Criminal Evidence

ISBN-13: 9781138289048 / Angielski / Twarda / 2017 / 1072 str.

Jefferson L. Ingram

Opis

Criminal Evidence is a well-respected and trusted introduction to the rules of criminal evidence for criminal justice students and professionals. The first half of this book follows the Federal Rules of Evidence in its explanation of how evidence is collected, preserved and presented in criminal court. The second half provides a selection of relevant criminal court cases that reinforce these basics and provide the context of how these rules are currently practiced. Readers will have an understanding of how concepts of evidence operate to convict the guilty and acquit the innocent. Part of the John C. Klotter Justice Administration Legal Series, this thirteenth edition provides many updates, including new references to recent Supreme Court cases, such as the decision on same-sex marriage, and a current version of the Federal Rules of Evidence. Student aids include chapter outlines, key terms and concepts lists, a glossary, a table of cases cited, and online case study questions. Teacher resources include Instructor's Guide, test bank, and PowerPoint slides.

Recenzje

'This book is comprehensive, with excellent case examples, practical content, and relevant material to those who aspire to work in the field. All of the information is extremely applicable and necessary for future practitioners—this is the foundation for due process.' – Paul Klenowski, Clarion University of Pennsylvania 'The textbook does a great job of giving examples with the history of criminal evidence and current developments with technology crimes. It’s great for beginner students looking to move from general knowledge of criminal law to the actual practice of evidence standards.' – Paul Rosson, University of North Alabama

