A concise comparison of the federal and Virginia rules of evidence, reprinting (in full) the evidence code of each jurisdiction side-by-side, along with expert analysis of salient distinctions. Comparisons of federal and state evidence rules can be immensely helpful to attorneys, judges, and law students who are often well versed in one set of rules, but not the other. As a result, book-length federal-to-state rule comparisons exist for most major United States jurisdictions. Virginia has until now been a notable exception. For each rule of evidence, this book sets out the full text of the federal and corresponding Virginia rule, followed by a "Comparison and Commentary" section that (1) analyzes salient distinctions between the text of the federal and Virginia rule; (2) describes how those differences operate in application; and (3) highlights distinctions between the rules in application that may not be apparent from the rules' text. The "Comparison and Commentary" section also flags areas where the Virginia codifiers arguably went beyond Virginia case law in creating the codified rules, creating uncertainty as to the controlling evidence rule. Finally, the "Comparison and Commentary" sections reference (and reprint) a number of Virginia statutes that touch on evidentiary principles, but are either not completely captured within the relevant evidence rule or are not referenced at all in the evidence codification. The book is intended for lawyers or law students who already possess an understanding of either Virginia or federal evidence law. This is a comparison of the two evidence codes, not a comprehensive analysis of either one. Non-lawyers or those with only a passing familiarity with evidence law will find many questions left unanswered. In addition, the book is short, just over 200 pages. To keep the volume manageable, only major distinctions are discussed.
R v Campbell (2007) FACTS: The defendant was charged with false imprisonment and assault against a woman with whom he had a sexual relationship. The prosecution was permitted to adduce evidence of recent crimes of violence against ...
An illustration of the application of section 74(1) may be found in R v Robertson. Robertson was charged with conspiring with Poole and Long to commit burglaries. Poole and Long pleaded guilty to relevant substantive counts of burglary, ...
He argued that Officer Moore was mistaking him for a man named David Bailey, with whom he was playing dice around the time of the sale. Mr. Copelin and his corroborating witnesses testified that they had seen Mr. Bailey repeatedly leave ...
Hallmark features of An Analytical Approach to Evidence: Text, Problems, and Cases: An opening transcript from an actual criminal law case illustrates how evidence is admitted and excluded in practice--Chapter Two on the trial process can ...
In Powell v. State,266 the accused was charged with indecency with a child. The prosecution introduced testimony from six witnesses to the effect that they too had been victims of the accused's acts, on the argument that the evidence of ...
Lowery , 6.9 n.255 Turner v . Safley , 5.3 n.267 ; 6.2 n.262 6.12 nn.26 , 169 , 195 , 263 , 430 Tornay v . United States , 6.7 nn.77,96 Torres v . INS , 5.4 n.51 Torres v . Kuzniasz , 6.12 nn.272 , 276 Torres v .
As the prosecution points out , Sullivan's direct testimony raised the issue of his credibility to the jury . Sullivan's credibility was in fact the central issue litigated in the case , as the defense presented only Sullivan and the ...
Maryland Evidence Handbook
Maryland Evidence Handbook
Evidence of Opinion and Expert Evidence