Introduction | p. xix |
Introduction to Criminal Evidence | |
History and Development of the Law of Criminal Evidence | p. 1 |
History of the Rules of Evidence | p. 2 |
Early Methods of Determining Guilt or Innocence | p. 2 |
Magna Carta and Habeas Corpus | p. 4 |
The American Declaration of Independence | p. 5 |
The U.S. Constitution and the American Bill of Rights | p. 6 |
Basic Rights Under the U.S. Constitution Today | p. 7 |
The Presumption of Innocence Until Proven Guilty | p. 9 |
The Right to a Speedy and Public Trial | p. 9 |
The Right to an Indictment | p. 9 |
The Right to a Fair (Not Perfect) Trial | p. 9 |
The Right to Assistance of Counsel | p. 10 |
The Right to Be Informed of Charges | p. 10 |
The Right of the Defendant to Compel Witnesses | p. 10 |
The Defendant's Right to Testify | p. 10 |
The Right of the Defendant to Confront and Cross-Examine Witnesses | p. 10 |
The Right of Privacy | p. 11 |
The Right to an Impartial Jury | p. 11 |
Problems | p. 11 |
Notes | p. 12 |
Important Aspects of the American Criminal Justice System | p. 14 |
Federalism in the United States | p. 15 |
Federalism and the Law of Evidence | p. 15 |
State and Federal Jurisdiction over Crimes in the United States | p. 15 |
Law Enforcement in the American Federal System | p. 16 |
The American Adversary System | p. 17 |
The American Accusatorial System | p. 20 |
Disclosing Information in the Adversary System | p. 20 |
The Duty to Disclose Evidence Tending to Show the Innocence of an Accused (the Brady Standard) | p. 21 |
Lost, Misplaced, and Destroyed Evidence | p. 22 |
Use of False or Perjured Evidence | p. 23 |
Notes | p. 24 |
Using Evidence to Determine Guilt or Innocence | p. 26 |
Evaluation and Review of Evidence | p. 27 |
The Criminal Court Process | p. 28 |
Pleas a Defendant May Enter to a Criminal Charge | p. 29 |
The Not-Guilty Plea | p. 30 |
The Guilty Plea | p. 31 |
The Alford Guilty Plea | p. 31 |
The No Contest, or Nolo Contendere, Plea | p. 32 |
Conditional Guilty Pleas | p. 32 |
The Insanity Plea | p. 33 |
Plea Bargaining or Sentence Bargaining | p. 34 |
An Offer to Plead Guilty Cannot Be Used as Evidence if the Offer Is Later Withdrawn | p. 35 |
The Trial | p. 36 |
Notes | p. 39 |
Direct and Circumstantial Evidence and the Use of Inferences | p. 41 |
Evidence and Proof | p. 42 |
What Is Evidence? | p. 42 |
Direct Evidence and Circumstantial Evidence | p. 42 |
The Inference That People Intend the Natural and Probable Consequences of Their Deliberate Acts | p. 44 |
When Circumstantial Evidence Alone Is Used to Obtain a Criminal Conviction | p. 45 |
Means-Opportunity-Motive as Circumstantial Evidence | p. 45 |
Fingerprints and Shoeprints as Circumstantial Evidence | p. 46 |
Inferences Drawn from Other Bad Acts or Other Convictions of Defendants | p. 48 |
Where No Inferences Should Be Drawn | p. 49 |
Using Direct and Circumstantial Evidence | p. 50 |
Finding Illegal Drugs in a Motor Vehicle | p. 51 |
Proving the Crime of Possession of Illegal Drugs with Intent to Deliver | p. 51 |
Proving Physical and Sexual Abuse of Children | p. 52 |
Proving That the Defendant Was the Driver of a Motor Vehicle | p. 54 |
Proving Corpus Delicti by Direct or Circumstantial Evidence | p. 54 |
The Sufficiency-of-Evidence Requirement to Justify a Verdict or Finding of Guilt | p. 56 |
The Use of Presumptions and Inferences | p. 59 |
The Inference That People Are Sane and Normal | p. 60 |
Problems | p. 61 |
Notes | p. 62 |
Witnesses and Their Testimony | |
Witnesses and the Testimony of Witnesses | p. 64 |
Qualifications Necessary to Be a Witness | p. 65 |
The General Presumption That Adults Are Competent to Be Witnesses | p. 65 |
