Criminal Evidence Principles and Cases,9780495006053

Criminal Evidence Principles and Cases

by ;
Edition: 6th
ISBN13: 9780495006053
ISBN10: 049500605X
Format: Hardcover
Pub. Date: 2006-02-16
Publisher(s): Wadsworth Publishing
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Summary

Part I: INTRODUCTION TO CRIMINAL EVIDENCE. 1. History and Development of the Law of Criminal Evidence. 2. Important Aspects of the American Criminal Justice System. 3. Using Evidence to Determine Guilt or Innocence. 4. Direct and Circumstantial Evidence and the Use of Inferences. Part II: WITNESSES AND THEIR TESTIMONY. 5. Witnesses and the Testimony of Witnesses. 6. Judicial Notice and Privileges of Witnesses. 7. The Use of Hearsay in the Courtroom. 8. Exceptions to the Hearsay Rule. Part III: WHEN EVIDENCE CANNOT BE USED BECAUSE OF POLICE MISTAKES OR MISCONDUCT. 9. The Exclusionary Rule. 10. When Improperly Obtained Evidence Can Be Used. 11. ''Evidence is Admissible if Obtained During an Administrative Function under the "Special Needs" of Government. 12. Obtaining Statements and Confessions for Use as Evidence. 13. The Law Governing Identification Evidence. 14. Obtaining Physical and Other Evidence. 15. Obtaining Evidence by Use of Search Warrants, Wiretapping, or Dogs Trained to Indicate an Alert. Part IV: CRIME SCENE, DOCUMENTARY, AND SCIENTIFIC EVIDENCE. 16. The Crime Scene, the Chain of Custody Requirement, and the use of Fingerprints and Trace Evidence. 17. Videotapes, Photographs, Documents, and Writings as Evidence. 18. Scientific Evidence. Appendix A: Sections of the U.S. Constitution. Appendix B: Federal Rules of Evidence. Glossary. Table of Cases. Index.

Table of Contents

Preface xv
Part 1 Introduction to Criminal Evidence
History and Development of the Law of Criminal Evidence
1(17)
History of the Rules of Evidence
2(2)
Early Methods of Determining Guilt or Innocence
2(2)
Magna Carta and Habeas Corpus
4(2)
The American Declaration of Independence
6(1)
The U.S. Constitution and the American Bill of Rights
6(2)
Basic Rights Under the U.S. Constitution Today
8(5)
The Presumption of Innocence Until Proven Guilty
10(1)
The Right to a Speedy and Public Trial
10(1)
The Right to an Indictment
10(1)
The Right to a Fair (Not Perfect) Trial
10(1)
The Right to Assistance of Counsel
11(1)
The Right to Be Informed of Charges
11(1)
The Right of the Defendant to Compel Witnesses
11(1)
The Right of the Defendant to Testify or Not Testify
11(1)
The Right of the Defendant to Confront and Cross-Examine Witnesses
12(1)
The Right to Be Free of Unreasonable Searches and Seizures
12(1)
The Right to an Impartial Jury
13(1)
Summary, Problems, LegalTrac Exercises, Case Analysis, Notes
13(5)
Important Aspects of the American Criminal Justice System
18(19)
Federalism in the United States
19(4)
Federalism and the Law of Evidence
19(1)
State and Federal Jurisdiction over Crimes in the United States
20(1)
Law Enforcement in the American Federal System
21(2)
The American Adversary System
23(2)
The Adversary System and Battles over What Is Relevant, Reliable, and Competent Evidence
25(4)
Relevant Evidence
25(1)
Reliable Evidence
26(1)
Competent Evidence
27(2)
The American Accusatorial System
29(1)
Disclosing Information in the Adversary System
29(5)
Notice of Alibi Statutes
29(1)
The Duty to Disclose Evidence Tending to Show the Innocence of an Accused (The Brady Rule)
30(1)
Lost, Misplaced, and Destroyed Evidence
31(2)
Use of False or Perjured Evidence
33(1)
Summary, Problems, LegalTrac Exercises, Case Analysis, Notes
34(3)
Using Evidence to Determine Guilt or Innocence
37(20)
Evaluation and Review of Evidence
38(1)
The Criminal Court Process
39(1)
Pleas a Defendant May Enter to a Criminal Charge
40(6)
The Not Guilty Plea
40(2)
The Guilty Plea
42(2)
The Alford Guilty Plea
44(1)
The No Contest or Nolo Contendere Plea
44(1)
The Conditional Guilty Plea
45(1)
The Insanity Plea
45(1)
Plea Bargaining or Sentence Bargaining
46(2)
An Offer to Plead Guilty Cannot Be Used as Evidence If the Offer Is Later Withdrawn
48(1)
The Trial
49(4)
Summary, Problems, LegalTrac Exercises, Case Analysis, Notes
53(4)
Direct and Circumstantial Evidence and the Use of Inferences
57(28)
Evidence and Proof
58(1)
What Is Evidence?
