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Criminal Evidence: Principles and Cases

by: Gardner, Thomas J.; Anderson, Terry M.

Criminal Evidence: Principles and Cases

by: Gardner, Thomas J.; Anderson, Terry M.

ISBN 13:
9780534514914
ISBN 10:
053451491X
Edition: 4th
Format: Hardcover
Copyright: 07/01/2000
Publisher: Cengage Learning
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Summary

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.

Introduction	p. xix
Introduction to Criminal Evidence
History and Development of the Law of Criminal Evidence	p. 1
History of the Rules of Evidence	p. 2
Early Methods of Determining Guilt or Innocence	p. 2
Magna Carta and Habeas Corpus	p. 4
The American Declaration of Independence	p. 5
The U.S. Constitution and the American Bill of Rights	p. 6
Basic Rights Under the U.S. Constitution Today	p. 7
The Presumption of Innocence Until Proven Guilty	p. 9
The Right to a Speedy and Public Trial	p. 9
The Right to an Indictment	p. 9
The Right to a Fair (Not Perfect) Trial	p. 9
The Right to Assistance of Counsel	p. 10
The Right to Be Informed of Charges	p. 10
The Right of the Defendant to Compel Witnesses	p. 10
The Defendant's Right to Testify	p. 10
The Right of the Defendant to Confront and Cross-Examine Witnesses	p. 10
The Right of Privacy	p. 11
The Right to an Impartial Jury	p. 11
Problems	p. 11
Notes	p. 12
Important Aspects of the American Criminal Justice System	p. 14
Federalism in the United States	p. 15
Federalism and the Law of Evidence	p. 15
State and Federal Jurisdiction over Crimes in the United States	p. 15
Law Enforcement in the American Federal System	p. 16
The American Adversary System	p. 17
The American Accusatorial System	p. 20
Disclosing Information in the Adversary System	p. 20
The Duty to Disclose Evidence Tending to Show the Innocence of an Accused (the Brady Standard)	p. 21
Lost, Misplaced, and Destroyed Evidence	p. 22
Use of False or Perjured Evidence	p. 23
Notes	p. 24
Using Evidence to Determine Guilt or Innocence	p. 26
Evaluation and Review of Evidence	p. 27
The Criminal Court Process	p. 28
Pleas a Defendant May Enter to a Criminal Charge	p. 29
The Not-Guilty Plea	p. 30
The Guilty Plea	p. 31
The Alford Guilty Plea	p. 31
The No Contest, or Nolo Contendere, Plea	p. 32
Conditional Guilty Pleas	p. 32
The Insanity Plea	p. 33
Plea Bargaining or Sentence Bargaining	p. 34
An Offer to Plead Guilty Cannot Be Used as Evidence if the Offer Is Later Withdrawn	p. 35
The Trial	p. 36
Notes	p. 39
Direct and Circumstantial Evidence and the Use of Inferences	p. 41
Evidence and Proof	p. 42
What Is Evidence?	p. 42
Direct Evidence and Circumstantial Evidence	p. 42
The Inference That People Intend the Natural and Probable Consequences of Their Deliberate Acts	p. 44
When Circumstantial Evidence Alone Is Used to Obtain a Criminal Conviction	p. 45
Means-Opportunity-Motive as Circumstantial Evidence	p. 45
Fingerprints and Shoeprints as Circumstantial Evidence	p. 46
Inferences Drawn from Other Bad Acts or Other Convictions of Defendants	p. 48
Where No Inferences Should Be Drawn	p. 49
Using Direct and Circumstantial Evidence	p. 50
Finding Illegal Drugs in a Motor Vehicle	p. 51
Proving the Crime of Possession of Illegal Drugs with Intent to Deliver	p. 51
Proving Physical and Sexual Abuse of Children	p. 52
Proving That the Defendant Was the Driver of a Motor Vehicle	p. 54
Proving Corpus Delicti by Direct or Circumstantial Evidence	p. 54
The Sufficiency-of-Evidence Requirement to Justify a Verdict or Finding of Guilt	p. 56
