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 occurrence of the actus reus, the defendant's mens rea, and the defendant's identity as the perpetrator
- Addresses the use of the testimony to rebut defense such as entrapment, insanity, and self-defense
- Includes a thorough list of all the potential constitutional and non-constitutional objections to such evidence, and each objection is annotated to the section of the treatise containing the authorities supporting the objection
- Surveys related procedures such as in limine motions and limiting instructions
On the civil side, the treatise:
- Analyzes the introduction of the evidence in intentional tort cases, negligence actions, and product liability lawsuits
- Discusses use of the evidence on both liability and damages issues such as entitlement to punitive damages
Uncharged Misconduct Evidence has been cited by numerous federal and state courts, including the United States Supreme Court in its leading uncharged misconduct evidence decision, Huddleston v. United States, 485 U.S. 681 (1988).
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