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The study of decisions in the criminal justice process provides a useful focus for the examination of many fundamental aspects of criminal jus tice. These decisions are not always highly visible. They are made, or dinarily, within wide areas of discretion. The aims of the decisions are not always clear, and, indeed, the principal objectives of these decisions are often the subject of much debate. Usually they are not guided by explicit decision policies. Often the participants are unable to verbalize the basis for the selection of decision alternatives. Adequate information for the decisions is usually unavailable. Rarely can the decisions be demonstrated to be rational. By a rationaldecision we mean "that decision among those possible for the decisionmaker which, in the light of the information available, maximizes the probability of the achievement of the purpose of the decisionmaker in that specific and particular case" (Wilkins, 1974a: 70; also 1969). This definition, which stems from statistical decision theory, points to three fundamental characteristics of decisions. First, it is as sumed that a choice of possible decisions (or, more precisely, of possible alternatives) is available. If only one choice is possible, there is no de cision problem, and the question of rationality does not arise. Usually, of course, there will be a choice, even if the alternative is to decide not to decide-a choice that, of course, often has profound consequences.
Prompted by mounting changes and mounting confusion in constitutional evidence law and by the new restyling of the Federal Rules of Evidence, this Edition presents the familiar student-friendly textbook, now with these improvements: Presents and digests the latest Confrontation Clause caselaw, including Williams v. Illinois, 132 S. Ct. 2221 (2012); Fully incorporates the restyled Federal Rules of Evidence; Surveys the latest scholarship and caselaw to assess the current validity of a range of forensic sciences; Presents new cases and problems throughout, while carefully retaining tried-and-true teaching tools, however old, that have shown no sign of wear. As with past editions, this new text addresses the intricacies of evidentiary law in a way students will find both engaging and intellectually compelling.
Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.
"Inspired by problems that spring from real life, this casebook presents the intricacies of evidentiary law in a way that law students will find both intellectually compelling and enjoyable. Many of the problems are based on facts taken from cases or news articles, complete with citations, and this fact-based approach piques student interest. This fact-based approach piques student interest, causing them to ask, "How would a good lawyer attack this problem?" rather than "What is the professor driving at?" Based on the belief that students typically prefer to look at the courtroom through the criminal law lens, the casebook emphasizes the criminal context, while using civil cases when illustrating rules that apply mainly in the civil context."--Publisher's Website.
Widely hailed as one of the best casebooks in legal education, this comprehensive text combines interesting cases, thoughtful analysis, notes, images, and a clear organization for an excellent teaching tool. Cartoons, illustrations, case documents, and photographs provide engaging visual commentary. Sidebars on relevant persons, places, and things provide interesting and sometimes humorous context. New to the Eleventh Edition: New section on will execution during the COVID-19 pandemic, with attention to reconciling “presence” with social distancing Updated and completely revised section on electronic or digital wills, with attention to the latest cases and statutes Updated to account for the 2021 and 2019 revisions to the Uniform Probate Code that, among other things, eliminated gender-based distinctions and expanded recognition of non-biological parent-child relationships Updated coverage of wealth and income inequality and new material on recent proposals for a wealth tax Updated and completely revised section on trust decanting, with attention to the latest statutory and case law developments Updated and completely revised section on asset protection trusts, with attention to key choice-of-law and fraudulent transfer principles Professors and students will benefit from: Unique blend of wit, erudition, insight, and playfulness retained from the late Jesse Dukeminier Organization that covers all the key topics in a logical and clear format Interesting cases that are not only fun to read, but fun to teach Cases enhanced and connected to broader legal principles by well-written connective text, notes, questions, problems, and sidebars Arresting two-color design Cartoons, illustrations, wills and other case documents, and photographs that provide visual commentary and teaching aids
A long-time leader in Evidence courses for its authority, timeliness, and flexibility, Mueller and Kirkpatrick’s Federal Rules of Evidence 2008 Edition continues to provide the latest developments in evidence law. This 2008 Edition presents: Completely current Federal Rules of Evidence as amended through December 1, 2007 Proposed but rejected Rules