Criminal Evidence Principles and Cases (with InfoTrac),9780534615512

Criminal Evidence Principles and Cases (with InfoTrac)

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Edition: 5th
ISBN13: 9780534615512
ISBN10: 0534615511
Format: Hardcover
Pub. Date: 2003-10-08
Publisher(s): Wadsworth Publishing
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Summary

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. 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. 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. 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 xiii
PART I Introduction to Criminal Evidence
CHAPTER 1 History and Development of the Law of Criminal Evidence
3(14)
A. HISTORY OF THE RULES OF EVIDENCE
4(2)
Early Methods of Determining Guilt or Innocence
4(2)
B. MAGNA CARTA AND HABEAS CORPUS
6(1)
C. THE AMERICAN DECLARATION OF INDEPENDENCE
7(1)
D. THE U.S. CONSTITUTION AND THE AMERICAN BILL OF RIGHTS
8(2)
E. BASIC RIGHTS UNDER THE U.S. CONSTITUTION TODAY
10(4)
The Presumption of Innocence Until Proven Guilty
10(2)
The Right to a Speedy and Public Trial
12(1)
The Right to an Indictment
12(1)
The Right to a Fair (Not Perfect) Trial
12(1)
The Right to Assistance of Counsel
12(1)
The Right to Be Informed of Charges
12(1)
The Right of the Defendant to Compel Witnesses
13(1)
The Right of the Defendant to Testify
13(1)
The Right of the Defendant to Confront and Cross-Examine Witnesses
13(1)
The Right of Privacy
13(1)
The Right to an Impartial Jury
14(1)
SUMMARY
14(1)
PROBLEMS
14(1)
INFOTRAC COLLEGE EDITION EXERCISES
15(1)
NOTES
15(2)
CHAPTER 2 Important Aspects of the American Criminal Justice System
17(17)
A. FEDERALISM IN THE UNITED STATES
18(3)
Federalism and the Law of Evidence
18(1)
State and Federal Jurisdiction over Crimes in the United States
19(1)
Law Enforcement in the American Federal System
19(2)
B. THE AMERICAN ADVERSARY SYSTEM
21(2)
C. THE ADVERSARY SYSTEM AND THE BATTLES OVER WHAT IS RELEVANT, RELIABLE, AND COMPETENT EVIDENCE
23(3)
Relevant Evidence
23(1)
Reliable Evidence
24(1)
Competent Evidence
24(2)
D. THE AMERICAN ACCUSATORIAL SYSTEM
26(1)
E. DISCLOSING INFORMATION IN THE ADVERSARY SYSTEM
26(5)
Notice of Alibi Statutes
27(1)
The Duty to Disclose Evidence Tending to Show the Innocence of the Accused (The Brady Rule)
27(1)
Lost, Misplaced, and Destroyed Evidence
28(2)
Use of False or Perjured Evidence
30(1)
SUMMARY
31(1)
PROBLEMS
31(1)
INFOTRAC COLLEGE EDITION EXERCISES
32(1)
NOTES
32(2)
CHAPTER 3 Using Evidence to Determine Guilt or innocence
34(19)
A. EVALUATION AND REVIEW OF EVIDENCE
35(1)
B. THE CRIMINAL COURT PROCESS
36(1)
C. PLEAS A DEFENDANT MAY ENTER TO A CRIMINAL CHARGE
37(4)
The Not-Guilty Plea
38(1)
The Guilty Plea
39(1)
The Alford Guilty Plea
39(1)
The No Contest, or Nolo Contendere, Plea
40(1)
Conditional Guilty Plea
41(1)
The Insanity Plea
41(1)
D. PLEA BARGAINING OR SENTENCE BARGAINING
41(3)
E. AN OFFER TO PLEAD GUILTY CANNOT BE USED AS EVIDENCE IF THE OFFER IS LATER WITHDRAWN
44(2)
F. THE TRIAL
46(3)
SUMMARY
49(1)
PROBLEMS
49(1)
INFOTRAC COLLEGE EDITION EXERCISES
50(1)
NOTES
50(3)
CHAPTER 4 Direct and Circumstantial Evidence and the Use of inferences
53(30)
A. EVIDENCE AND PROOF
54(1)
What is Evidence?
