Criminal Evidence: Principles and Cases

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  • Edition: 4th
  • Format: Hardcover
  • Copyright: 2000-07-01
  • Publisher: Cengage Learning
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This text covers the key rules of evidence and the applicability of these rules in criminal matters. To some degree, it also attempts to provide students with an understanding of the rationale behind these rules. It includes many of the features that have popularized Gardner/Anderson's best-selling CRIMINAL LAW text, including high-interest examples, graphics, photos, and case excerpts.

Table of Contents

Introductionp. xix
Introduction to Criminal Evidence
History and Development of the Law of Criminal Evidencep. 1
History of the Rules of Evidencep. 2
Early Methods of Determining Guilt or Innocencep. 2
Magna Carta and Habeas Corpusp. 4
The American Declaration of Independencep. 5
The U.S. Constitution and the American Bill of Rightsp. 6
Basic Rights Under the U.S. Constitution Todayp. 7
The Presumption of Innocence Until Proven Guiltyp. 9
The Right to a Speedy and Public Trialp. 9
The Right to an Indictmentp. 9
The Right to a Fair (Not Perfect) Trialp. 9
The Right to Assistance of Counselp. 10
The Right to Be Informed of Chargesp. 10
The Right of the Defendant to Compel Witnessesp. 10
The Defendant's Right to Testifyp. 10
The Right of the Defendant to Confront and Cross-Examine Witnessesp. 10
The Right of Privacyp. 11
The Right to an Impartial Juryp. 11
Problemsp. 11
Notesp. 12
Important Aspects of the American Criminal Justice Systemp. 14
Federalism in the United Statesp. 15
Federalism and the Law of Evidencep. 15
State and Federal Jurisdiction over Crimes in the United Statesp. 15
Law Enforcement in the American Federal Systemp. 16
The American Adversary Systemp. 17
The American Accusatorial Systemp. 20
Disclosing Information in the Adversary Systemp. 20
The Duty to Disclose Evidence Tending to Show the Innocence of an Accused (the Brady Standard)p. 21
Lost, Misplaced, and Destroyed Evidencep. 22
Use of False or Perjured Evidencep. 23
Notesp. 24
Using Evidence to Determine Guilt or Innocencep. 26
Evaluation and Review of Evidencep. 27
The Criminal Court Processp. 28
Pleas a Defendant May Enter to a Criminal Chargep. 29
The Not-Guilty Pleap. 30
The Guilty Pleap. 31
The Alford Guilty Pleap. 31
The No Contest, or Nolo Contendere, Pleap. 32
Conditional Guilty Pleasp. 32
The Insanity Pleap. 33
Plea Bargaining or Sentence Bargainingp. 34
An Offer to Plead Guilty Cannot Be Used as Evidence if the Offer Is Later Withdrawnp. 35
The Trialp. 36
Notesp. 39
Direct and Circumstantial Evidence and the Use of Inferencesp. 41
Evidence and Proofp. 42
What Is Evidence?p. 42
Direct Evidence and Circumstantial Evidencep. 42
The Inference That People Intend the Natural and Probable Consequences of Their Deliberate Actsp. 44
When Circumstantial Evidence Alone Is Used to Obtain a Criminal Convictionp. 45
Means-Opportunity-Motive as Circumstantial Evidencep. 45
Fingerprints and Shoeprints as Circumstantial Evidencep. 46
Inferences Drawn from Other Bad Acts or Other Convictions of Defendantsp. 48
Where No Inferences Should Be Drawnp. 49
Using Direct and Circumstantial Evidencep. 50
Finding Illegal Drugs in a Motor Vehiclep. 51
Proving the Crime of Possession of Illegal Drugs with Intent to Deliverp. 51
Proving Physical and Sexual Abuse of Childrenp. 52
Proving That the Defendant Was the Driver of a Motor Vehiclep. 54
Proving Corpus Delicti by Direct or Circumstantial Evidencep. 54
The Sufficiency-of-Evidence Requirement to Justify a Verdict or Finding of Guiltp. 56
The Use of Presumptions and Inferencesp. 59
The Inference That People Are Sane and Normalp. 60
Problemsp. 61
Notesp. 62
Witnesses and Their Testimony
Witnesses and the Testimony of Witnessesp. 64
Qualifications Necessary to Be a Witnessp. 65
The General Presumption That Adults Are Competent to Be Witnessesp. 65
Children as Witnessesp. 65
Voir Direp. 66
Credibility of Witnessesp. 68
Methods Used to Keep Witnesses Honestp. 68
Credibility and the Weight of Evidencep. 68
Constitutional Rights of Defendants Regarding Witnessesp. 69
The Right to Compel Attendance of Witnessesp. 69
The Right to Confront and Cross-Examine Witnessesp. 70
The Right to Testify in Their Own Behalfp. 70
Types of Witnesses and Opinion Evidencep. 71
Ordinary Witnesses and Expert Witnessesp. 71
Opinion Evidence by Ordinary Witnessesp. 72
Direct Examination of Witnessesp. 73