The Use of Presumptions and Inferences	p. 59
The Inference That People Are Sane and Normal	p. 60
Problems	p. 61
Notes	p. 62
Witnesses and Their Testimony
Witnesses and the Testimony of Witnesses	p. 64
Qualifications Necessary to Be a Witness	p. 65
The General Presumption That Adults Are Competent to Be Witnesses	p. 65
Children as Witnesses	p. 65
Voir Dire	p. 66
Credibility of Witnesses	p. 68
Methods Used to Keep Witnesses Honest	p. 68
Credibility and the Weight of Evidence	p. 68
Constitutional Rights of Defendants Regarding Witnesses	p. 69
The Right to Compel Attendance of Witnesses	p. 69
The Right to Confront and Cross-Examine Witnesses	p. 70
The Right to Testify in Their Own Behalf	p. 70
Types of Witnesses and Opinion Evidence	p. 71
Ordinary Witnesses and Expert Witnesses	p. 71
Opinion Evidence by Ordinary Witnesses	p. 72
Direct Examination of Witnesses	p. 73
Cross-Examination of Witnesses	p. 74
Objections to Questions	p. 75
The Requirements of Relevancy, Materiality, and Competency	p. 76
Redirect Examination and Recross-Examination	p. 77
The Role of the Trial Judge	p. 78
Can a Person Who Has Been Hypnotized Testify as a Witness?	p. 79
Notes	p. 81
Judicial Notice and Privileges of Witnesses	p. 83
Judicial Notice in General	p. 84
Judicial Notice of Matters of General Knowledge	p. 84
Judicial Notice of Facts Obtained from Sources Such as Records, Books, and Newspapers	p. 85
Scientific and Technological Facts Recognized by Judicial Notice	p. 85
The Privilege Against Self-Incrimination	p. 86
Areas Where the Fifth Amendment Privilege Against Self-Incrimination Does Not Apply	p. 86
The Attorney--Client Privilege	p. 87
The Requirements of the Attorney--Client Privilege	p. 88
Limits of the Attorney--Client Privilege	p. 88
The Husband--Wife Privilege	p. 89
Partnership-in-Crime Exception to the Husband--Wife Privilege	p. 90
When One Spouse Commits Crimes Against the Other Spouse or Children	p. 90
The Physician--Patient Privilege	p. 91
The Requirement of the Physician--Patient Relationship	p. 92
The Psychotherapist--Patient Privilege	p. 92
The Sexual Assault Counselors' Privilege and Privileges Covering Other Counselors	p. 92
The Clergy--Penitent Privilege	p. 93
Do News Reporters Have a Privilege in Your State?	p. 93
The Privilege Not to Reveal the Source of Information	p. 93
Is There a Parent--Child Privilege?	p. 93
The Government's Privilege Not to Reveal Government Secrets	p. 94
The Privilege Concerning the Identity of Informants	p. 94
The Privilege Not to Disclose Military or Diplomatic Secrets Vital to National Security	p. 96
The President's Privilege of Confidentiality	p. 96
The Secrecy of Grand Jury Proceedings as a Privilege	p. 97
Notes	p. 97
The Use of Hearsay in the Courtroom	p. 101
Witnesses and the Hearsay Rule	p. 102
The History of the Hearsay Rule	p. 102
The 1603 Trial of Sir Walter Raleigh	p. 103
The Hearsay Rules and the Use of Independent Juries in the American Colonies/States	p. 103
What Is Hearsay?	p. 104
What Is Not Hearsay?	p. 105
Summary	p. 106
Notes	p. 107
Exceptions to the Hearsay Rule	p. 108
Hearsay and the Confrontation Clause	p. 109
Firmly Rooted Exceptions to the Hearsay Rule	p. 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 803	p. 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 Rule	p. 118
Modern Hearsay Exceptions in Child Sexual Abuse Cases	p. 118
Have Innocent People Been Charged or Convicted in Child Sexual Abuse Cases?	p. 119
Notes	p. 120
When Evidence Cannot Be Used Because of Police Mistakes or Misconduct
The Exclusionary Rule	p. 122