58(1)
The Reasonable Doubt Standard
58(2)
Direct Evidence and Circumstantial Evidence
60(10)
The Inference That People Intend the Natural and Probable Consequences of Their Deliberate Acts
61(1)
When Circumstantial Evidence Alone Is Used to Obtain a Criminal Conviction
62(3)
Means-Opportunity-Motive as Circumstantial Evidence
65(1)
Fingerprints and Shoe Prints as Circumstantial Evidence
66(1)
Inferences Drawn from Other Bad Acts or Other Convictions of Defendants
67(1)
Some Inferences Should Not Be Drawn
68(1)
When a Defendant Exercises the Privilege Against Self-Incrimination
69(1)
When the Information Is Protected by the Rape Shield Law
69(1)
When Courts Rule Both Ways on the Cessation of Signature Crimes After a Suspect's Arrest
70(1)
When a Suspect Seeks to Contact a Lawyer
70(1)
Using Direct and Circumstantial Evidence
70(5)
Finding Illegal Drugs in a Motor Vehicle
70(1)
Proving the Crime of Possession of Illegal Drugs with Intent to Deliver
71(1)
Proving Use of the Internet in Child Pornography
72(1)
Proving Physical and Sexual Abuse of Children
73(1)
Proving the Defendant Was the Driver of a Motor Vehicle
74(1)
Proving Corpus Delicti by Direct or Circumstantial Evidence
75(1)
The Sufficiency-of-Evidence Requirement to Justify a Verdict or Finding of Guilt
76(4)
The Use of Presumptions and Inferences
78(1)
Presumptions
78(1)
Inferences
78(2)
Summary, Problems, LegalTrac Exercises, Case Analysis, Notes
80(5)
Part 2 Witnesses and Their Testimony
Witnesses and the Testimony of Witnesses
85(26)
Qualifications Necessary to Be a Witness
86(2)
The General Presumption That Adults Are Competent to Be Witnesses
86(1)
Children as Witnesses
87(1)
Voir Dire
87(1)
Credibility of Witnesses
88(3)
Methods Used to Keep Witnesses Honest
88(1)
Credibility and the Weight of Evidence
89(1)
Eyewitness Testimony
90(1)
Demeanor as Evidence in Determining Witness Credibility
90(1)
Constitutional Rights of Defendants Regarding Witnesses
91(3)
The Right to Compel the Attendance of Witnesses
91(1)
The Right to Confront and Cross-Examine Witnesses
92(1)
The Defendant's Right to Testify in His or Her Defense
93(1)
Types of Witnesses and Opinion Evidence
94(3)
Ordinary Witnesses and Expert Witnesses
94(1)
Opinion Evidence by Ordinary Witnesses
95(2)
Direct Examination of Witnesses
97(4)
Cross-Examination of Witnesses
97(2)
Objections to Questions
99(2)
The Requirements of Relevancy, Materiality, and Competency
101(1)
Redirect Examination and Recross-Examination
102(1)
The Role of the Trial Judge
103(1)
Can a Person Who Has Been Hypnotized Testify as a Witness?