Cross-Examination of Witnessesp. 74
Objections to Questionsp. 75
The Requirements of Relevancy, Materiality, and Competencyp. 76
Redirect Examination and Recross-Examinationp. 77
The Role of the Trial Judgep. 78
Can a Person Who Has Been Hypnotized Testify as a Witness?p. 79
Notesp. 81
Judicial Notice and Privileges of Witnessesp. 83
Judicial Notice in Generalp. 84
Judicial Notice of Matters of General Knowledgep. 84
Judicial Notice of Facts Obtained from Sources Such as Records, Books, and Newspapersp. 85
Scientific and Technological Facts Recognized by Judicial Noticep. 85
The Privilege Against Self-Incriminationp. 86
Areas Where the Fifth Amendment Privilege Against Self-Incrimination Does Not Applyp. 86
The Attorney--Client Privilegep. 87
The Requirements of the Attorney--Client Privilegep. 88
Limits of the Attorney--Client Privilegep. 88
The Husband--Wife Privilegep. 89
Partnership-in-Crime Exception to the Husband--Wife Privilegep. 90
When One Spouse Commits Crimes Against the Other Spouse or Childrenp. 90
The Physician--Patient Privilegep. 91
The Requirement of the Physician--Patient Relationshipp. 92
The Psychotherapist--Patient Privilegep. 92
The Sexual Assault Counselors' Privilege and Privileges Covering Other Counselorsp. 92
The Clergy--Penitent Privilegep. 93
Do News Reporters Have a Privilege in Your State?p. 93
The Privilege Not to Reveal the Source of Informationp. 93
Is There a Parent--Child Privilege?p. 93
The Government's Privilege Not to Reveal Government Secretsp. 94
The Privilege Concerning the Identity of Informantsp. 94
The Privilege Not to Disclose Military or Diplomatic Secrets Vital to National Securityp. 96
The President's Privilege of Confidentialityp. 96
The Secrecy of Grand Jury Proceedings as a Privilegep. 97
Notesp. 97
The Use of Hearsay in the Courtroomp. 101
Witnesses and the Hearsay Rulep. 102
The History of the Hearsay Rulep. 102
The 1603 Trial of Sir Walter Raleighp. 103
The Hearsay Rules and the Use of Independent Juries in the American Colonies/Statesp. 103
What Is Hearsay?p. 104
What Is Not Hearsay?p. 105
Summaryp. 106
Notesp. 107
Exceptions to the Hearsay Rulep. 108
Hearsay and the Confrontation Clausep. 109
Firmly Rooted Exceptions to the Hearsay Rulep. 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 803p. 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 Rulep. 118
Modern Hearsay Exceptions in Child Sexual Abuse Casesp. 118
Have Innocent People Been Charged or Convicted in Child Sexual Abuse Cases?p. 119
Notesp. 120
When Evidence Cannot Be Used Because of Police Mistakes or Misconduct
The Exclusionary Rulep. 122
The Need for the Exclusionary Rule: Policing the Policep. 123
The "Fruit of the Poisonous Tree" Doctrine, or the Derivative Evidence Rulep. 123
Exceptions to the "Fruit of the Poisonous Tree" Rulep. 124
The Independent Source Doctrinep. 124
The Inevitable Discovery Rulep. 124
The Attenuation, or Passage of Time, Rulep. 126
Problemsp. 127
Notesp. 128
When Improperly Obtained Evidence Can Be Usedp. 129
The Exclusionary Rule Does Not Apply to Evidence Obtained in a Private Searchp. 130
The Exclusionary Rule Applies Only in Criminal Casesp. 131
Evidence Will Not Be Suppressed Where Only the Rights of One Other Than the Defendant Have Been Violatedp. 132
Abandoned Property Will Not Be Suppressedp. 134
Throwaway as a Type of Abandonmentp. 135
Denial of Ownership as a Form of Abandonmentp. 135
Evidence Obtained from Garbage or Trashp. 135
Abandoned Motor Vehiclesp. 135
Expiration of Rental Agreements for Motels and Lockers as a Form of Abandonmentp. 136
Evidence Discovered in Open Fields Will Not Be Suppressedp. 136
Evidence Discovered in Good Faith or Honest Mistake Will Not Be Suppressedp. 137
The Good Faith Exceptionp. 137
The Honest Mistake Rulep. 137
Other Areas Where the Exclusionary Rule Does Not Applyp. 138
Notesp. 140
Obtaining Statements and Confessions for Use as Evidencep. 142
Can a Confession Alone Sustain a Criminal Conviction?p. 143
The Corpus Delicti Rulep. 143
The Requirement That Confessions and Incriminating Statements Be Voluntaryp. 144
Using Violence to Obtain Confessionsp. 146
The Miranda Requirementsp. 147
When Miranda Warnings Are Not Requiredp. 147
The Public Safety Exception and the Rescue Doctrine as Exceptions to Miranda Requirementsp. 151
The Massiah Limitationp. 153
The Bruton Rulep. 154
Questioning People in Jail or Prisonp. 157
Polygraph Test Results as Evidencep. 158
The Controversy over Polygraph Testingp. 159
Polygraph Testing in the American Criminal Justice Systemp. 160
