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Handbook of Massachusetts Evidence: 2021 Edition

Name: Handbook of Massachusetts Evidence: 2021 Edition
Price: 259.43 USD
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Book Synopsis: 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

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The Handbook of Massachusetts Evidence is an absolute must-have for any attorney in the state. Its comprehensive and practical guide to the law of evidence provides invaluable insights and expert advice on even the most complex evidentiary issues. Whether you're analyzing evidence, planning litigation strategy, or making objections in court, this one-volume compendium has got you covered. It's an indispensable tool in determining the use and admissibility of evidence in Massachusetts courts.

Stay up to date with the latest developments in Massachusetts evidence law with the 2021 Edition. This updated version brings you the most recent cases, statutes, and developments. One notable addition is the application of the doctrine of verbal completeness to hearsay statements. The handbook explains the requirements for admitting additional statements under this doctrine, ensuring you can effectively argue for their admissibility.

In addition, the 2021 Edition addresses the issue of bias against non-English speakers. It provides guidance on how trial judges should handle situations where a defendant requires a translator and whether potential jurors harbor any bias. This insight can significantly impact the fairness of a trial and help you protect your client's rights.

To maintain impartiality in cases involving extraneous material exposure, the judge is now required to conduct individual voir dire of the jurors. This important change gives you the opportunity to thoroughly assess whether jurors can remain unbiased and make informed decisions.

No longer will you struggle with revocation of a juvenile's pretrial probation. The 2021 Edition clarifies the burden of proof required for revocation based on a new criminal offense or violation of a condition. This knowledge will empower you to make compelling arguments for or against revocation, ensuring justice is served.

When it comes to evidence related to criminal investigations, the handbook clarifies that such details are generally inadmissible. It explains why this evidence lacks relevance and how its inclusion can prejudice the jury's perception of the defendant's guilt. Armed with this knowledge, you can skillfully navigate the admissibility of evidence and protect your client's rights.

Don't let any exemptions in disclosure laws hinder your case. The handbook emphasizes that duly adopted agency regulations requiring disclosure take precedence over any exemptions. This critical insight ensures you're aware of your disclosure obligations and can act accordingly to protect your client's interests.

In the realm of identification cases, the Supreme Judicial Court's guidance is paramount. The handbook highlights the importance of avoiding improper suggestions by the police that could lead to a mistaken identification. It also explains when an identification may be suppressed based on common-law principles of fairness. Armed with this knowledge, you can effectively challenge unreliable identifications and safeguard your client's rights.

Upgrade to the 2021 Edition of the Handbook of Massachusetts Evidence today and supercharge your legal practice. With its comprehensive coverage, expert advice, and up-to-date information, you'll be equipped to handle any evidentiary challenge that comes your way. Don't miss this chance to stay ahead of the curve and ensure success for your clients.

Get your copy of the Handbook of Massachusetts Evidence: 2021 Edition and take your legal practice to new heights.

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