54(1)
B. THE REASONABLE DOUBT STANDARD
54(2)
C. DIRECT EVIDENCE AND CIRCUMSTANTIAL EVIDENCE
56(9)
The Inference that People Intend the Natural and Probable Consequences of Their Deliberate Acts
57(3)
When Circumstantial Evidence Alone Is Used to Obtain a Criminal Conviction
60(1)
Mean-Opportunity-Motive as Circumstantial Evidence
60(1)
Fingerprints and Shoeprints as Circumstantial Evidence
61(2)
Inferences Drawn from Other Bad Acts or Other Convictions of Defendants
63(1)
Where No Inferences Should Be Drawn
64(1)
Where the Defendant Uses the Privilege Against Self-Incrimination
64(1)
Where Information Is Protected by the Rape Shield Law
64(1)
Courts Rule Both Ways on the Cessation of Signature Crimes After the Arrest of a Suspect
64(1)
Where a Suspect Seeks to Contact a Lawyer
65(1)
D. USING DIRECT AND CIRCUMSTANTIAL EVIDENCE
65(5)
Finding Illegal Drugs in a Motor Vehicle
65(1)
Proving the Crime of Possession of Illegal Drugs with Intent to Deliver
66(1)
Proving Physical and Sexual Abuse of Children
67(2)
Proving that the Defendant Was the Driver of a Motor Vehicle
69(1)
E. PROVING CORPUS DELICTI BY DIRECT OR CIRCUMSTANTIAL EVIDENCE
70(2)
F. THE SUFFICIENCY-OF-EVIDENCE REQUIREMENT TO JUSTIFY A VERDICT OR FINDING OF GUILT
72(1)
G. THE USE OF PRESUMPTIONS AND INFERENCES
73(3)
Presumptions
73(2)
Inferences
75(1)
SUMMARY
76(2)
INFOTRAC COLLEGE EDITION EXERCISES
78
PROBLEMS
76(2)
NOTES
78(5)
PART II Witnesses and Their Testimony
CHAPTER 5 Witnesses and the Testimony of Witnesses
83(24)
A. QUALIFICATIONS NECESSARY TO BE A WITNESS
84(3)
The General Presumptions that Adults Are Competent to Be Witnesses
84(1)
Children as Witnesses
85(2)
Voir Dire
87(1)
B. CREDIBILITY OF WITNESSES
87(2)
Methods Used to Keep Witnesses Honest
87(1)
Credibility and the Weight of Evidence
87(2)
Demeanor as Evidence in Judging Witnesses
89(1)
C. CONSTITUTIONAL RIGHTS OF DEFENDANTS REGARDING WITNESSES
89(2)
The Right to Compel the Attendance of Witnesses
89(1)
The Right to Confront and Cross-Examine Witnesses
89(1)
The Defendant's Right to Testify in His or Her Defense
90(1)
D. TYPES OF WITNESSES AND OPINION EVIDENCE
91(2)
Ordinary Witnesses and Expert Witnesses
91(1)
Opinion Evidence by Ordinary Witnesses
92(1)
E. DIRECT EXAMINATION OF WITNESSES
93(4)
Cross-Examination of Witnesses
94(2)
Objections to Questions
96(1)
F. THE REQUIREMENTS OF RELEVANCY, MATERIALITY, AND COMPETENCY
97(1)
G. REDIRECT EXAMINATION AND RECROSS-EXAMINATION
98(1)
H. THE ROLE OF THE TRIAL JUDGE
99(1)
