 1001–1008)
18 Closing reflections on evidence law
Bibliographical essay
Preface
1 Scope and purpose (FRE 101, 102, 1101)
2 Relevance and general countervailing considerations (FRE 401–403)
3 Confrontation and hearsay: historical background (FRE 801–807)
4 What statements are testimonial?
5 Statements offered for their truth (FRE 801(c))
6 Presence at trial (FRE 801(d))
7 Prior testimony (FRE 804(a), (b)(1))
8 Forfeiture and dying declarations (FRE 804(b)(2), (6))
9 Admissions (FRE 801(d)(2))
10 Other hearsay exemptions (FRE 803, 804(b)(3), 807)
11 A possible transformation of hearsay doctrine
12 Character, similar occurrences, and habit (FRE 404–406, 413–415)
13 Other categorical exclusionary rules (FRE 407–411)
14 Privilege (FRE 501, 502, 612)
15 Witnesses: competence, impeachment, and support (FRE 801(d)(1)(A), (B), 603, 605, 606, 610, 611, 613, 701)
16 Expert evidence (FRE 701–706)
17 Structural and procedural considerations (FRE103, 104, 106, 201, 301, 611, 901, 902, 1001–1008)
18 Closing reflections on evidence law
Bibliographical essay