Children as Witnesses | p. 65 |
Voir Dire | p. 66 |
Credibility of Witnesses | p. 68 |
Methods Used to Keep Witnesses Honest | p. 68 |
Credibility and the Weight of Evidence | p. 68 |
Constitutional Rights of Defendants Regarding Witnesses | p. 69 |
The Right to Compel Attendance of Witnesses | p. 69 |
The Right to Confront and Cross-Examine Witnesses | p. 70 |
The Right to Testify in Their Own Behalf | p. 70 |
Types of Witnesses and Opinion Evidence | p. 71 |
Ordinary Witnesses and Expert Witnesses | p. 71 |
Opinion Evidence by Ordinary Witnesses | p. 72 |
Direct Examination of Witnesses | p. 73 |
Cross-Examination of Witnesses | p. 74 |
Objections to Questions | p. 75 |
The Requirements of Relevancy, Materiality, and Competency | p. 76 |
Redirect Examination and Recross-Examination | p. 77 |
The Role of the Trial Judge | p. 78 |
Can a Person Who Has Been Hypnotized Testify as a Witness? | p. 79 |
Notes | p. 81 |
Judicial Notice and Privileges of Witnesses | p. 83 |
Judicial Notice in General | p. 84 |
Judicial Notice of Matters of General Knowledge | p. 84 |
Judicial Notice of Facts Obtained from Sources Such as Records, Books, and Newspapers | p. 85 |
Scientific and Technological Facts Recognized by Judicial Notice | p. 85 |
The Privilege Against Self-Incrimination | p. 86 |
Areas Where the Fifth Amendment Privilege Against Self-Incrimination Does Not Apply | p. 86 |
The Attorney--Client Privilege | p. 87 |
The Requirements of the Attorney--Client Privilege | p. 88 |
Limits of the Attorney--Client Privilege | p. 88 |
The Husband--Wife Privilege | p. 89 |
Partnership-in-Crime Exception to the Husband--Wife Privilege | p. 90 |
When One Spouse Commits Crimes Against the Other Spouse or Children | p. 90 |
The Physician--Patient Privilege | p. 91 |
The Requirement of the Physician--Patient Relationship | p. 92 |
The Psychotherapist--Patient Privilege | p. 92 |
The Sexual Assault Counselors' Privilege and Privileges Covering Other Counselors | p. 92 |
The Clergy--Penitent Privilege | p. 93 |
Do News Reporters Have a Privilege in Your State? | p. 93 |
The Privilege Not to Reveal the Source of Information | p. 93 |
Is There a Parent--Child Privilege? | p. 93 |
The Government's Privilege Not to Reveal Government Secrets | p. 94 |
The Privilege Concerning the Identity of Informants | p. 94 |
The Privilege Not to Disclose Military or Diplomatic Secrets Vital to National Security | p. 96 |
The President's Privilege of Confidentiality | p. 96 |
The Secrecy of Grand Jury Proceedings as a Privilege | p. 97 |
Notes | p. 97 |
The Use of Hearsay in the Courtroom | p. 101 |
Witnesses and the Hearsay Rule | p. 102 |
The History of the Hearsay Rule | p. 102 |
The 1603 Trial of Sir Walter Raleigh | p. 103 |
The Hearsay Rules and the Use of Independent Juries in the American Colonies/States | p. 103 |
What Is Hearsay? | p. 104 |
What Is Not Hearsay? | p. 105 |
Summary | p. 106 |
Notes | p. 107 |
Exceptions to the Hearsay Rule | p. 108 |
Hearsay and the Confrontation Clause | p. 109 |
Firmly Rooted Exceptions to the Hearsay Rule | p. 113 |
Excited Utterance Exception, FRE 803(2) | p. 113 |
Then Existing Mental, Emotional, or Physical Condition Exception, FRE 803(3) | p. 114 |
Statements for the Purposes of Medical Diagnosis or Treatment Exception, FRE 803(4) | p. 115 |
Regularly Kept Records Exception, FRE 803 | p. 115 |
Dying Declaration Exception, FRE 804(2) | p. 116 |
Statements Against-Penal-Interest Exception, FRE 804(3) | p. 117 |
The Fresh Complaint and the Outcry Rule | p. 118 |
Modern Hearsay Exceptions in Child Sexual Abuse Cases | p. 118 |
Have Innocent People Been Charged or Convicted in Child Sexual Abuse Cases? | p. 119 |
