Criminal Evidence: An Introduction

Paperback | January 25, 2012

byJohn L. Worrall, Craig Hemmens, Lisa Nored

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Now in its second edition, Criminal Evidence: An Introduction 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 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 concise coverage of evidentiary law in thirteen 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. New to this Edition* Includes hypothetical "Case Decision" exercises * Revised and updated with the latest scholarship and research* A new chapter on wrongful convictions* Places more emphasis on the role of evidence* Completely updated with important cases and developments in evidence law* Incorporates excerpts from the Federal Rules of Evidence* Helpful pedagogical resources and study aids--discussion questions, lists of relevant websites, and a glossary of key terms

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Now in its second edition, Criminal Evidence: An Introduction 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 Nored offer an invaluable and innovative re...

John L. Worrall is Professor of Criminology and Program Head at the University of Texas at Dallas. Craig Hemmens is Department Head and Professor, Department of Criminology and Criminal Justice, Missouri State University. Lisa Nored is Professor and Director of Criminal Justice at the School of Criminal Justice at the University of Sou...

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Format:PaperbackDimensions:448 pages, 9.25 × 7.5 × 0.68 inPublished:January 25, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199783241

ISBN - 13:9780199783243

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Table of Contents

Each Chapter opens with a list of key terms and an Introduction, and ends with a Summary, Discussion Questions, suggestions for further reading, and a list of cited cases.: SECTION ONE: Preliminary Matters/ Setting The Stage1. IntroductionThe Development of LawPrecedent and stare idecisis/iSources of LawSources of Individual RightsThe ConstitutionThe Bill of RightsStandard of ReviewIncorporation of the Bill of RightsJudicial ReviewRules of EvidencePurposeHistory2. The American Criminal Court SystemJurisdictionThe Federal CourtsDistrict CourtsCourts of AppealsThe Supreme CourtThe State CourtsCourt ActorsJudgesProsecutorsDefense AttorneysOverview of the Criminal ProcessPretrial ProceedingsPretrial MotionsJury SelectionThe TrialSentencingAppeals3. Some Important Underlying ConceptsBurdens of Proof and ProductionThe Burden of ProductionThe Burden of ProofThe Reasonable Doubt StandardOther Standards for the Burden of ProofThe Exclusionary RuleHistory of the Exclusionary RuleExceptions to the Exclusionary RuleAffirmative DefensesJustification DefensesSelf-defenseConsentExecution of Public DutiesExcuse DefensesDuressIntoxicationMistakeAgeInsanity4. Forms of EvidenceTypes of EvidenceDirect and Circumstantial EvidenceCircumstantial EvidenceAbility to Commit the CrimeIntent or MotiveConsciousness of GuiltEvidence Involving the VictimEvidence Involving the Character of the Suspect or VictimJudicial NoticeWho Is Responsible for Judicial Notice?Varieties of Judicial NoticeJudicial Notice of Adjudicative FactsThe "Indisputable" ComponentThe Common Knowledge ComponentThe Ascertainable Fact ComponentProcedure for Judicial NoticeMore Benefits of Judicial NoticeCriticisms of Judicial NoticePresumptions and InferencesDistinguishing between Presumptions and InferencesConclusive Versus Rebuttable PresumptionsPresumptions of Law Versus Presumptions of FactThe Effect of PresumptionsThe Need for Presumptions and InferencesTypes of PresumptionsThe Presumption of InnocenceThe Presumption of SanityThe Presumption against SuicideThe Presumption of a Guilty Mind Following Possession of the Fruits of CrimeThe Presumption of Knowledge of the LawThe Presumption of the Regularity of Official