Spis treści

Preface x Acknowledgments x PART I History and Approach to Study Chapter 1 History and Development of Rules of Evidence 1.1 Introduction 1.2 Early Attempts to Determine Guilt or Innocence 1.3 Modern Legal Systems—Romanesque System 1.4 —Anglican System 1.5 Development of the Rules of Evidence in the United States 1.6 Application of the Rules of Evidence in State and Federal Courts 1.7 Future Development of the Rules of Evidence 1.8 Summary Chapter 2 Approach to the Study of Criminal Evidence 2.1 Introduction 2.2 Definitions 2.3 Reasons for the Rules of Evidence 2.4 Reasons for Excluding Evidence 2.5 Rules of Evidence in Criminal Cases Compared to Rules of Evidence in Civil Cases 2.6 Pretrial Flow of Evidence 2.7 Use of Evidence at the Trial 2.8 Consideration of Evidence on Appeal 2.9 Use of Evidence at the Probation Hearing 2.10 Use of Evidence When Considering Parole 2.11 Summary Proof by Evidence and Substitutes Chapter 3 Burden of Proof 3.1 Introduction 3.2 Definitions and Distinctions 3.3 Preponderance of the Evidence 3.4 Clear and Convincing Evidence 3.5 Beyond a Reasonable Doubt 3.6 Burden on the Prosecution 3.7 Burden to Prove All Elements of the Crime 3.8 Burden on the Accused 3.9 Burden of Proving Affirmative Defenses—General 3.10 —Alibi 3.11 —Insanity 3.12 —Self-Defense 3.13 Sufficiency of Evidence 3.14 Summary Chapter 4 Proof via Evidence 4.1 Introduction 4.2 Pretrial Motions Pertaining to Evidence 4.3 General Approach to Admissibility 4.4 Order of Presenting Evidence at the Trial 4.5 Procedure for Offering and Challenging Evidence 4.6 Role of the Trial Judge in Evidence Matters 4.7 Function of the Jury 4.8 Role of Witnesses 4.9 Prosecuting Attorney’s Responsibilities 4.10 Defense Attorney’s Responsibilities 4.11 Admissibility and Weight of Direct and Circumstantial Evidence 4.12 Summary Chapter 5 Judicial Notice 5.1 Introduction 5.2 Judicial Notice Defined 5.3 Judicial Notice of Facts 5.4 —Matters of General Knowledge 5.5 —History and Historical Facts 5.6 —Geography and Geographical Facts 5.7 —Facts Relating to Nature and Science 5.8 —Language, Abbreviations, and Symbols 5.9 Judicial Notice of Laws 5.10 —Law of the Forum 5.11 —Federal Law 5.12 —Law of Sister States 5.13 —Law of Foreign Countries 5.14 —Municipal Ordinances 5.15 —Administrative Regulations 5.16 —Jurisdiction of Courts 5.17 Judicial Notice Process 5.18 Judicial Notice in Criminal Cases 5.19 Summary Chapter 6 Presumptions, Inferences, and Stipulations 6.1 Introduction6.2 Definitions and Distinctions 6.3 Reasons for Presumptions and Inferences 6.4 Presumptions of Law 6.5 Presumptions of Fact 6.6 Classes of Presumptions 6.7 Specific Presumption Situations 6.8 —Innocence 6.9 —Sanity 6.10 —Suicide 6.11 —Possession of Fruits of Crime 6.12 —That a Person Intends the Ordinary Consequences of His or Her Voluntary Acts 6.13 —Knowledge of the Law 6.14 —Flight or Concealment 6.15 —Unexplained Absence as Death 6.16 —Regularity of Official Acts 6.17 Constitutionality Tests for Presumptions and Inferences 6.18 Stipulations 6.19 —Polygraph Tests 6.20 Summary General Admissibility Tests Chapter 7 Relevancy and Materiality 7.1 Introduction 7.2 Relevancy Defined 7.3 Admissibility of Relevant Evidence 7.4 Reasons for Exclusion of Relevant and Material Evidence 7.5 Relevancy of Particular Matters 7.6 —Identity of Persons 7.7 —Identity of Things 7.8 —Circumstances Preceding the Crime 7.9 —Subsequent Incriminating or Exculpatory Circumstances 7.10 —Defenses 7.11 —Character Evidence 7.12 —Proof of Other Crimes, Wrongs, or Acts 7.13 —Experimental and Scientific Evidence 7.14 —Relevancy of Cybercrime Evidence 7.15 Summary Chapter 8 Competency of Evidence and Witnesses 8.1 Introduction 8.2 Definitions 8.3 General Categories of Incompetent Evidence 8.4 Competency of Evidence—Documentary Evidence 8.5 —Tests and Experiments 8.6 —Conduct of Trained Dogs 8.7 —Telephone Conversations 8.8 Negative Evidence as Competent Evidence 8.9 Evidence Competent for Some Purposes but Not for Others 8.10 Competency of Witnesses 8.11 —Mental Incapacity 8.12 —Children 8.13 —Husband and Wife 8.14 —Conviction of Crime 8.15 —Religious Belief 8.16 Competency of the Judge as a Witness 8.17 Competency of Juror as Witness 8.18 Summary Evidence via Witness Testimony Chapter 9 Examination of Witnesses 9.1 Introduction 9.2 Essential Qualities of a Witness 9.3 Oath or Affirmation Requirement 9.4 Judicial Control of Testimony 9.5 Separation of Witnesses 9.6 Direct Examination of Witnesses 9.7 —Leading