I. CAN A PERSON WHO HAS BEEN HYPNOTIZED TESTIFY AS A WITNESS?
100(2)
SUMMARY
102(1)
PROBLEMS
102(1)
INFOTRAC COLLEGE EDITION EXERCISES
102(1)
NOTES
103(4)
CHAPTER 6 Judicial Notice and Privileges of Witnesses
107(23)
A. JUDICIAL NOTICE IN GENERAL
108(2)
Judicial Notice of Matters of General Knowledge
108(1)
Judicial Notice of Facts Obtained from Sources Such as Records, Books, and Newspapers
109(1)
Scientific and Technological Facts Recognized by Judicial Notice
110(1)
B. THE PRIVILEGE AGAINST SELF-INCRIMINATION
110(2)
Areas Where the Fifth Amendment Privilege Against Self Incrimination Does Not Apply
111(1)
Recent Examples Where the Fifth Amendment Privilege Against Self Incrimination Does Apply
112(1)
C. THE ATTORNEY-CLIENT PRIVILEGE
112(2)
Requirements of the Attorney-Client Privilege
113(1)
Limits of the Attorney-Client Privilege
113(1)
D. THE HUSBAND-WIFE PRIVILEGE
114(2)
Partnership-in-Crime Exception to the Husband-Wife Privilege
115(1)
When One Spouse Commits Crimes Against the Other Spouse or Children
115(1)
E. THE PHYSICIAN-PATIENT PRIVILEGE
116(1)
The Requirement of the Physician-Patient Privilege
117(1)
F THE PSYCHOTHERAPIST-PATIENT PRIVLEGE
117(1)
The "Dangerous Patient"Exception to the Psychotherapist-Patient Privilege
118(1)
G. THE SEXUAL ASSAULT COUNSELOR'S PRIVILEGE AND PRIVILEGES COVERING OTHER COUNSELORS
118(1)
H. THE CLERGY-PENITENT PRIVILEGE
119(1)
I. DO NEWS REPORTERS HAVE A PRIVILEGE IN YOUR STATE?
119(1)
The Privilege Not to Reveal the Source of Information
119(1)
J. IS THERE A PARENT-CHILD PRIVILEGE?
120(1)
K. THE GOVERNMENT'S PRIVILEGE NOT TO REVEAL GOVERNMENT SECRETS
121(3)
The Privilege Concerning the Identity of Informants
121(1)
The Limits to the Informant's Privilege
121(1)
The Privilege Not to Disclose Military or Diplomatic Secrets Vital to National Security
122(1)
The President's Privilege of Confidentiality
123(1)
The Secrecy of Grand Jury Proceedings as a Privilege
123(1)
SUMMARY
124(1)
PROBLEMS
124(1)
INFOTRAC COLLEGE EDITION EXERCISES
125(1)
NOTES
126(4)
CHAPTER 7 The Use of Hearsay in the Courtroom
130(9)
A. WITNESSES AND THE HEARSAY RULE
131(1)
B. THE HISTORY OF THE HEARSAY RULE
131(2)
The 1603 Trial of Sir Walter Raleigh
132(1)
Hearsay Rules and the Use of Independent Juries in the American Colonies/States
132(1)
C. WHAT IS HEARSAY?
133(2)
What Is an Assertive Statement?
133(1)
Nonverbal Communications Can Be Assertive
133(1)
Conduct that Is Not Meant to Communicate
133(1)
The Hearsay Rule Forbids Only Statements Offered to Prove the Truth of that Statement
134(1)
D. WHAT IS NOT HEARSAY? FEDERAL RULES OF EVIDENCE 801(D) (1), (2), AND (2E)
135(1)
Prior Statement by a Witness
135(1)
Admission by Party-Opponent
135(1)
The Co-Conspirator Rule
136(1)
SUMMARY
136(1)
PROBLEMS
136(1)
INFOTRAC COLLEGE EDITION EXERCISES
137(1)
NOTES
138(1)
CHAPTER 8 Exceptions to the Hearsay Rule
139(18)
A. HEARSAY AND THE CONFRONTATION CLAUSE
140(3)
The "Indicia of Reliability" Requirement
140(3)
B. FIRMLY ROOTED EXCEPTIONS TO THE HEARSAY RULE
143(5)
Excited Utterance Exception
144(1)
Reason for the Exception
144(1)
Then Existing Mental, Emotional, or Physical Condition Exception
144(1)
Reason for the Exception
144(1)
Statements for the Purposes of Medical Diagnosis or Treatment Exception
145(1)
Use of the Exception in Criminal Trials
145(1)
Regularly Kept Records Exception
146(1)
Reason for the Exception
146(1)
Dying Declaration Exception
146(1)
Reason for the Exception
146(1)
Statement Against-Penal-Interest Exception
147(1)
Reason for the Exception
147(1)
C. THE FRESH COMPLAINT AND THE OUTCRY RULE
148(1)
D. MODERN HEARSAY EXCEPTIONS IN CHILD SEXUAL ABUSE CASES
149(1)
Have Innocent People Been Charged or Convicted in Child Sexual Abuse Cases?