Notes | p. 120 |
When Evidence Cannot Be Used Because of Police Mistakes or Misconduct | |
The Exclusionary Rule | p. 122 |
The Need for the Exclusionary Rule: Policing the Police | p. 123 |
The "Fruit of the Poisonous Tree" Doctrine, or the Derivative Evidence Rule | p. 123 |
Exceptions to the "Fruit of the Poisonous Tree" Rule | p. 124 |
The Independent Source Doctrine | p. 124 |
The Inevitable Discovery Rule | p. 124 |
The Attenuation, or Passage of Time, Rule | p. 126 |
Problems | p. 127 |
Notes | p. 128 |
When Improperly Obtained Evidence Can Be Used | p. 129 |
The Exclusionary Rule Does Not Apply to Evidence Obtained in a Private Search | p. 130 |
The Exclusionary Rule Applies Only in Criminal Cases | p. 131 |
Evidence Will Not Be Suppressed Where Only the Rights of One Other Than the Defendant Have Been Violated | p. 132 |
Abandoned Property Will Not Be Suppressed | p. 134 |
Throwaway as a Type of Abandonment | p. 135 |
Denial of Ownership as a Form of Abandonment | p. 135 |
Evidence Obtained from Garbage or Trash | p. 135 |
Abandoned Motor Vehicles | p. 135 |
Expiration of Rental Agreements for Motels and Lockers as a Form of Abandonment | p. 136 |
Evidence Discovered in Open Fields Will Not Be Suppressed | p. 136 |
Evidence Discovered in Good Faith or Honest Mistake Will Not Be Suppressed | p. 137 |
The Good Faith Exception | p. 137 |
The Honest Mistake Rule | p. 137 |
Other Areas Where the Exclusionary Rule Does Not Apply | p. 138 |
Notes | p. 140 |
Obtaining Statements and Confessions for Use as Evidence | p. 142 |
Can a Confession Alone Sustain a Criminal Conviction? | p. 143 |
The Corpus Delicti Rule | p. 143 |
The Requirement That Confessions and Incriminating Statements Be Voluntary | p. 144 |
Using Violence to Obtain Confessions | p. 146 |
The Miranda Requirements | p. 147 |
When Miranda Warnings Are Not Required | p. 147 |
The Public Safety Exception and the Rescue Doctrine as Exceptions to Miranda Requirements | p. 151 |
The Massiah Limitation | p. 153 |
The Bruton Rule | p. 154 |
Questioning People in Jail or Prison | p. 157 |
Polygraph Test Results as Evidence | p. 158 |
The Controversy over Polygraph Testing | p. 159 |
Polygraph Testing in the American Criminal Justice System | p. 160 |
Problems | p. 161 |
Notes | p. 164 |
The Law Governing Identification Evidence | p. 166 |
Evidence Needed to Convict | p. 167 |
The Problem of Mistaken Eyewitness Identification | p. 168 |
Using Showups to Obtain Identification Evidence | p. 168 |
The Importance of Obtaining Prior Descriptions of Offenders | p. 170 |
Determining the Reliability of Identification Evidence | p. 171 |
Guidelines Used to Determine the Reliability and Accuracy of Eyewitness Identification | p. 171 |
Using Lineups to Obtain Identification Evidence | p. 172 |
Judges' Rules for Lineups | p. 172 |
Using Photographs to Obtain Identification Evidence | p. 173 |
Using a Single Photograph for Identification | p. 174 |
Obtaining Identification Evidence by Other Means | p. 175 |
Courtroom Identification of a Defendant | p. 177 |
Problems | p. 179 |
Notes | p. 180 |
Obtaining Physical and Other Evidence | p. 182 |
Obtaining Physical Evidence from the Person of a Suspect | p. 183 |
Obtaining Evidence and Information by means of Voluntary Conversations | p. 183 |
Authority Needed to Make an Investigative Detention (Terry Stop) | p. 184 |
Searches That Can Be Justified During an Investigative Detention | p. 184 |
Obtaining Physical Evidence During and After an Arrest | p. 185 |
Evidence Obtained in Searches Following an Arrest | p. 185 |
Evidence Obtained During Inventory Searches | p. 188 |