103(2)
Summary, Problems, LegalTrac Exercises, Case Analysis, Notes
105(6)
Judicial Notice and Privileges of Witnesses
111(26)
Judicial Notice in General
112(3)
Judicial Notice of Matters of General Knowledge
112(2)
Judicial Notice of Facts Obtained from Sources Such as Records, Books, and Newspapers
114(1)
Scientific and Technological Facts Recognized by Judicial Notice
114(1)
The Privilege Against Self-Incrimination
115(2)
Areas Where the Fifth Amendment Privilege Against Self-Incrimination Does Not Apply
115(1)
Recent Examples Where the Fifth Amendment Privilege Against Self-Incrimination Does Apply
116(1)
The Attorney-Client Privilege
117(2)
Requirements of the Attorney--Client Privilege
117(1)
Limits of the Attorney---Client Privilege
118(1)
The Husband-Wife Privilege
119(2)
Partnership-in-Crime Exception to the Husband-Wife Privilege
120(1)
When One Spouse Commits Crimes Against the Other Spouse or Children
120(1)
The Physician-Patient Privilege
121(1)
Requirements of the Physician--Patient Privilege
121(1)
The Psychotherapist---Patient Privilege
122(1)
The Dangerous Patient Exception to the Psychotherapist-Patient Privilege
122(1)
The Sexual Assault Counselor's Privilege and Privileges Covering Other Counselors
123(1)
The Clergy--Penitent Privilege
123(1)
The News Reporter's Privilege Not to Reveal the Source of the Information
124(3)
Does the Constitution Give News Reporters a Privilege Not to Reveal the Source of Their Information?
124(1)
The Problem of Leaking Government Information to the Press, or Should Leaking Be Encouraged?
125(2)
Is There a Parent--Child Privilege?
127(1)
The Privilege Concerning the Identity of Informants
127(2)
The Limits to the Informant's Privilege
128(1)
The Government's Privilege Not to Reveal Government Secrets
129(2)
The Privilege Not to Disclose Military or Diplomatic Secrets Vital to National Security
129(1)
The President's Privilege of Confidentiality
130(1)
The Secrecy of Grand Jury Proceedings as a Privilege
130(1)
Summary, Problems, LegalTrac Exercises, Case Analysis, Notes
131(6)
The Use of Hearsay in the Courtroom
137(11)
Witnesses and the Hearsay Rule
138(1)
The History of the Hearsay Rule
138(2)
The 1603 Trial of Sir Walter Raleigh
139(1)
Hearsay Rules and the Use of Independent Juries in the American Colonies/States
140(1)
What Is Hearsay?
140(3)
What Is an Assertive Statement?
140(1)
Nonverbal Communications Can Be Assertive
141(1)
Conduct That Is Not Meant to Communicate
141(1)
The Hearsay Rule Forbids Only Statements Offered to Prove the Truth of That Statement
141(2)
What Is Not Hearsay? Federal Rules of Evidence 801(d)(1), 801(d)(2), and 801(d)(2)(E)
143(1)
Prior Statement by a Witness
143(1)
Admission by Party-Opponent
143(1)
The Co-Conspirator Rule
144(1)
Summary, Problems, LegalTrac Exercises, Case Analysis, Notes
144(4)
Exceptions to the Hearsay Rule
148(19)
Hearsay and the Confrontation Clause
149(3)
The Indicia of Reliability Requirement
149(3)
The 2004 U.S. Supreme Court Case of Crawford v. Washington on Testimonial Hearsay
152(1)
``Firmly Rooted'' Exceptions to the Hearsay Rule
153(6)
Excited Utterance Exception
155(1)
Reason for the Exception
155(1)
Then Existing Mental, Emotional, or Physical Condition Exception
155(1)
Reason for the Exception
155(2)
Statements for Purposes of Medical Diagnosis or Treatment Exception
157(1)
Use of the Exception in Criminal Trials
157(1)
Regularly Kept Records Exception
157(1)
Reason for the Exception
158(1)
Dying Declaration Exception
158(1)
Reason for the Exception
158(1)
Statement Against-Penal-Interest Exception
159(1)
Reason for the Exception
159(1)
The Fresh Complaint and the Outcry Rule
159(2)
Modern Hearsay Exceptions in Child Sexual Abuse Cases
161(1)
Have Innocent People Been Charged or Convicted in Child Sexual Abuse Cases?
