The Handbook of Massachusetts Evidence is a comprehensive and practical guide to the law of evidence in Massachusetts. Providing clear explanations of the settled law and expert advice on more complicated evidentiary problems, this one-volume compendium provides in-depth coverage of everything attorneys need for analyzing and weighing evidence, planning litigation strategy, and justifying objections. It is an invaluable aid in determining the use and admissibility of evidence in Massachusetts courts. The 2021 Edition brings you up to date on the latest new cases, statutes, and developments, including these: For a hearsay statement to be admitted under the doctrine of verbal completeness, the proponent must show that the additional statements are "(1) on the same subject as the admitted statement; (2) part of the same conversation as the admitted statement; and (3) necessary to the understanding of the admitted statement." The Court has similarly advised that, where a defendant is entitled to the services of a translator because of an inability to speak English, or the defendant's inability to speak English is likely to become known to the jury, the better practice is for the trial judge to inquire, upon defendant's request, whether any prospective juror harbored bias against non-English speakers. Where the entire jury has been exposed to extraneous material, the judge is required to conduct individual voir dire to determine whether the jurors can remain impartial. For revocation of a juvenile's pretrial probation based on a new criminal offense, the Commonwealth must prove there is probable cause to believe the juvenile committed the offense; for revocation based on violation of a condition, proof must be by preponderance of the evidence. Evidence detailing a criminal investigation is generally not allowed as it usually has no relevance to whether the defendant in fact committed the acts charged, and it may appear as an imprimatur of official belief in defendant's guilt. Where an agency's own duly adopted regulations require disclosure, disclosure is required notwithstanding any exemption in GL 4, § 7 that might apply. The Supreme Judicial Court has emphasized that the constitutional issue in identification cases is not whether "the witness was or might be mistaken but whether any possible mistake was or would be the product of improper suggestions made by the police." Under Massachusetts law, an out-of-court identification may also be suppressed if it violates common-law principles of fairness. A judge may suppress an identification if it resulted from a "highly" or "especially" suggestive confrontation with the defendant, even though not brought about by the police, or if it is so unreliable that the danger of unfair prejudice substantially outweighs its probative value. Previous Edition: Handbook of Massachusetts Evidence, 2020 Edition, ISBN 9781543810516

Handbook of Massachusetts Evidence is the premier work in its field. This comprehensive and practical guide to the law of Massachusetts evidence gives you the latest case law and up-to-date information on all evidentiary matters, including:RelevanceNew kinds of scientific and statistical evidenceCharacter evidenceAdmissibility of confessionsPrivileges and disqualifications Domestic Abuse Prevention StatuteExpert testimony In addition, this new updated Eighth Edition has been expanded to cover recent topics such as: Expert testimony and scientific proof Hearsay Developments in criminal trials With detailed reference to all significant Massachusetts and federal cases with a bearing on the law of evidence, this trial attorney's 'bible' provides all the insightful analysis you need for practical, day-to-day use.

Jury service is one of the most important civic duties a person can undertake, yet it is often poorly understood. This booklet has been prepared in consultation with the Juries Commissioner's Office. It answers frequently asked questions about jury service and provides prospective jurors with a clear explanation of their responsibilities and the processes involved in trials. All potential jurors will receive a copy when they attend for jury service.

Designed specifically for trial use, Michigan Evidence Courtroom Manual's purpose is to provide fast, concise, and authoritative answers to most of the evidentiary questions which arise in the course of trials and hearings, as well as in trial preparation. It accomplishes this through a unique combination of trial-tested features, including: • Rules: The complete rules are collected at the beginning of the book. Individual rules are also at the beginning of the chapter in which the rule is discussed. • Commentary: Perhaps the most important part of this book, the author's Commentary provides a quick overview of the rule under discussion, guidance in interpreting the rule, and helpful pointers for applying the rule in actual practice. In many chapters the Commentary contains special features such as Illustrations, Constitutional Considerations, and Current Trends. • Authority: Following each chapter's Commentary, additional authorities are cited. These give the user a starting point for additional research. • Comparison to Federal Rule: A brief comparison of the Michigan and federal rules in each chapter provides additional insight. • Cases: Recent significant cases are summarized at the end of each chapter. These provide support for argument and decisions required during the course of proceedings.

Handbook of Massachusetts Evidence, 2022 Edition