Procedure | Resources | Sec. 8.4

Fundamentals of Procedural Law by Adam J. McKee

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Reading Assignment for Section 8.4

Read the following subsection from our online textbook: Section 8.4: Newly Discovered Evidence.

Note: This section spans multiple pages, so be sure to review all pages to fully understand the material.

What You Will Learn

In this section, you’ll explore the critical role of newly discovered evidence in ensuring fairness and justice within the legal system. You’ll learn about the legal standards for admitting this evidence, such as timing, relevance, and materiality, and how it can affect case outcomes, including reversals and resentencing. By examining key cases like Schlup v. Delo and Herrera v. Collins, you’ll gain insight into the challenges and implications of introducing new evidence while maintaining public confidence in the judicial process.

Student Learning Outcomes for Section 8.4

  • SLO 1: Explain the significance of newly discovered evidence in ensuring fairness, accuracy, and justice within the legal process, particularly in criminal and civil cases.
  • SLO 2: Identify and evaluate the legal requirements for introducing newly discovered evidence, including timing, materiality, relevance, and compliance with procedural rules.
  • SLO 3: Analyze the potential effects of newly discovered evidence on convictions, including reversals, affirmations, resentencing, and the recognition of actual innocence.
  • SLO 4: Examine landmark cases, such as Schlup v. Delo and Herrera v. Collins, to understand the judicial framework governing the admission and impact of newly discovered evidence.
  • SLO 5: Assess the ethical and procedural challenges involved in handling newly discovered evidence, including its impact on victims, defendants, and public confidence in the legal system.

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Slide Presentations

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Last Updated:  01/11/2025

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