150(1)
SUMMARY
150(1)
PROBLEMS
151(1)
INFOTRAC COLLEGE EDITION EXERCISES
151(1)
NOTES
152(5)
PART III When Evidence Cannot Be Used Because of Police Mistakes or Misconduct
CHAPTER 9 The Exclusionary Rule
157(11)
A. THE EXCLUSIONARY RULE (OR THE RULE OF THE EXCLUSION OF EVIDENCE)
158(1)
B. THE "FRUIT OF THE POISONOUS TREE" DOCTRINE (OR THE DERIVATIVE EVIDENCE RULE)
159(1)
C. EXCEPTIONS TO THE "FRUIT OF THE POISONOUS TREE" DOCTRINE
160(4)
The Independent Source Doctrine
161(1)
The Inevitable Discovery Rule
161(1)
The Attenuation, or Passage of Time, Rule
162(1)
Additional Recent "Fruit of the Poisonous Tree" Cases
163(1)
D. MANY STATES NOW HAVE TWO SETS OF EXCLUSIONARY RULES
164(1)
SUMMARY
164(1)
PROBLEMS
165(1)
INFOTRAC COLLEGE EDITION EXERCISES
166(1)
NOTES
166(2)
CHAPTER 10 Where the Exclusionary Rule Does Not Apply
168(20)
A. THE EXCLUSIONARY RULE DOES NOT APPLY TO EVIDENCE OBTAINED IN A PRIVATE SEARCH BY A PRIVATE PERSON
169(1)
B. THE EXCLUSIONARY RULE APPLIES ONLY IN CRIMINAL CASES
170(1)
C. THE EXCLUSIONARY RULE DOES NOT APPLY IF A DEFENDANT DOES NOT HAVE STANDING OR IF NO RIGHT OF PRIVACY OF THE DEFENDANT HAS BEEN VIOLATED
171(2)
D. EVIDENCE OBTAINED FROM ABANDONED PROPERTY WILL NOT BE SUPPRESSED
173(4)
Throwaway as a Type of Abandonment
174(1)
Denial of Ownership as a Form of Abandonment
175(1)
Evidence Obtained from Garbage or Trash
175(1)
Abandoned Motor Vehicles
176(1)
Expiration of Rental Agreements for Motels and Lockers as a Form of Abandonment
176(1)
E. EVIDENCE DISCOVERED IN OPEN FIELDS WILL NOT BE SUPPRESSED
177(3)
F. EVIDENCE DISCOVERED IN GOOD FAITH OR HONEST MISTAKE WILL NOT BE SUPPRESSED
180(1)
The Good Faith Exception
180(1)
The Honest Mistake Rule
180(1)
G. OTHER AREAS WHERE THE EXCLUSIONARY RULE DOES NOT APPLY
181(3)
SUMMARY
184(1)
PROBLEMS
184(1)
INFOTRAC COLLEGE EDITION EXERCISES
185(1)
NOTES
185(3)
CHAPTER 11 Evidence is Admissible If Obtained During an Administrative Function Under the "Special Needs" of Government
188(14)
A. SECURITY SCREENING AT AIRPORTS, COURTHOUSES, AND OTHER PUBLIC BUILDINGS AND PLACES
189(1)
B. FIRE, HEALTH, AND HOUSING INSPECTIONS
189(1)
C. SCHOOL SEARCHES ON REASONABLE SUSPICION
190(1)
D. DRUG TESTING WITHOUT PROBABLE CAUSE OR A SEARCH WARRANT
191(3)
Of Law Officers and Other Persons in Critical Occupations
191(1)
Drug Testing on Reasonable Suspicion
191(1)
School Boards May Require Random Drug Testing of Student Athletes
192(1)
School Boards May Require Random Drug Testing of Students Participating in Extracurricular Activities
193(1)
E. SEARCHES WITHOUT PROBABLE CAUSE OR SEARCH WARRANTS OF "CLOSELY REGULATED BUSINESSES"
194(1)
