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Now in its second edition,Criminal Evidence: An Introductionprovides comprehensive and applied coverage of the rules of evidence, along with numerous case excerpts that clearly illustrate those rules. Using engaging, straightforward language, authors John L. Worrall, Craig Hemmens, and Lisa Nored offer an invaluable and innovative resource for both students and instructors. Concentrating on the Federal Rules of Evidence, this distinctive text presents in-depth yet concise coverage of evidentiary law in thirteen succinct chapters. To draw students into this complex subject, the authors explain criminal evidence through a unique blend of text and case excerpts; throughout, these excerpts illuminate the rules in useful, fascinating, and often unusual examples. New to this Edition * Includes hypothetical "Case Decision" exercises * Revised and updated with the latest scholarship and research * A new chapter on wrongful convictions * Places more emphasis on the role of evidence * Completely updated with important cases and developments in evidence law * Incorporates excerpts from the Federal Rules of Evidence * Helpful pedagogical resources and study aids--discussion questions, lists of relevant websites, and a glossary of key terms
John L. Worrall is Professor of Criminology and Program Head at the University of Texas at Dallas.
Craig Hemmens is Department Head and Professor, Department of Criminology and Criminal Justice, Missouri State University.
Lisa Nored is Professor and Director of Criminal Justice at the School of Criminal Justice at the University of Southern Mississippi.
Table of Contents
Each Chapter opens with a list of key terms and an Introduction, and ends with a Summary, Discussion Questions, suggestions for further reading, and a list of cited cases. SECTION ONE: PRELIMINARY MATTERS/SETTING THE STAGE CHAPTER 1: INTRODUCTION The Development of Law Precedent and stare decisis Sources of Law Sources of Individual Rights The Constitution The Bill of Rights Standard of Review Incorporation of the Bill of Rights Judicial Review Rules of Evidence Purpose History CHAPTER 2: THE AMERICAN CRIMINAL COURT SYSTEM Jurisdiction The Federal Courts District Courts Courts of Appeals The Supreme Court The State Courts Court Actors Judges Prosecutors Defense Attorneys Overview of the Criminal Process Pretrial Proceedings Pretrial Motions Jury Selection The Trial Sentencing Appeals CHAPTER 3: SOME IMPORTANT UNDERLYING CONCEPTS Burdens of Proof and Production The Burden of Production The Burden of Proof The Reasonable Doubt Standard Other Standards for the Burden of Proof The Exclusionary Rule History of the Exclusionary Rule Exceptions to the Exclusionary Rule Affirmative Defenses Justification Defenses Self-defense Consent Execution of Public Duties Excuse Defenses Duress Intoxication Mistake Age Insanity CHAPTER 4: FORMS OF EVIDENCE Types of Evidence Direct and Circumstantial Evidence Circumstantial Evidence Ability to Commit the Crime Intent or Motive Consciousness of Guilt Evidence Involving the Victim Evidence Involving the Character of the Suspect or Victim Judicial Notice Who Is Responsible for Judicial Notice? Varieties of Judicial Notice Judicial Notice of Adjudicative Facts The "Indisputable" Component The Common Knowledge Component The Ascertainable Fact Component Procedure for Judicial Notice More Benefits of Judicial Notice Criticisms of Judicial Notice Presumptions and Inferences Distinguishing between Presumptions and Inferences Conclusive Versus Rebuttable Presumptions Presumptions of Law Versus Presumptions of Fact The Effect of Presumptions The Need for Presumptions and Inferences Types of Presumptions The Presumption of Innocence The Presumption of Sanity The Presumption against Suicide The Presumption of a Guilty Mind Following Possession of the Fruits of Crime The Presumption of Knowledge of the Law The Presumption of the Regularity of Official Acts The Presumption that Young Children Are Not Capable of Committing Crime The Presumption that People Intend the