ActsThe Presumption that Young Children Are Not Capable of Committing CrimeThe Presumption that People Intend the Consequences of Their Voluntary ActionsThe Presumption of Death Following a Lengthy Unexplained AbsenceA Quick SummaryConstitutional Requirements for PresumptionsStipulationsSECTION TWO: Obtaining Evidence: Arrest and Search Proceedures5. Obtaining Evidence and the Fourth AmendmentThe Fourth Amendment: An IntroductionImportant Issues in Fourth Amendment JurisprudenceA Framework for Analyzing the Fourth AmendmentGovernment Action: Searches and SeizuresWhen a Search OccursWhen a Seizure OccursWhen a Search/Seizure is Reasonable: The Doctrine of JustificationProbable CauseReasonable SuspicionAdministrative JustificationArrests and Seizures with WarrantsSearch and Arrest Warrant ComponentsArrest WarrantsWhen Arrest Warrants Are RequiredExecuting Arrest WarrantsSearch WarrantsExecuting Search WarrantsSpecial ConsiderationsSpecial CircumstancesSearch Warrants and Bodily IntrusionsAdministrative SearchesAnticipatory Search Warrants6. Preserving Evidence: Exceptions to the Warrant RequirementArrests and Searches without WarrantsWarrantless Actions Based on Probable CauseSearches Incident to ArrestExigent CircumstancesHot PursuitLikelihood of Escape or Danger to Others"Evanescent" EvidenceAutomobile SearchesPlain View DoctrineLawful Access RequirementImmediately Apparent RequirementWarrantless Actions Based on Reasonable SuspicionWarrantless Actions Based on Administrative JustificationInventoriesInspectionsCheckpointsSchool Disciplinary SearchesSearches of Government Employee OfficesDrug and Alcohol TestingEmployee TestingHospital Patient TestingPublic School StudentsProbation Supervisions SearchesWarrantless Actions Based on ConsentVoluntariness RequirementScope of Consent SearchesThird Party Consent7. Self-Incrimination, Confessions and Identification ProceduresThe Fifth Amendment and Self-IncriminationCompulsionCompulsion during QuestioningCompulsion via Written DocumentsThreats of SanctionsIncriminationThe "Testimonial Evidence" RequirementThe Meaning of "Self" in Self-IncriminationConfessionsThe Various Approaches to Confession LawThe Due Process "Voluntariness" ApproachThe Sixth Amendment ApproachThe Miranda ApproachCustodyInterrogationsSubstance and Adequacy of the WarningsWaiver of MirandaOther iMiranda/i TopicsThe Role of the Exclusionary Rule in the Confession AnalysisConfessions and StandingConfessions and ImpeachmentConfessions and Fruit of the Poisonous TreeIdentification ProceduresConstitutional Restrictions on Identification ProceduresRight to CounselDue ProcessThe Fifth AmendmentThe Fourth AmendmentThe Fourth AmendmentIdentification ProceduresLineupsShowupsPhotographic IdentificationsSECTION THREE: Criminal Evidence8. Witness Competency, Credibilty and ImpeachmentCompetencyGrounds for Challenging CompetencyMental IncapacityChildhoodSpousal RelationshipsControversial Issues in Spousal TestimonyPrior ConvictionsReligious BeliefsJudges and Jurors as WitnessesSummaryThe Duty to Tell the TruthThe Ability to Observe and RememberDead Man's StatutesWhen Corroboration Is RequiredWitness CredibilityImpeachmentBias or PrejudicePrior ConvictionsUncharged Crimes and Immoral ActsContradictions and Prior Inconsistent StatementsInability to ObserveReputationRehabilitation9. Examining WitnessesSecuring the Attendance of WitnessesTypes of WitnessesExpert WitnessesTypes of ExpertsThe Prerequisites for Expert TestimonyThe Third Prerequisite in Depth: Deciding Who Is an ExpertCourt-Appointed ExpertsSubjects of Expert Witness TestimonyLay WitnessesLay and Expert Witness Protection under the Fifth AmendmentThe Accused as a WitnessHow Witnesses Are ExaminedOrder and Scope of QuestionsDirect ExaminationCross-ExaminationRedirect ExaminationRecross-ExaminationThe Form of QuestionsIdentifying a Leading QuestionLeading Questions during Direct ExaminationLeading Questions during Cross-ExaminationRefreshing