F. WORK-RELATED SEARCHES IN GOVERNMENT OFFICES (THE ORTEGA RULE)
195(1)
G. ROADBLOCKS OR VEHICLE CHECKPOINT STOPS
195(1)
H. CORRECTIONAL PROGRAMS, HEARINGS, OR REQUIREMENTS THAT MAY CAUSE A PRISON INMATE TO INCRIMINATE HIMSELF
196(2)
I. OTHER "SPECIAL GOVERNMENT NEEDS" WHERE NEITHER PROBABLE CAUSE NOR SEARCH WARRANTS ARE NEEDED
198(1)
SUMMARY
199(1)
PROBLEMS
200(1)
INFOTRAC COLLEGE EDITION EXERCISES
200(1)
NOTES
201(1)
CHAPTER 12 Obtaining Statements and Confessions for Use as Evidence
202(28)
A. CAN A CONFESSION ALONE SUSTAIN A CRIMINAL CONVICTION?
203(1)
The Corpus Delicti Rule
203(1)
B. THE REQUIREMENT THAT CONFESSIONS AND INCRIMINATING STATEMENTS BE VOLUNTARY
204(3)
Using Violence to Obtain Confessions
204(1)
The Totality-of the-Circumstances Test Used to Determine Whether Confession or Statement Is Voluntary
205(2)
C. THE MIRANDA REQUIREMENTS
207(9)
When Miranda Warnings Are Not Required
207(5)
The Public Safety Exception and the Rescue Doctrine as Exceptions to Miranda Requirements
212(1)
The Public Safety Exception
212(1)
Other Cases Concerning Public Safety
213(1)
The California Rescue Doctrine
214(2)
D. THE MASSIAH LIMITATION
216(2)
E. THE BRUTON RULE
218(1)
F. QUESTIONING PEOPLE IN JAIL OR PRISON
219(2)
G. POLYGRAPH TEST RESULTS AS EVIDENCE
221(3)
The Controversy over Polygraph Testing
223(1)
Polygraph Testing in the American Criminal Justice System
223(1)
H. VOICE SPECTROGRAPHY EVIDENCE
224(1)
SUMMARY
225(1)
PROBLEMS
225(2)
INFOTRAC COLLEGE EDITION EXERCISES
227(1)
NOTES
228(2)
CHAPTER 13 The Law Governing identification Evidence
230(19)
A. EVIDENCE NEEDED TO CONVICT OF A CRIME
231(1)
B. THE PROBLEM OF MISTAKEN EYEWITNESS IDENTIFICATION
232(1)
C. USING SHOWUPS TO OBTAIN IDENTIFICATION EVIDENCE
233(2)
The Importance of Obtaining Prior Descriptions of Offenders
234(1)
D. DETERMINING THE RELIABILITY OF IDENTIFICATION EVIDENCE
235(2)
Guidelines Used to Determine the Reliability and Accuracy of Eyewitness Identification
236(1)
E. USING LINEUPS TO OBTAIN IDENTIFICATION EVIDENCE
237(1)
Judges' Rules for Lineups
237(1)
F. USING PHOTOGRAPHS TO OBTAIN IDENTIFICATION EVIDENCE
238(1)
Using a Single Photograph for Identification
239(1)
G. OBTAINING IDENTIFICATION EVIDENCE BY OTHER MEANS
239(2)
H. COURTROOM IDENTIFICATION OF A DEFENDANT
241(3)
SUMMARY
244(1)
PROBLEMS
244(1)
INFOTRAC COLLEGE EDITION EXERCISES
245(1)
NOTES
246(3)
CHAPTER 14 Obtaining Physical and Other Evidence
249(28)
A. OBTAINING PHYSICAL EVIDENCE FROM THE PERSON OF A SUSPECT
250(8)
Obtaining Evidence and Information by Means of Voluntary Conversations
250(1)
Authority Needed to Make an Investigative Detention (Terry Stop)
251(1)
Searches that Can Be Justified During an Investigative Detention
