Uncharged Misconduct Evidence is a comprehensive analysis of what may be the single most important evidentiary issue for modern litigators. It is the only multivolume treatise devoted to this topic – not just in the United States but in the entire English-speaking legal world.
On the criminal side, the treatise:
- Reviews all the theories for introducing the testimony
- Deals with the use of the evidence to prove the accused's identity as the perpetrator
- Examines the proof of the occurrence of the actus reus, mens rea, and the use of the testimony to rebut such defenses as entrapment, insanity, and self-defense
- Includes a thorough list of all the potential objections to such evidence, and each objection is annotated to the section of the treatise containing the authorities supporting the objection
On the civil side, you'll find:
- Analysis of the introduction of the evidence in intentional tort cases, negligence actions, and product liability lawsuits
- Discussion of the use of the evidence on damages issues as well as liability
Uncharged Misconduct Evidence has been cited by numerous courts, including the United States Supreme Court in its leading uncharged misconduct evidence decision, Huddleston v. United States, 485 U.S. 681 (1988).