The Need for the Exclusionary Rule: Policing the Police	p. 123
The "Fruit of the Poisonous Tree" Doctrine, or the Derivative Evidence Rule	p. 123
Exceptions to the "Fruit of the Poisonous Tree" Rule	p. 124
The Independent Source Doctrine	p. 124
The Inevitable Discovery Rule	p. 124
The Attenuation, or Passage of Time, Rule	p. 126
Problems	p. 127
Notes	p. 128
When Improperly Obtained Evidence Can Be Used	p. 129
The Exclusionary Rule Does Not Apply to Evidence Obtained in a Private Search	p. 130
The Exclusionary Rule Applies Only in Criminal Cases	p. 131
Evidence Will Not Be Suppressed Where Only the Rights of One Other Than the Defendant Have Been Violated	p. 132
Abandoned Property Will Not Be Suppressed	p. 134
Throwaway as a Type of Abandonment	p. 135
Denial of Ownership as a Form of Abandonment	p. 135
Evidence Obtained from Garbage or Trash	p. 135
Abandoned Motor Vehicles	p. 135
Expiration of Rental Agreements for Motels and Lockers as a Form of Abandonment	p. 136
Evidence Discovered in Open Fields Will Not Be Suppressed	p. 136
Evidence Discovered in Good Faith or Honest Mistake Will Not Be Suppressed	p. 137
The Good Faith Exception	p. 137
The Honest Mistake Rule	p. 137
Other Areas Where the Exclusionary Rule Does Not Apply	p. 138
Notes	p. 140
Obtaining Statements and Confessions for Use as Evidence	p. 142
Can a Confession Alone Sustain a Criminal Conviction?	p. 143
The Corpus Delicti Rule	p. 143
The Requirement That Confessions and Incriminating Statements Be Voluntary	p. 144
Using Violence to Obtain Confessions	p. 146
The Miranda Requirements	p. 147
When Miranda Warnings Are Not Required	p. 147
The Public Safety Exception and the Rescue Doctrine as Exceptions to Miranda Requirements	p. 151
The Massiah Limitation	p. 153
The Bruton Rule	p. 154
Questioning People in Jail or Prison	p. 157
Polygraph Test Results as Evidence	p. 158
The Controversy over Polygraph Testing	p. 159
Polygraph Testing in the American Criminal Justice System	p. 160
Problems	p. 161
Notes	p. 164
The Law Governing Identification Evidence	p. 166
Evidence Needed to Convict	p. 167
The Problem of Mistaken Eyewitness Identification	p. 168
Using Showups to Obtain Identification Evidence	p. 168
The Importance of Obtaining Prior Descriptions of Offenders	p. 170
Determining the Reliability of Identification Evidence	p. 171
Guidelines Used to Determine the Reliability and Accuracy of Eyewitness Identification	p. 171
Using Lineups to Obtain Identification Evidence	p. 172
Judges' Rules for Lineups	p. 172
Using Photographs to Obtain Identification Evidence	p. 173
Using a Single Photograph for Identification	p. 174
Obtaining Identification Evidence by Other Means	p. 175
Courtroom Identification of a Defendant	p. 177
Problems	p. 179
Notes	p. 180
Obtaining Physical and Other Evidence	p. 182
Obtaining Physical Evidence from the Person of a Suspect	p. 183
Obtaining Evidence and Information by means of Voluntary Conversations	p. 183
Authority Needed to Make an Investigative Detention (Terry Stop)	p. 184
Searches That Can Be Justified During an Investigative Detention	p. 184
Obtaining Physical Evidence During and After an Arrest	p. 185
Evidence Obtained in Searches Following an Arrest	p. 185
Evidence Obtained During Inventory Searches	p. 188
Obtaining Evidence by Police Entry into Private Premises	p. 189
Authority Needed by Police Officers to Enter Private Premises	p. 189
Exceptions to the Warrant Requirement to Enter Private Premises	p. 191
Obtaining Evidence in Traffic Stops and Vehicle Searches	p. 192