Consequences of Their Voluntary Actions The Presumption of Death Following a Lengthy Unexplained Absence A Quick Summary Constitutional Requirements for Presumptions Stipulations SECTION TWO: OBTAINING EVIDENCE: ARREST AND SEARCH PROCEDURES CHAPTER 5: OBTAINING EVIDENCE AND THE FOURTH AMENDMENT The Fourth Amendment: An Introduction Important Issues in Fourth Amendment Jurisprudence A Framework for Analyzing the Fourth Amendment Government Action: Searches and Seizures > When a Search Occurs > When a Seizure Occurs When a Search/Seizure is Reasonable: The Doctrine of Justification > Probable Cause > Reasonable Suspicion > Administrative Justification Arrests and Seizures with Warrants Search and Arrest Warrant Components Arrest Warrants When Arrest Warrants Are Required Executing Arrest Warrants Search Warrants Executing Search Warrants Special Considerations Special Circumstances Search Warrants and Bodily Intrusions Administrative Searches Anticipatory Search Warrants CHAPTER 6: PRESERVING EVIDENCE: EXCEPTIONS TO THE WARRANT REQUIREMENT Arrests and Searches without Warrants Warrantless Actions Based on Probable Cause Searches Incident to Arrest Exigent Circumstances > Hot Pursuit > Likelihood of Escape or Danger to Others > "Evanescent" Evidence Automobile Searches Plain View Doctrine > Lawful Access Requirement > Immediately Apparent Requirement Warrantless Actions Based on Reasonable Suspicion Warrantless Actions Based on Administrative Justification Inventories Inspections Checkpoints School Disciplinary Searches Searches of Government Employee Offices Drug and Alcohol Testing > Employee Testing > Hospital Patient Testing > Public School Students Probation Supervisions Searches Warrantless Actions Based on Consent Voluntariness Requirement Scope of Consent Searches Third Party Consent CHAPTER 7: SELF-INCRIMINATION, CONFESSIONS, AND IDENTIFICATION PROCEDURES The Fifth Amendment and Self-Incrimination Compulsion Compulsion during Questioning Compulsion via Written Documents Threats of Sanctions Incrimination The "Testimonial Evidence" Requirement The Meaning of "Self" in Self-Incrimination Confessions The Various Approaches to Confession Law The Due Process "Voluntariness" Approach The Sixth Amendment Approach The Miranda Approach > Custody > Interrogations > Substance and Adequacy of the Warnings > Waiver of Miranda > Other Miranda Topics The Role of the Exclusionary Rule in the Confession Analysis Confessions and Standing Confessions and Impeachment Confessions and Fruit of the Poisonous Tree Identification Procedures Constitutional Restrictions on Identification Procedures Right to Counsel Due Process The Fifth Amendment The Fourth Amendment Summary Identification Procedures Lineups Showups Photographic Identifications SECTION THREE: CRIMINAL EVIDENCE CHAPTER 8: WITNESS COMPETENCY, CREDIBILITY, AND IMPEACHMENT Competency Grounds for Challenging Competency Mental Incapacity Childhood Spousal Relationships Controversial Issues in Spousal Testimony Prior Convictions Religious Beliefs Judges and Jurors as Witnesses Summary The Duty to Tell the Truth The Ability to Observe and Remember Dead Man's Statutes When Corroboration Is Required Witness Credibility Impeachment Bias or Prejudice Prior Convictions Uncharged Crimes and Immoral Acts Contradictions and Prior Inconsistent Statements Inability to Observe Reputation Rehabilitation CHAPTER 9: EXAMINING WITNESSES Securing the Attendance of Witnesses Types of Witnesses Expert Witnesses Types of Experts The Prerequisites for Expert Testimony The Third Prerequisite in Depth: Deciding Who Is an Expert Court-Appointed Experts Subjects of Expert Witness Testimony Lay Witnesses Lay and Expert Witness Protection under the Fifth Amendment The Accused as a Witness How Witnesses Are Examined Order and Scope of Questions Direct Examination Cross-Examination Redirect Examination Recross-Examination The Form of Questions Identifying a Leading Question Leading Questions during Direct Examination Leading Questions during Cross-Examination Refreshing Witness's Memory Objections to Questions