252(1)
Obtaining Physical Evidence During and After an Arrest
253(1)
Evidence Obtained in Searches Following an Arrest
253(3)
Evidence Obtained During Inventory Searches
256(2)
B. OBTAINING EVIDENCE BY POLICE ENTRY INTO PRIVATE PREMISES
258(3)
Authority Needed by Police Officers to Enter Private Premises
259(1)
Arrest Warrants
259(1)
Search Warrants and Arrest Warrants
259(1)
Exceptions to the Warrant Requirement to Enter Private Premises
260(1)
C. OBTAINING EVIDENCE IN TRAFFIC STOPS AND VEHICLE SEARCHES
261(7)
May a Police Officer Stop a Motor Vehicle for No Reason?
261(2)
Obtaining Evidence During Routine Traffic Stops
263(1)
Obtaining Evidence in Searches of Vehicles, Drivers, and Passengers
264(1)
Permissible Searches Under the Automobile Exception
265(3)
SUMMARY
268(2)
PROBLEMS
270(2)
INFOTRAC COLLEGE EDITION EXERCISES
272(1)
NOTES
272(5)
CHAPTER 15 Obtaining Evidence by Use of Search Warrants, Wiretapping, or Dogs Trained to indicate an Alert
277(24)
A. SEARCH WARRANTS
278(2)
Types of Search Warrants
278(1)
Nighttime Search Warrants
278(1)
No-Knock or Unannounced Entries
278(1)
Anticipatory Search Warrants
278(1)
Sneak-and-Peak Entry Warrants
279(1)
Searches of Computers and Other Documentary Sources
280(1)
B. WIRETAPPING AND ELECTRONIC SURVEILLANCE
280(12)
Thermal-Imaging Devices
280(1)
Techniques of Lawful Electronic Surveillance
281(1)
Tactics Used by Suspects to Avoid Electronic Surveillance
282(1)
Situations Where Court Orders Are Not Required
282(1)
Overheard Conversations ("Plain Hearing")
282(1)
Undercover Officers May Testify About What Was Said in Their Presence
283(1)
Use of Pocket Tape Recorders and the Crime of Bribery
284(1)
Do Suspects Have a Right of Privacy in Conversations Held in Police Vehicles, Jails, or Other Police Buildings?
284(2)
When One Party to a Telephone Conversation Consents to the Police Listening and/or Recording the Conversation
286(1)
Obtaining Evidence by Use of the Confrontational Telephone Call
287(1)
Using Body Wires or Radio Transmitters
288(1)
May One Family Member Wiretap and Record Telephone Calls of Another Family Member?
289(3)
C. OBTAINING EVIDENCE BY USE OF DOGS TRAINED TO INDICATE AN ALERT
292(1)
Drug and Bomb Detection Dogs
292(1)
SUMMARY
293(1)
INFOTRAC COLLEGE EDITION EXERCISES
294(1)
PROBLEMS
294(1)
NOTES
295(6)
PART IV Crime-Scene, Documentary, and Scientific Evidence
CHAPTER 16 The Crime Scene, the Chain of Custody Requirement, and the Use of Fingerprints and Trace Evidence
301(23)
A. OBTAINING EVIDENCE FROM A CRIME SCENE
302(7)
What Can Police Search for in Premises Where a Serious Crime Has Recently Occurred?
