Introduction to Criminal Evidence

by Waltz, Jon

• ISBN13: 9780830414796
• ISBN10: 0830414797
• Edition: 4th
• Format: Paperback
• Copyright: 1997-01-01
• Publisher: Cengage Learning

Summary

The updated edition of this introductory text thoroughly explores all of the important rules dealing with the use of evidence in criminal proceeding. The author uses extensive case analyses and samples of testimony from actual cross-examinations to simplify even the most technical and arcane evidence rules. Difficult topics such as the use of hearsay evidence are covered, along with the latest Supreme Court decisions on evidence admissibility and the protection of civil rights. The book is written in jargon-free language, avoiding "legalese" as it is intended for the general reader. New material includes an appendix of the complete text of the Federal Rules of Evidence, now adopted in most states.

Table of Contents

Preface	xiii
1. Published Sources of Law	1	(6)
A. The Sources of Law in General
B. Methods of Publishing Court Opinions
C. Methods of Citing Published Court Opinions
D. The Sources of the Law of Evidence
2. The Trial Process and Classifications of Evidence	7	(22)
A. Adversary Trial System
B. The Role of the Trial Judge
C. The Role of Legal Counsel
D. Questions of Law and Questions of Fact
E. Two Crucial Questions about Evidence
F. The Problem of Admissibility
G. The Basic Types of Evidence
H. The Three Basic Forms of Evidence
I. Admissibility Again
J. The Weight of Evidence
K. The Structure of a Criminal Trial
3. The Trial Record	29	(28)
A. The Function of the Trial Record
B. The Contents of a Trial Record
C. How the Trial Record Is Made
D. Examination of Witnesses
E. Cross-Examination of Witnesses
F. Introducing Tangible Evidence
G. Demonstrative Evidence
H. Writings
I. Objections to Evidence
J. Offers of Proof
4. A Return to Relevance	57	(16)
A. Definitions and Tests of Relevance
B. Recurring Relevance Problems
5. The Rule Against Hearsay	73	(12)
A. Definitions of Hearsay
B. Out-of-Court Declarations That Are Not Subject to the Rule Against Hearsay
C. The State of Mind Issue
D. Nonhuman Evidence
E. "Straight from the Horse's Mouth"
6. Exceptions to the Rule Against Hearsay	85	(30)
A. Previously Recorded Testimony
B. Dying Declarations
C. Admissions
D. Declarations Against Interest
E. State of Mind (Mental or Emotional State)
F. State of Mind (Intent)
G. Excited Utterances
H. Declarations of Present Sense Impression
I. Physical Condition
J. Prior Identification
K. Past Recollection Recorded
L. Business Records
M. Public Records
N. Judgment of Previous Conviction
O. Miscellaneous Exceptions to the Hearsay Rule
7. Impeachment of Witnesses' Credibility	115	(24)
A. Levels of Impeachment; Methods
B. Impeachment During Cross-Examination
A. Impeachment by Means of Extrinsic Evidence
D. Proof of the Making of a Prior Consistent Statement
8. The Constitutional Privilege against Compulsory Self-Incrimination	139	(18)
A. The Fifth Amendment
B. The Privilege against Compulsory Self-Incrimination under the Decided Cases and the Codes
9. Exclusion of Identification Evidence Resulting from Improper Identification Confrontations	157	(16)
A. Factual Background of the Exclusionary Rules
B. The Emergence of Exclusionary Rules
C. The Dual Approach of Wade and Gilbert
D. Wade and Gilbert Undercut
E. Stovall's Due Process Approach
F. The Admissibility of In-Court Identification Following an Improper Pretrial Identification Confrontation
G. Efforts to Draft Standards Regulating Pretrial Identification Practices
10. Unreasonable Searches and Seizures of Evidence; Evidentiary Protection of the Right to Privacy	173	(54)
A. The Constitutional Background
B. Proceedings in Which the Exclusionary Rule Can Be Invoked
C. Applicability of the Exclusionary Rule to Evidence Improperly Obtained by State Agents and Used in a Federal Criminal Proceeding
D. Applicability of the Exclusionary Rule to Evidence Improperly Obtained by Private Persons and Used in a Criminal Proceeding
E. The Meaning of "Searches and Seizures"
F. The Reasonableness Requirement; the General Requirement of a Search Warrant
G. Exceptions to the General Requirement of a Search Warrant
H. Searches and Seizures Incident to the Seizure (Arrest) of Persons
I. Stop and Frisk
J. Detention for Field Interrogation, Fingerprinting, and the Like
K. Searches Pursuant to Consent
L. Statutory Provisions for Warrantless Searches
M. Electronic Surveillance
N. The "Fruit of the Poisonous Tree" Doctrine
O. Erosion of the Exclusionary Rule
P. Standing to Object to Unlawfully Obtained Evidence
11. Confessions	227	(20)
A. Definitions
B. The Common Law and Constitutional Background
C. The Emergence of the Voluntariness Requirement
D. Inherently Coercive Circumstances
E. Indirect Coercive Influences
F. Adoptive or Implied Confessions
G. Statements Obtained by Private Persons
H. Procedural Safeguards
12. Common Law and Statutory Testimonial Privileges	247	(26)
A. Reasons for the Testimonial Privileges
B. The Attorney-Client Privilege
C. The Physician-Patient Privilege
D. Psychotherapist-Patient Privilege
E. Marital Privileges
F. Clergy-Penitent Privilege
G. Journalist's Source Privilege
H. Political Vote
I. Military and State Secrets
J. Identity of an Informer
K. Waiver of Testimonial Privileges
L. Comment on or Inference from Invocation of a Testimonial Privilege
13. Burden of Proof and Presumptions	273	(8)
A. Burden of Proof
B. Presumptions
14. Judicial Notice	281	(10)
A. Judicial Notice of Adjudicative Facts
B. Judicial Notice of Legislative Facts
C. Judicial Notice of Law
15. Competency of Witnesses	291	(4)
A. The Meaning of Witness Competency
B. General Standards of Competency
C. Effect of Diminution of Capacity
D. Procedural Aspects
16. Writings	295	(6)
A. The Best Evidence Rule
B. Authentication of Writings
17. Opinion, Expertise, and Experts	301	(22)
A. The Opinion Rule
B. Experts and Expertise
18. Scientific Evidence	323	(84)
A. General Considerations
B. Psychiatry and Psychology
C. Toxicology and the Chemical Sciences
D. Forensic Pathology
E. Photographic Evidence, Motion Pictures, and Videotape
F. Fingerprinting
G. DNA Profiling
H. Firearms Evidence
I. Voiceprints
J. Questioned Document Evidence
K. Polygraph Testing
L. Speed Detection
19. Demonstrative Evidence	407	(8)
A. Historical Background
B. Bases for Objection to Demonstrative Evidence
Appendix	415	(32)
Additional Reading	447	(22)
Index	469
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