Substantive Objections Other Objections Preventing Abuse of Witnesses during Examination Calling and Questioning by the Court Witness Sequestration and Exclusion Opinion Testimony The Opinion Rule Facts and Opinions Personal Knowledge and Opinions Lay Witness Opinions The Collective Facts Doctrine The Basis for Lay Opinions Subjects of Lay Opinion The Ultimate Issue Rule Expert Witness Opinions Bases for Expert Opinions Disclosing Facts and Data CHAPTER 10: TESTIMONIAL PRIVILEGES Introduction Privileges and Witness Competency Waiver History of Testimonial Privileges Purpose of Testimonial Privileges The Privilege against Self-Incrimination Immunity Privileged Communications Major Forms of Testimonial Privileges Husband and Wife Privilege Marital Testimony Privilege Marital Communications Privilege Attorney and Client Privilege Crime Fraud Exception Client Perjury Limitations on the Privilege Doctor and Patient Privilege Limitations on the Privilege Psychotherapist-Patient Privilege Clergy and Penitent Privilege State Secrets Privilege Limitations on the Privilege Confidential Informant Privilege News Reporter and Source Privilege Privileges in Civil Cases CHAPTER 11: THE HEARSAY RULE Origins of the Hearsay Rule Hearsay and the Sixth Amendment Problems with Hearsay Misperception and Misunderstanding Faulty Memory The Risk of Uncertainty Narrative Ambiguity For the Truth of the Matter Asserted Legally Operative Conduct Effect on Hearer Circumstantial Evidence of a Declarant's State of Mind Prior Statements Determining the Matter Asserted Multiple Hearsay and Nonverbal Statements Exemptions and Exceptions Distinguished Statements Not Considered Hearsay: Hearsay Exemptions Prior Statements Admissions by Party Opponents CHAPTER 12: HEARSAY EXCEPTIONS Hearsay Exceptions Unrestricted Hearsay Exceptions Present Sense Impressions Excited Utterances Then Existing Mental, Emotional, or Physical Condition Statements for Medical Diagnosis/Treatment Past Recollection Recorded The Business Records Exception The Official (Public) Records Exception The Vital Statistics Exception The "Silent Hound" Exceptions Miscellaneous Hearsay Exceptions Hearsay Exceptions Requiring "Unavailability" of the Declarant The Former Testimony Exception Dying Declarations Declarations against Interest Statements of Family History Forfeiture by Wrongdoing The Residual (Catchall) Hearsay Exception Hearsay Procedure CHAPTER 13: HOW DIFFERENT TYPES OF EVIDENCE ARE INTRODUCED Authentication Authentication of Documents Authentication of Objects Authentication of Voices Self-Authentication Best Evidence Rule The Best Evidence Rule Is Not Authentication Definitions The Rule in Operation Proving Content Legally Operative Conduct Matters Incidentally Recorded Memorialized and Recorded Transactions Testimony about Rules Admissibility of Duplicates Special Problems When the Original Cannot Be Obtained Lost Original Unavailable Original or Beyond Reach of Judicial Process Original in Possession of Opponent Collateral, Official, and Voluminous Writings The Admissions Doctrine Best Evidence Rule Procedure Real/Physical Evidence Real Evidence and the Fifth Amendment Admissibility Requirements Chain of Custody Types of Real Evidence Exhibition of a Person Items Connected to the Crime Photographs Sound Recordings Videotapes/Motion Pictures X-rays Viewing the Crime Scene What about Scientific Evidence? Demonstrative Evidence Drawings and Diagrams Displays and Demonstrations Computer Animations Experiments Scientific Evidence Statistics DNA Evidence Polygraph Evidence The Reliability of Eyewitness Identification Syndromes and Profiles Battered Woman Syndrome Rape Trauma Syndrome Abused Child Syndrome Criminal Profiles SECTION FOUR: ISSUES IN EVIDENCE CHAPTER 14: WRONGFUL CONVICTIONS The Magnitude of the Problem Advocacy Organizations Selected Cases Remedies for the Wrongfully Convicted Section 1983 Claims Federal and State Tort Claims Ineffective Assistance of Counsel Moral Obligation Bills Current Federal and State Compensation Statutes Successful Recovery for the Wrongfully Convicted