161(1)
Summary, Problems, LegalTrac Exercises, Case Analysis, Notes
162(5)
Part 3 When Evidence Cannot Be Used Because of Police Mistakes or Misconduct
The Exclusionary Rule
167(13)
The Exclusionary Rule (or the Rule of the Exclusion of Evidence)
168(1)
The Fruit of the Poisonous Tree Doctrine (or the Derivative Evidence Rule)
168(3)
Exceptions to the Fruit of the Poisonous Tree Doctrine
171(3)
The Independent Source Doctrine
171(1)
The Inevitable Discovery Rule
171(1)
The Attenuation, or Passage of Time, Rule
172(2)
The Miranda Rule and the Fruit of the Poisonous Tree Doctrine
174(1)
Many States Now Have Two Sets of Exclusionary Rules
175(1)
Summary, Problems, LegalTrac Exercises, Case Analysis, Notes
176(4)
Where the Exclusionary Rule Does Not Apply
180(22)
The Exclusionary Rule Does Not Apply to Evidence Obtained in a Private Search by a Private Person
181(1)
The Exclusionary Rule Applies Only in Criminal Cases
182(1)
The Exclusionary Rule Does Not Apply If the Defendant Does Not Have Standing or If No Right of Privacy of the Defendant Has Been Violated
183(2)
Evidence Obtained from Abandoned Property Will Not Be Suppressed
185(4)
Throwaway as a Form of Abandonment
185(1)
Denial of Ownership as a Form of Abandonment
186(1)
Evidence Obtained from Garbage or Trash
187(1)
Abandoned Motor Vehicles
187(1)
Expiration of Rental Agreements for Motels and Lockers as a Form of Abandonment
188(1)
Evidence Discovered in Open Fields Will Not Be Suppressed
189(4)
Evidence Discovered in Good Faith or by Honest Mistake Will Not Be Suppressed
193(2)
The Good Faith Exception
193(1)
The Honest Mistake Rule
194(1)
Other Areas Where the Exclusionary Rule Does Not Apply
195(3)
Summary, Problems, LegalTrac Exercises, Case Analysis, Notes
198(4)
Evidence Is Admissible If Obtained During an Administrative Function Under the ``Special Needs'' of Government
202(16)
Security Screening at Airports, Courthouses, and Other Public Buildings and Places
203(1)
Fire, Health, and Housing Inspections
203(1)
School Searches on Reasonable Suspicion
204(1)
Drug Testing Without Probable Cause or a Search Warrant
205(3)
Of Law Officers and Other Persons in Critical Occupations
205(1)
Drug Testing on Reasonable Suspicion
206(1)
School Boards May Require Random Drug Testing of Student Athletes
206(1)
School Boards May Require Random Drug Testing of Students Participating in Extracurricular Activities
206(2)
Searches Without Probable Cause or Search Warrants of Closely Regulated Businesses
208(1)
Work-Related Searches in Government Offices (the Ortega Rule)
209(1)
Roadblocks or Vehicle Checkpoint Stops
209(3)
Border Searches
211(1)
Sham Roadblocks
211(1)
Correctional Programs, Hearings, or Requirements That May Cause a Prison Inmate to Incriminate Himself
212(1)
Other Special Government Needs Where Neither Probable Cause nor Search Warrants Are Needed
213(2)
Summary, Problems, LegalTrac Exercises, Case Analysis, Notes
215(3)
Obtaining Statements and Confessions for Use as Evidence
218(30)
Can a Confession Alone Sustain a Criminal Conviction?