303(1)
Obtaining Evidence After a "Hot-Pursuit" Entry into Private Premises
303(2)
Obtaining Evidence in Now-or-Never Exigency Situations
305(1)
Obtaining Evidence in Emergency Aid Situations
306(1)
Defendants Must Have Standing to Challenge the Use of Evidence Obtained from Crime Scenes
306(1)
Protecting and Searching a Crime Scene
307(1)
Crime Scenes Are No Place for a Crowd
307(2)
B. THE CHAIN OF CUSTODY REQUIREMENT
309(2)
Failing to Show a Sufficient Chain of Custody
310(1)
Situations Not Requiring a Chain of Custody
311(1)
C. FINGERPRINTS AS EVIDENCE
311(4)
Obtaining Fingerprints
312(1)
Proving that Fingerprints Were Impressed at the Time of the Crime
313(1)
Automated Fingerprint Identification Systems
314(1)
Fingerprints and the Daubert Test
314(1)
D. TRACE EVIDENCE: THE SMALLEST THINGS CAN MAKE THE BIGGEST DIFFERENCE
315(1)
The Example of the Missing 5-Year-Old in Virginia
316(1)
E. OTHER TYPES OF EVIDENCE
316(2)
Palm Prints and Lip Prints as Evidence
316(1)
Footprints and Shoe Prints as Evidence
316(1)
Bite Marks as Evidence
317(1)
Tire Tracks as Evidence
317(1)
SUMMARY
318(1)
PROBLEMS
318(2)
INFOTRAC COLLEGE EDITION EXERCISES
320(1)
NOTES
320(4)
CHAPTER 17 Videotapes, Photographs, Documents, and Writings as Evidence
324(18)
A. PHOTOS AND VIDEOTAPES AS EVIDENCE
325(4)
When Is a Warrant Needed to Install and Conduct Videotape Surveillance?
326(1)
Where Videotaping Can Be Done Without a Warrant
327(2)
B. USING PHOTOGRAPHS AS EVIDENCE
329(3)
Introducing Photographs and Videotapes into Evidence
330(1)
Gruesome Photographs and Videotapes
330(1)
X-Ray Films as Evidence
331(1)
C. USING DOCUMENTS AND WRITINGS AS EVIDENCE
332(7)
Using Direct Evidence to Prove that Documents Are Authentic and Genuine
332(1)
Using Circumstantial Evidence to Prove that Documents Are Authentic and Genuine
333(1)
Regularly Kept Records
334(1)
The Best Evidence, or Original Document, Rule
334(2)
The Fourth Amendment Protection of Writings, Records, and Documents
336(3)
SUMMARY
339(1)
PROBLEMS
339(1)
INFOTRAC COLLEGE EDITION EXERCISES
340(1)
NOTES
340(2)
CHAPTER 18 Scientific Evidence
342(18)
A. THE IMPORTANCE OF SCIENTIFIC EVIDENCE
343(1)
The Use of Scientific Evidence
343(1)
B. THE ADMISSIBILITY OF SCIENTIFIC EVIDENCE
344(3)
What Is Scientific Evidence?
344(1)
The Frye Test
345(1)
The Frye Plus Test
345(1)
The Daubert Test
346(1)
The Use of Judicial Notice for Accepted Scientific Techniques
347(1)
C. A FEW OF THE SCIENCES AND SCIENTIFIC TECHNIQUES USED IN THE CRIMINAL JUSTICE SYSTEM
347(9)
DNA Genetic Profiling
348(4)
Forensic Entomology
352(1)
Ballistic Fingerprinting or Firearm Fingerprinting
352(1)
Sources of Other Scientific Evidence
353(3)
SUMMARY
356(1)
PROBLEMS
356(1)
INFOTRAC COLLEGE EDITION EXERCISES
357(1)
NOTES
357(3)
APPENDIX A: Sections of the U.S. Constitution 360(2)
APPENDIX B: Federal Rules of Evidence 362(16)
Glossary 378(6)
Table of Cases 384(3)
Index 387

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