Questions9.8 —Refreshing Memory—Present Memory Revived 9.9 —Past Recollection Recorded 9.10 Cross-Examination of Witnesses 9.11 Redirect and Recross-Examination 9.12 Impeachment of Witnesses 9.13 —Own Witness 9.14 —Bias or Prejudice 9.15 —Character and Conduct 9.16 —Conviction of Crime 9.17 —Prior Inconsistent Statements 9.18 —Defects of Recollection or Perception 9.19 —Use of Confession for Impeachment Purposes 9.20 Rehabilitation of Witness 9.21 Summary Chapter 10 Privileges 10.1 Introduction 10.2 Reasons for Privileged Communications 10.3 Communications Between Spouses 10.4 Communications Between Attorney and Client 10.5 Communications Between Physician and Patient 10.6 Communications to Clergy 10.7 Confidential Informant Privilege 10.8 State Secrets and Other Official Information 10.9 News Media—Informant Privilege 10.10 Summary Chapter 11 Opinions and Expert Testimony 11.1 Introduction 11.2 Definitions and Distinctions 11.3 Admissibility of Nonexpert Opinions 11.4 Subjects of Nonexpert Opinions 11.5 Opinions of Experts 11.6 Qualifications of an Expert 11.7 Selection of Expert Witness 11.8 Examination of Expert Witness 11.9 Cross-Examination of Expert Witness 11.10 Subjects of Expert Testimony 11.11 Experts from Crime Laboratories 11.12 Summary Chapter 12 Hearsay Rule and Exceptions 12.1 Introduction 12.2 Definitions and Statement of the Hearsay Rule 12.3 History and Development of the Hearsay Rule 12.4 Exceptions to the Hearsay Rule—General 12.5 —Spontaneous and Excited Utterances 12.6 —Business and Public Records 12.7 —Family History and Records (Pedigree) 12.8 —Former Testimony 12.9 —Dying Declarations 12.10 —Declarations Against Interest 12.11 —Other Exceptions—Residual Exceptions 12.12 Nontestimonial Utterances 12.13 Summary Chapter 13 Documentary Evidence 13.1 Introduction 13.2 Authentication 13.3 Self-Authentication 13.4 Methods of Authentication 13.5 Specific Examples of Documentary Evidence 13.6 Best Evidence Rule 13.7 Secondary Evidence 13.8 Summaries 13.9 Learned Treatises 13.10 Summary Chapter 14 Real Evidence 14.1 Introduction 14.2 Admissibility Requirements 14.3 Exhibition of Person 14.4 Articles Connected with the Crime 14.5 View of the Scene 14.6 Photographs 14.7 Motion Pictures, Videotapes, and Digital Video Recordings 14.8 X-rays, CAT Scans, and MRI Images 14.9 Sound Recordings, Phone Voice Messages, and Texts 14.10 Diagrams, Maps, and Models 14.11 Courtroom Demonstrations and Experiments 14.12 Preservation and Disclosure of Evidence Favorable to the Defense 14.13 Summary Chapter 15 Results of Examinations and Tests 15.1 Introduction 15.2 Examination of the Person 15.3 Intoxication Tests 15.4 Blood Grouping Tests and Blood Comparisons 15.5 Polygraph Examinations 15.6 "Truth Serum" Results 15.7 Fingerprint Comparisons 15.8 Ballistics Experiments 15.9 Speed Detection Readings 15.10 Neutron Activation Analysis 15.11 Deoxyribonucleic Acid (DNA) Tests 15.12 Other Examinations and Tests 15.13 Summary Exclusion of Evidence on Constitutional Grounds Chapter 16 Evidence Unconstitutionally Obtained 16.1 Introduction 16.2 Development of the Exclusionary Rule 16.3 Search and Seizure Exclusions 16.4 Exclusion of Evidence Obtained by Illegal Wiretapping or Eavesdropping 16.5 Exclusion of Confessions Obtained in Violation of Constitutional Provisions 16.6 Self-incrimination and Related Protections 16.7 Due Process Exclusions 16.8 Right to Counsel as It Relates to the Exclusion of Evidence 16.9 Summary PART II Judicial Decisions Relating to Part I Table of Cases in Part II Cases Relating to Chapter 1 Cases Relating to Chapter 2 Cases Relating to Chapter 3 Cases Relating to Chapter 4 Cases Relating to Chapter 5 Cases Relating to Chapter 6 Cases Relating to Chapter 7 Cases Relating to Chapter 8 Cases Relating to Chapter 9 Cases Relating to Chapter 10 Cases Relating to Chapter 11 Cases Relating to Chapter 12 Cases Relating to Chapter 13 Cases Relating to Chapter 14 Cases Relating to Chapter 15 Cases Relating to Chapter 16 Appendix I: Federal Rules of Evidence—2013 Appendix II: Table of Contents, Uniform Rules of Evidence with 2005 Amendments Index of Cases Subject Index

O autorze

Jefferson L. Ingramholds the rank ofProfessor in the Department of Political Science at the University of Dayton. He has a B.S. in secondary education, an M.A. in history, and a Juris Doctor. He is a member of the Ohio Bar, the Florida Bar, the Bar of the federal courts for the Southern District of Ohio, and the Bar of the Supreme Court of the United States.