219(1)
The Corpus Delicti Rule
219(1)
The Requirement That Confessions and Incriminating Statements Be Voluntary
220(2)
Using Violence to Obtain Confessions
221(1)
The Totality of the Circumstances Test to Determine Whether a Confession or Statement Is Voluntary
221(1)
The Miranda Requirements
222(11)
When Miranda Warnings Are Not Required
224(4)
The Public Safety Exception and the Rescue Doctrine as Exceptions to Miranda Requirements
228(1)
The Public Safety Exception
228(2)
Other Cases Concerning Public Safety
230(2)
The California Rescue Doctrine
232(1)
The Massiah Limitation
233(2)
The Bruton Rule
235(1)
Questioning People in Jail or Prison
236(2)
Polygraph Test Results as Evidence
238(3)
The Controversy over Polygraph Testing
239(1)
Polygraph Testing in the American Criminal Justice System
240(1)
Voice Spectrography Evidence
241(1)
Summary, Problems, LegalTrac Exercises, Case Analysis, Notes
242(6)
The Law Governing Identification Evidence
248(21)
Evidence Needed for a Criminal Conviction
249(1)
The Problem of Mistaken Eyewitness Identification
250(3)
Using Showups to Obtain Identification Evidence
253(1)
The Importance of Obtaining Prior Descriptions of Offenders
254(1)
Determining the Reliability of Identification Evidence
254(2)
Guidelines to Determine the Reliability and Accuracy of Eyewitness Identification
255(1)
Using Lineups to Obtain Identification Evidence
256(2)
Judges' Rules for Lineups
256(2)
Using Photographs to Obtain Identification Evidence
258(1)
Using a Single Photograph for Identification
258(1)
Obtaining Identification Evidence by Other Means
259(3)
Courtroom Identification of a Defendant
262(2)
Summary, Problems, LegalTrac Exercises, Case Analysis, Notes
264(5)
Obtaining Physical and Other Evidence
269(32)
Obtaining Physical Evidence from the Person of a Suspect
270(8)
Obtaining Evidence and Information by Means of Voluntary Conversations
270(1)
Authority Needed to Make an Investigative Detention (Terry Stop)
271(1)
Searches That Can Be Justified During an Investigative Detention
272(1)
Obtaining Physical Evidence During and After an Arrest
273(1)
Evidence Obtained in Searches Following an Arrest
274(1)
Evidence Obtained During Inventory Searches
274(4)
Obtaining Evidence by Police Entry into Private Premises
278(6)
Authority Needed by Police Officers to Enter Private Premises
279(1)
Arrest Warrants
280(1)
Search Warrants and Arrest Warrants
280(3)
Exceptions to the Warrant Requirement to Enter Private Premises
283(1)
Obtaining Evidence in Traffic Stops and Vehicle Searches
284(8)
May a Police Officer Stop a Motor Vehicle for No Reason?
284(1)
Obtaining Evidence During Routine Traffic Stops
285(1)
Obtaining Evidence in Searches of Vehicles, Drivers, and Passengers
286(1)
Permissible Searches Under the Motor Vehicle Exception
287(5)
Summary, Problems, LegalTrac Exercises, Case Analysis, Notes
292(9)
Obtaining Evidence from Computers or by Use of Search Warrants, Wiretapping, or Dogs Trained to Indicate an Alert
301(29)
Obtaining Evidence from Computers
302(1)
Search Warrants
303(5)
Types of Search Warrants
305(1)
Nighttime Search Warrants
305(1)
No-Knock or Unannounced Entries
305(2)
Anticipatory Search Warrants
307(1)
Sneak-and-Peek Entry Warrants
307(1)
Searches of Computers and Other Documentary Sources
307(1)
Wiretapping and Electronic Surveillance
308(14)
Thermal-Imaging Devices
309(1)
Techniques of Lawful Electronic Surveillance
309(1)
Electronic Surveillance and the USA Patriot Act
310(1)
Wiretapping
310(1)
Cell Phones
310(1)
E-Mail
311(1)
Other Surveillance
311(1)
USA Patriot Act Changes
311(1)
Tactics Used by Suspects to Avoid Electronic Surveillance
312(1)
Situations Where Court Orders Are Not Required
312(1)
Overheard Conversations (Plain Hearing)
312(1)
Undercover Officers May Testify About What Was Said in Their Presence
313(1)
Use of Pocket Tape Recorders and the Crime of Bribery
313(1)
Do Suspects Have a Right of Privacy in Conversations Held in Police Vehicles, Jails, or Other Police Buildings?
314(2)
When One Party to a Telephone Conversation Consents to the Police Listening and/or Recording the Conversation
316(1)
Obtaining Evidence by Use of the Confrontational Telephone Call
316(1)
Using Body Wires or Radio Transmitters
317(1)
May One Family Member Wiretap and Record Telephone Calls of Another Family Member?