Problemsp. 161
Notesp. 164
The Law Governing Identification Evidencep. 166
Evidence Needed to Convictp. 167
The Problem of Mistaken Eyewitness Identificationp. 168
Using Showups to Obtain Identification Evidencep. 168
The Importance of Obtaining Prior Descriptions of Offendersp. 170
Determining the Reliability of Identification Evidencep. 171
Guidelines Used to Determine the Reliability and Accuracy of Eyewitness Identificationp. 171
Using Lineups to Obtain Identification Evidencep. 172
Judges' Rules for Lineupsp. 172
Using Photographs to Obtain Identification Evidencep. 173
Using a Single Photograph for Identificationp. 174
Obtaining Identification Evidence by Other Meansp. 175
Courtroom Identification of a Defendantp. 177
Problemsp. 179
Notesp. 180
Obtaining Physical and Other Evidencep. 182
Obtaining Physical Evidence from the Person of a Suspectp. 183
Obtaining Evidence and Information by means of Voluntary Conversationsp. 183
Authority Needed to Make an Investigative Detention (Terry Stop)p. 184
Searches That Can Be Justified During an Investigative Detentionp. 184
Obtaining Physical Evidence During and After an Arrestp. 185
Evidence Obtained in Searches Following an Arrestp. 185
Evidence Obtained During Inventory Searchesp. 188
Obtaining Evidence by Police Entry into Private Premisesp. 189
Authority Needed by Police Officers to Enter Private Premisesp. 189
Exceptions to the Warrant Requirement to Enter Private Premisesp. 191
Obtaining Evidence in Traffic Stops and Vehicle Searchesp. 192
May a Police Officer Stop a Motor Vehicle for No Reason?p. 192
Obtaining Evidence During Routine Traffic Stopsp. 193
Searches That May Be Made of Vehicles, Drivers, and Passengersp. 194
Permissible Searches Under the Automobile Exceptionp. 195
Problemsp. 197
Notesp. 199
Obtaining Evidence by Use of Search Warrants, Wiretapping, or Drug-Detection Dogsp. 203
Search Warrantsp. 204
Types of Search Warrantsp. 204
Wiretapping and Electronic Surveillancep. 206
Situations Where Court Orders Are Not Requiredp. 206
Obtaining Evidence by Use of Drug-Detection Dogsp. 213
Problemsp. 214
Notesp. 214
Crime-Scene, Documentary, and Scientific Evidence
The Crime Scene, the Chain of Custody Requirement, and Fingerprints as Evidencep. 217
Obtaining Evidence from a Crime Scenep. 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 Premisesp. 219
Obtaining Evidence in Now-or-Never Exigency Situationsp. 220
Obtaining Evidence in Emergency Aid Situationsp. 221
Defendants Must Have Standing to Challenge the Use of Evidence Obtained from Crime Scenesp. 222
Protecting and Searching a Crime Scenep. 222
The Chain of Custody Requirementp. 223
Failing to Show a Sufficient Chain of Custodyp. 223
Situations Not Requiring a Chain of Custodyp. 224
Fingerprints as Evidencep. 224
Obtaining Fingerprintsp. 225
Proving That Fingerprints Were Impressed at the Time of the Crimep. 226
Automated Fingerprint Identification Systemsp. 226
Other Types of Evidencep. 227
Problemsp. 229
Notesp. 230
Videotapes, Photographs, Documents, and Writings as Evidencep. 234
Filming from Videotapes as Evidencep. 235
When Is a Warrant Needed to Install and Conduct Videotape Surveillance?p. 236
Where Videotaping Can Be Done Without a Search Warrantp. 237
Using Photographs as Evidencep. 238
Introducing Photographs and Videotapes into Evidencep. 239
Gruesome Photographs and Videotapesp. 239
X-Ray Films as Evidencep. 240
Using Documents and Writings as Evidencep. 241
Using Direct Evidence to Prove That Documents Are Authentic and Genuinep. 241
Using Circumstantial Evidence to Prove That Documents Are Authentic and Genuinep. 242
Regularly Kept Recordsp. 243
The Best Evidence, or Original Document, Rulep. 243
The Fourth Amendment Protection of Writings, Records, and Documentsp. 245
The Fifth Amendment Protection of Writings, Records, and Documentsp. 246
Problemsp. 247
Notesp. 248
Scientific Evidencep. 250
The Importance of Scientific Evidencep. 251
The Use of Scientific Evidencep. 251
The Admissibility of Scientific Evidencep. 252
What Is Scientific Evidence?p. 252
The Use of Judicial Notice for Accepted Scientific Techniquesp. 254
Generally Accepted Scientific Theories and Techniquesp. 255
DNA Genetic Profilingp. 255
Horizontal Gaze Nystagmusp. 260
The National Crime Information Centerp. 261
Problemsp. 261
Notesp. 262
Sections of the U.S. Constitutionp. 263
Federal Rules of Evidencep. 265
Glossaryp. 282
Table of Casesp. 285
Indexp. 291
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