Witness's MemoryObjections to QuestionsSubstantive ObjectionsOther ObjectionsPreventing Abuse of Witnesses during ExaminationCalling and Questioning by the CourtWitness Sequestration and ExclusionOpinion TestimonyThe Opinion RuleFacts and OpinionsPersonal Knowledge and OpinionsLay Witness OpinionsThe Collective Facts DoctrineThe Basis for Lay OpinionsSubjects of Lay OpinionThe Ultimate Issue RuleExpert Witness OpinionsBases for Expert OpinionsDisclosing Facts and data10. Testimonial PrivilegesIntroductionPrivileges and Witness CompetencyWaiverHistory of Testimonial PrivilegesPurpose of Testimonial PrivilegesThe Privilege against Self-IncriminationImmunityPrivileged CommunicationsMajor Forms of Testimonial PrivilegesHusband and Wife PrivilegeMarital Testimony PrivilegeMarital Communications PrivilegeAttorney and Client PrivilegeCrime Fraud ExceptionClient PerjuryLimitations on the PrivilegeDoctor and Patient PrivilegeLimitations on the PrivilegePsychotherapist-Patient PrivilegeClergy and Penitent PrivilegeState Secrets PrivilegeLimitations on the PrivilegeConfidential Informant PrivilegeNews Reporter and Source PrivilegePrivileges in Civil Cases11. The Hearsay RuleOrigins of the Hearsay RuleHearsay and the Sixth AmendmentProblems with HearsayMisperception and MisunderstandingFaulty MemoryThe Risk of UncertaintyNarrative AmbiguityFor the Truth of the Matter AssertedLegally Operative ConductEffect on HearerCircumstantial Evidence of a Declarant's State of MindPrior StatementsDetermining the Matter AssertedMultiple Hearsay and Nonverbal StatementsExemptions and Exceptions DistinguishedStatements Not Considered Hearsay: Hearsay ExemptionsPrior StatementsAdmissions by Party Opponents12. Hearsay ExceptionsHearsay ExceptionsUnrestricted Hearsay ExceptionsPresent Sense ImpressionsExcited UtterancesThen Existing Mental, Emotional, or Physical ConditionStatements for Medical Diagnosis/TreatmentPast Recollection RecordedThe Business Records ExceptionThe Official (Public) Records ExceptionThe Vital Statistics ExceptionThe "Silent Hound" ExceptionsMiscellaneous Hearsay ExceptionsHearsay Exceptions Requiring "Unavailability" of the DeclarantThe Former Testimony ExceptionDying DeclarationsDeclarations against InterestStatements of Family HistoryForfeiture by WrongdoingThe Residual (Catchall) Hearsay ExceptionHearsay Procedure13. How Different Types of Evidence are IntroducedAuthenticationAuthentication of DocumentsAuthentication of ObjectsAuthentication of VoicesSelf-AuthenticationBest Evidence RuleThe Best Evidence Rule Is Not AuthenticationDefinitionsThe Rule in OperationProving ContentLegally Operative ConductMatters Incidentally RecordMemorialized and Recorded TransactionsTestimony about RulesAdmissibility of DuplicatesSpecial ProblemsWhen the Original Cannot Be ObtainedLost OriginalUnavailable Original or Beyond Reach of Judicial ProcessOriginal in Possession of OpponentCollateral, Official, and Voluminous WritingsThe Admissions DoctrineBest Evidence Rule ProcedureReal/Physical EvidenceReal Evidence and the Fifth AmendmentAdmissibility RequirementsChain of CustodyTypes of Real EvidenceExhibition of a PersonItems Connected to the CrimePhotographsSound RecordingsVideotapes/Motion PicturesX-raysViewing the Crime SceneWhat about Scientific Evidence?Demonstrative EvidenceDrawings and DiagramsDisplays and DemonstrationsComputer AnimationsExperimentsScientific EvidenceStatisticsDNA EvidencePolygraph EvidenceThe Reliability of Eyewitness IdentificationSyndromes and ProfilesBattered Woman SyndromeRape Trauma SyndromeAbused Child SyndromeCriminal ProfilesSECTION FOUR: Issues in Evidence14. Wrongful ConvictionsThe Magnitude of the ProblemAdvocacy OrganizationsSelected CasesRemedies for the Wrongfully ConvictedSection 1983 ClaimsFederal and State Tort ClaimsIneffective Assistance of CounselMoral Obligation BillsCurrent Federal and State Compensation StatutesSuccessful Recovery for the Wrongfully Convicted