May a Police Officer Stop a Motor Vehicle for No Reason?	p. 192
Obtaining Evidence During Routine Traffic Stops	p. 193
Searches That May Be Made of Vehicles, Drivers, and Passengers	p. 194
Permissible Searches Under the Automobile Exception	p. 195
Problems	p. 197
Notes	p. 199
Obtaining Evidence by Use of Search Warrants, Wiretapping, or Drug-Detection Dogs	p. 203
Search Warrants	p. 204
Types of Search Warrants	p. 204
Wiretapping and Electronic Surveillance	p. 206
Situations Where Court Orders Are Not Required	p. 206
Obtaining Evidence by Use of Drug-Detection Dogs	p. 213
Problems	p. 214
Notes	p. 214
Crime-Scene, Documentary, and Scientific Evidence
The Crime Scene, the Chain of Custody Requirement, and Fingerprints as Evidence	p. 217
Obtaining Evidence from a Crime Scene	p. 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 Premises	p. 219
Obtaining Evidence in Now-or-Never Exigency Situations	p. 220
Obtaining Evidence in Emergency Aid Situations	p. 221
Defendants Must Have Standing to Challenge the Use of Evidence Obtained from Crime Scenes	p. 222
Protecting and Searching a Crime Scene	p. 222
The Chain of Custody Requirement	p. 223
Failing to Show a Sufficient Chain of Custody	p. 223
Situations Not Requiring a Chain of Custody	p. 224
Fingerprints as Evidence	p. 224
Obtaining Fingerprints	p. 225
Proving That Fingerprints Were Impressed at the Time of the Crime	p. 226
Automated Fingerprint Identification Systems	p. 226
Other Types of Evidence	p. 227
Problems	p. 229
Notes	p. 230
Videotapes, Photographs, Documents, and Writings as Evidence	p. 234
Filming from Videotapes as Evidence	p. 235
When Is a Warrant Needed to Install and Conduct Videotape Surveillance?	p. 236
Where Videotaping Can Be Done Without a Search Warrant	p. 237
Using Photographs as Evidence	p. 238
Introducing Photographs and Videotapes into Evidence	p. 239
Gruesome Photographs and Videotapes	p. 239
X-Ray Films as Evidence	p. 240
Using Documents and Writings as Evidence	p. 241
Using Direct Evidence to Prove That Documents Are Authentic and Genuine	p. 241
Using Circumstantial Evidence to Prove That Documents Are Authentic and Genuine	p. 242
Regularly Kept Records	p. 243
The Best Evidence, or Original Document, Rule	p. 243
The Fourth Amendment Protection of Writings, Records, and Documents	p. 245
The Fifth Amendment Protection of Writings, Records, and Documents	p. 246
Problems	p. 247
Notes	p. 248
Scientific Evidence	p. 250
The Importance of Scientific Evidence	p. 251
The Use of Scientific Evidence	p. 251
The Admissibility of Scientific Evidence	p. 252
What Is Scientific Evidence?	p. 252
The Use of Judicial Notice for Accepted Scientific Techniques	p. 254
Generally Accepted Scientific Theories and Techniques	p. 255
DNA Genetic Profiling	p. 255
Horizontal Gaze Nystagmus	p. 260
The National Crime Information Center	p. 261
Problems	p. 261
Notes	p. 262
Sections of the U.S. Constitution	p. 263
Federal Rules of Evidence	p. 265
Glossary	p. 282
Table of Cases	p. 285
Index	p. 291
Table of Contents provided by Syndetics. All Rights Reserved.

Amazon no longer offers textbook rentals. We do!

Criminal Evidence: Principles and Cases

Criminal Evidence: Principles and Cases

9780534514914

053451491X

Summary

Table of Contents

Supplemental Materials

Write a Review

Amazon no longer offers textbook rentals. We do!

Criminal Evidence: Principles and Cases

Criminal Evidence: Principles and Cases

9780534514914

053451491X

Summary

Table of Contents

Supplemental Materials

Write a Review

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