Criminal Evidence An Introduction

by Worrall, John L.; Hemmens, Craig; Nored, Lisa S.

• ISBN13: 9780190639280
• ISBN10: 0190639288
• Edition: 3rd
• Format: Paperback
• Copyright: 2017-01-11
• Publisher: Oxford University Press

Summary

Criminal Evidence: An Introduction, Third Edition, provides 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 S. 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 accessible coverage of evidentiary law in fourteen 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.

Author Biography

John L. Worrall is Professor of Criminology and Director of Justice Administration and Leadership at the University of Texas at Dallas. He has published articles and book chapters on a variety of topics ranging from legal issues in policing to crime measurement. He currently serves as editor of the journal Police Quarterly.

Craig Hemmens is Chair and Professor in the Department of Criminal Justice and Criminology at Washington State University. He has published more than twenty books and 200 articles and other writings on legal issues in criminal justice. He currently serves as editor of the journal Criminal Law Bulletin.

Lisa S. Nored is Professor and Director in The School of Criminal Justice at The University of Southern Mississippi. A former practicing attorney, her research areas include criminal law, public policy, and juvenile justice.

Table of Contents

Preface
Acknowledgments
About the Authors
SECTION I. PRELIMINARY MATTERS/SETTING THE STAGE
Chapter 1. The American Criminal Court System
Introduction
Rules of Evidence
The Purpose of Evidence Law
The Development of Evidence Law
Sources of Law
Sources of Individual Rights
The Constitution
The Bill of Rights
Incorporation of the Bill of Rights
Judicial Review
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 2. Some Important Underlying Concepts
Introduction
The Development of Law
Precedent and Stare Decisis
Burdens of Production and Proof
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
The "Christian Burial" Speech
Affirmative Defenses
Justification Defenses
Excuse Defenses
Chapter 3. Forms of Evidence
Introduction
Types of Evidence
Direct and Circumstantial Evidence
Circumstantial Evidence
Judicial Notice
Who Is Responsible for Judicial Notice?
Varieties of Judicial Notice
Judicial Notice of Adjudicative Facts
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
A Quick Summary
Constitutional Requirements for Presumptions
Stipulations
SECTION II. OBTAINING EVIDENCE: ARREST AND SEARCH PROCEDURES
Chapter 4. Obtaining Evidence and the Fourth Amendment
The Fourth Amendment: An Introduction
Two Clauses
Four Important Issues in Fourth Amendment Jurisprudence
Basic Terminology
Framework for Analyzing the Fourth Amendment
When a Search Occurs
When a Seizure Occurs
The Doctrine of Justification
Chapter 5. Searches and Arrests with Warrants
The Warrant Requirement
Search and Arrest Warrant Components
Arrest Warrants
Search Warrants
Special Circumstances
Fourth Amendment
Chapter 6. Exceptions to the Warrant Requirement
Warrantless Actions Based on Probable Cause
Warrantless Actions Based on Reasonable Suspicion
Stop and Frisk
Warrantless Actions Based on Administrative Justification
Warrantless Actions Based on Consent
Chapter 7. Self-Incrimination, Confessions, and Identification Procedures
The Fifth Amendment and Self-Incrimination
Compulsion
Incrimination
The "Testimonial Evidence" Requirement
The Meaning of "Self" in Self-Incrimination Confessions
The Various Approaches to Confession Law
The Role of the Exclusionary Rule in the Confession Analysis
Identification Procedures
Constitutional Restrictions on Identification Procedures
Three Types of Identification Procedures
Section III. CRIMINAL EVIDENCE
Chapter 8. Witness Competency, Credibility, and Impeachment
Introduction
Competency
Grounds for Challenging Witness Competency
The Duty to Tell the Truth
The Ability to Observe and Remember
Dead Man's Statutes
When Corroboration Is Required
Witness Credibility
Impeachment
Rehabilitation
Chapter 9. Examining Witnesses
Introduction
Securing the Attendance of Witnesses
Types of Witnesses
Expert Witnesses
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
The Form of Questions
Objections to Questions
Preventing Abuse of Witnesses during Examination
Calling and Questioning by the Court
Witness Sequestration and Exclusion
Opinion Testimony
The Opinion Rule
Lay Witness Opinions
The Ultimate Issue Rule
Expert Witness Opinions
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
Marital Privilege
Attorney-Client Privilege
Doctor-Patient Privilege
Psychotherapist-Patient Privilege
Priest-Penitent Privilege
State Secrets Privilege
Confidential Informant Privilege
News Reporter-Source Privilege
Privileges in Civil Cases
Chapter 11. The Hearsay Rule
Introduction
Origins of the Hearsay Rule
Hearsay and the Sixth Amendment
Problems with Hearsay
For the Truth of the Matter Asserted
Determining the Matter Asserted
Exemptions and Exceptions Distinguished
Statements Not Considered Hearsay: Hearsay Exemptions
Chapter 12. Exceptions to the Hearsay Rule
Introduction
Unrestricted Hearsay Exceptions
Hearsay Exceptions Requiring "Unavailability" of the Declarant
The Residual (Catchall) Hearsay Exception
Hearsay Procedure
Chapter 13. How Different Types of Evidence Are Introduced
Introduction
Authentication
Authentication of Documents
Authentication of Objects
Authentication of Voices
Self-Authentication
Best Evidence Rule
The Best Evidence Rule Is Not Authentication
Best Evidence and Hearsay Distinguished
Definitions
The Rule in Operation
When the Original Cannot Be Obtained
The Admissions Doctrine
Best Evidence Rule Procedure
Real Evidence
Real Evidence and the Fifth Amendment
Admissibility Requirements
Types of Real Evidence
Demonstrative Evidence
Drawings and Diagrams
Displays and Demonstrations
Computer Animations
Experiments
Scientific Evidence
Statistics
DNA Evidence
Polygraph Evidence
The Reliability of Eyewitness Testimony
Syndromes and Profiles
SECTION IV. ISSUES IN EVIDENCE
Chapter 14. Wrongful Convictions
The Problem of Wrongful Convictions
The Magnitude of the Problem
DNA Testing
Case Details
Advocacy Organizations
Center on Wrongful Convictions
The Innocence Project
Selected Cases
Remedies for the Wrongfully Convicted
Section 1983 Claims
Compensation Statutes
Examples of Successful Recoveries
Glossary
Index