318(3)
Appraising the Reliability of Informants' Tips
321(1)
Obtaining Evidence by Use of Dogs Trained to Indicate an Alert
322(3)
Drug and Bomb Detection Dogs
323(2)
Summary, Problems, LegalTrac Exercises, Case Analysis, Notes
325(5)
Part 4 Crime-Scene, Documentary, and Scientific Evidence
The Crime Scene, the Chain of Custody Requirement, and the Use of Fingerprints and Trace Evidence
330(24)
Obtaining Evidence from a Crime Scene
331(7)
What Can Police Search for in Premises Where a Serious Crime Has Recently Occurred?
332(1)
Obtaining Evidence After a ``Hot-Pursuit'' Entry into Private Premises
332(2)
Obtaining Evidence in Now-or-Never Exigency Situations
334(1)
Obtaining Evidence in Emergency Aid Situations
335(1)
Defendants Must Have Standing to Challenge the Use of Evidence Obtained from Crime Scenes
335(1)
Protecting and Searching a Crime Scene
336(1)
Crime Scenes Are No Place for a Crowd
336(2)
The Chain of Custody Requirement
338(2)
Failing to Show a Sufficient Chain of Custody
339(1)
Situations Not Requiring a Chain of Custody
339(1)
Fingerprints as Evidence
340(4)
Obtaining Fingerprints
341(1)
Proving That Fingerprints Were Impressed at the Time of the Crime
342(1)
Automated Fingerprint Identification Systems
343(1)
Fingerprints and the Daubert Test
343(1)
Trace Evidence: The Smallest Things Can Make the Biggest Difference
344(1)
The Example of the Missing 5-Year-Old in Virginia
345(1)
Other Types of Evidence
345(2)
Palm Prints and Lip Prints as Evidence
345(1)
Footprints and Shoe Prints as Evidence
346(1)
Bite Marks as Evidence
346(1)
Tire Tracks as Evidence
347(1)
Summary, Problems, LegalTrac Exercises, Case Analysis, Notes
347(7)
Videotapes, Photographs, Documents, and Writings as Evidence
354(19)
Photos and Videotapes as Evidence
355(3)
When Is a Warrant Needed to Install and Conduct Videotape Surveillance?
356(1)
Where Videotaping Can Be Done Without a Warrant
357(1)
Using Photographs as Evidence
358(4)
Introducing Photographs and Videotapes into Evidence
359(1)
Gruesome Photographs and Videotapes
360(1)
X-Ray Films as Evidence
361(1)
Using Documents and Writings as Evidence
362(7)
Using Direct Evidence to Prove That Documents Are Authentic and Genuine
362(1)
Using Circumstantial Evidence to Prove That Documents Are Authentic and Genuine
363(1)
Regularly Kept Records
364(1)
The Best Evidence, or Original Document, Rule
364(3)
The Fourth Amendment Protection of Writings, Records, and Documents
367(1)
The Fifth Amendment Protection of Writings, Records, and Documents
368(1)
Summary, Problems, LegalTrac Exercises, Case Analysis, Notes
369(4)
Scientific Evidence
373(23)
The Importance of Scientific Evidence
374(2)
The Use of Scientific Evidence
374(2)
The Admissibility of Scientific Evidence
376(4)
What Is Scientific Evidence?
376(1)
The Frye Test
376(1)
The Frye Plus Test
377(1)
The Daubert Test
377(1)
The Use of Judicial Notice for Accepted Scientific Techniques
378(2)
A Few of the Sciences and Scientific Techniques Used in the Criminal Justice System
380(12)
DNA Genetic Profiling
380(4)
DNA Forensic Laboratories and the Work They Do
384(2)
Forensic Entomology
386(2)
Ballistic Fingerprinting or Firearm Fingerprinting
388(1)
Sources of Other Scientific Evidence
389(3)
Summary, Problems, LegalTrac Exercises, Case Analysis, Notes
392(4)
Appendix A Sections of the U.S. Constitution 396(2)
Appendix B Federal Rules of Evidence 398(14)
Glossary 412(6)
Case Index 418(4)
Subject Index 422

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