Obtaining Evidence by Police Entry into Private Premises | p. 189 |
Authority Needed by Police Officers to Enter Private Premises | p. 189 |
Exceptions to the Warrant Requirement to Enter Private Premises | p. 191 |
Obtaining Evidence in Traffic Stops and Vehicle Searches | p. 192 |
May a Police Officer Stop a Motor Vehicle for No Reason? | p. 192 |
Obtaining Evidence During Routine Traffic Stops | p. 193 |
Searches That May Be Made of Vehicles, Drivers, and Passengers | p. 194 |
Permissible Searches Under the Automobile Exception | p. 195 |
Problems | p. 197 |
Notes | p. 199 |
Obtaining Evidence by Use of Search Warrants, Wiretapping, or Drug-Detection Dogs | p. 203 |
Search Warrants | p. 204 |
Types of Search Warrants | p. 204 |
Wiretapping and Electronic Surveillance | p. 206 |
Situations Where Court Orders Are Not Required | p. 206 |
Obtaining Evidence by Use of Drug-Detection Dogs | p. 213 |
Problems | p. 214 |
Notes | p. 214 |
Crime-Scene, Documentary, and Scientific Evidence | |
The Crime Scene, the Chain of Custody Requirement, and Fingerprints as Evidence | p. 217 |
Obtaining Evidence from a Crime Scene | p. 218 |
What Can Police Search For in Premises Where a Serious Crime Has Recently Occurred? | p. 218 |
Obtaining Evidence After a "Hot-Pursuit" Entry into Private Premises | p. 219 |
Obtaining Evidence in Now-or-Never Exigency Situations | p. 220 |
Obtaining Evidence in Emergency Aid Situations | p. 221 |
Defendants Must Have Standing to Challenge the Use of Evidence Obtained from Crime Scenes | p. 222 |
Protecting and Searching a Crime Scene | p. 222 |
The Chain of Custody Requirement | p. 223 |
Failing to Show a Sufficient Chain of Custody | p. 223 |
Situations Not Requiring a Chain of Custody | p. 224 |
Fingerprints as Evidence | p. 224 |
Obtaining Fingerprints | p. 225 |
Proving That Fingerprints Were Impressed at the Time of the Crime | p. 226 |
Automated Fingerprint Identification Systems | p. 226 |
Other Types of Evidence | p. 227 |
Problems | p. 229 |
Notes | p. 230 |
Videotapes, Photographs, Documents, and Writings as Evidence | p. 234 |
Filming from Videotapes as Evidence | p. 235 |
When Is a Warrant Needed to Install and Conduct Videotape Surveillance? | p. 236 |
Where Videotaping Can Be Done Without a Search Warrant | p. 237 |
Using Photographs as Evidence | p. 238 |
Introducing Photographs and Videotapes into Evidence | p. 239 |
Gruesome Photographs and Videotapes | p. 239 |
X-Ray Films as Evidence | p. 240 |
Using Documents and Writings as Evidence | p. 241 |
Using Direct Evidence to Prove That Documents Are Authentic and Genuine | p. 241 |
Using Circumstantial Evidence to Prove That Documents Are Authentic and Genuine | p. 242 |
Regularly Kept Records | p. 243 |
The Best Evidence, or Original Document, Rule | p. 243 |
The Fourth Amendment Protection of Writings, Records, and Documents | p. 245 |
The Fifth Amendment Protection of Writings, Records, and Documents | p. 246 |
Problems | p. 247 |
Notes | p. 248 |
Scientific Evidence | p. 250 |
The Importance of Scientific Evidence | p. 251 |
The Use of Scientific Evidence | p. 251 |
The Admissibility of Scientific Evidence | p. 252 |
What Is Scientific Evidence? | p. 252 |
The Use of Judicial Notice for Accepted Scientific Techniques | p. 254 |
Generally Accepted Scientific Theories and Techniques | p. 255 |
DNA Genetic Profiling | p. 255 |
Horizontal Gaze Nystagmus | p. 260 |
The National Crime Information Center | p. 261 |
Problems | p. 261 |
Notes | p. 262 |
Sections of the U.S. Constitution | p. 263 |
Federal Rules of Evidence | p. 265 |
Glossary | p. 282 |
Table of Cases | p. 285 |
Index | p. 291 |
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