Criminal Evidence (13th Edition)

Description

Criminal Evidence is a 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 contextualize how these rules are currently practiced. This text offers readers a practical 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 table of cases cited, and online case study questions and glossary.

Table of Contents

1. Preface x
2. Acknowledgments x
3. PART I
4. History and Approach to Study
5. Chapter 1: History and Development of Rules of Evidence
   1. Introduction
   2. Early Attempts to Determine Guilt or Innocence
   3. Modern Legal Systems—Romanesque System—Anglican System
   4. Development of the Rules of Evidence in the United States
   5. Application of the Rules of Evidence in State and Federal Courts
   6. Future Development of the Rules of Evidence
   7. Summary
6. Chapter 2: Approach to the Study of Criminal Evidence
   1. Introduction
   2. Definitions
   3. Reasons for the Rules of Evidence
   4. Reasons for Excluding Evidence
   5. Rules of Evidence in Criminal Cases Compared to Rules of Evidence in Civil Cases
   6. Pretrial Flow of Evidence
   7. Use of Evidence at the Trial
   8. Consideration of Evidence on Appeal
   9. Use of Evidence at the Probation Hearing
   10. Use of Evidence When Considering Parole
   11. Summary
   12. Proof by Evidence and Substitutes
7. Chapter 3: Burden of Proof
   1. Introduction
   2. Definitions and Distinctions
   3. Preponderance of the Evidence
   4. Clear and Convincing Evidence
   5. Beyond a Reasonable Doubt
   6. Burden on the Prosecution
   7. Burden to Prove All Elements of the Crime
   8. Burden on the Accused
   9. Burden of Proving Affirmative Defenses—General
   10. —Alibi
   11. —Insanity
   12. —Self-Defense
   13. Sufficiency of Evidence
   14. Summary
8. Chapter 4: Proof via Evidence
   1. Introduction
   2. Pretrial Motions Pertaining to Evidence
   3. General Approach to Admissibility
   4. Order of Presenting Evidence at the Trial
   5. Procedure for Offering and Challenging Evidence
   6. Role of the Trial Judge in Evidence Matters
   7. Function of the Jury
   8. Role of Witnesses
   9. Prosecuting Attorney’s Responsibilities
   10. Defense Attorney’s Responsibilities
   11. Admissibility and Weight of Direct and Circumstantial Evidence
   12. Summary
9. Chapter 5: Judicial Notice
   1. Introduction
   2. Judicial Notice Defined
   3. Judicial Notice of Facts
   4. —Matters of General Knowledge
   5. —History and Historical Facts
   6. —Geography and Geographical Facts
   7. —Facts Relating to Nature and Science
   8. —Language, Abbreviations, and Symbols
   9. Judicial Notice of Laws
   10. —Law of the Forum
   11. —Federal Law
   12. —Law of Sister States
   13. —Law of Foreign Countries
   14. —Municipal Ordinances
   15. —Administrative Regulations
   16. —Jurisdiction of Courts
   17. Judicial Notice Process
   18. Judicial Notice in Criminal Cases
   19. Summary
10. Chapter 6: Presumptions, Inferences, and Stipulations
    1. Introduction
    2. Definitions and Distinctions
    3. Reasons for Presumptions and Inferences
    4. Presumptions of Law
    5. Presumptions of Fact
    6. Classes of Presumptions
    7. Specific Presumption Situations
    8. —Innocence
    9. —Sanity
    10. —Suicide
    11. —Possession of Fruits of Crime
    12. —That a Person Intends the Ordinary Consequences of His or Her Voluntary Acts
    13. —Knowledge of the Law
    14. —Flight or Concealment
    15. —Unexplained Absence as Death
    16. —Regularity of Official Acts
    17. Constitutionality Tests for Presumptions and Inferences
    18. Stipulations
    19. —Polygraph Tests
    20. Summary
    21. General Admissibility Tests
11. Chapter 7: Relevancy and Materiality
    1. Introduction
    2. Relevancy Defined
    3. Admissibility of Relevant Evidence
    4. Reasons for Exclusion of Relevant and Material Evidence
    5. Relevancy of Particular Matters
    6. —Identity of Persons
    7. —Identity of Things
    8. —Circumstances Preceding the Crime
    9. —Subsequent Incriminating or Exculpatory Circumstances
    10. —Defenses
    11. —Character Evidence
    12. —Proof of Other Crimes, Wrongs, or Acts
    13. —Experimental and Scientific Evidence
    14. —Relevancy of Cybercrime Evidence
    15. Summary
12. Chapter 8: Competency of Evidence and Witnesses
    1. Introduction
    2. Definitions
    3. General Categories of Incompetent Evidence
    4. Competency of Evidence—Documentary Evidence
    5. —Tests and Experiments
    6. —Conduct of Trained Dogs
    7. —Telephone Conversations
    8. Negative Evidence as Competent Evidence
    9. Evidence Competent for Some Purposes but Not for Others
    10. Competency of Witnesses
    11. —Mental Incapacity
    12. —Children
    13. —Husband and Wife
    14. —Conviction of Crime
    15. —Religious Belief
    16. Competency of the Judge as a Witness
    17. Competency of Juror as Witness
    18. Summary
    19. Evidence via Witness Testimony
13. Chapter 9: Examination of Witnesses
    1. Introduction
    2. Essential Qualities of a Witness
    3. Oath or Affirmation Requirement
    4. Judicial Control of Testimony
    5. Separation of Witnesses
    6. Direct Examination of Witnesses
    7. —Leading Questions
    8. —Refreshing Memory—Present Memory Revived
    9. —Past Recollection Recorded
    10. Cross-Examination of Witnesses
    11. Redirect and Recross-Examination
    12. Impeachment of Witnesses
    13. —Own Witness
    14. —Bias or Prejudice
    15. —Character and Conduct
    16. —Conviction of Crime
    17. —Prior Inconsistent Statements
    18. —Defects of Recollection or Perception
    19. —Use of Confession for Impeachment Purposes
    20. Rehabilitation of Witness
    21. Summary
14. Chapter 10: Privileges
    1. Introduction
    2. Reasons for Privileged Communications
    3. Communications Between Spouses
    4. Communications Between Attorney and Client
    5. Communications Between Physician and Patient
    6. Communications to Clergy
    7. Confidential Informant Privilege
    8. State Secrets and Other Official Information
    9. News Media—Informant Privilege
    10. Summary
15. Chapter 11: Opinions and Expert Testimony
    1. Introduction
    2. Definitions and Distinctions
    3. Admissibility of Nonexpert Opinions
    4. Subjects of Nonexpert Opinions
    5. Opinions of Experts
    6. Qualifications of an Expert
    7. Selection of Expert Witness
    8. Examination of Expert Witness
    9. Cross-Examination of Expert Witness
    10. Subjects of Expert Testimony
    11. Experts from Crime Laboratories
    12. Summary
16. Chapter 12: Hearsay Rule and Exceptions
    1. Introduction
    2. Definitions and Statement of the Hearsay Rule
    3. History and Development of the Hearsay Rule
    4. Exceptions to the Hearsay Rule—General
    5. —Spontaneous and Excited Utterances
    6. —Business and Public Records
    7. —Family History and Records (Pedigree)
    8. —Former Testimony
    9. —Dying Declarations
    10. —Declarations Against Interest
    11. —Other Exceptions—Residual Exceptions
    12. Nontestimonial Utterances
    13. Summary
17. Chapter 13: Documentary Evidence
    1. Introduction
    2. Authentication
    3. Self-Authentication
    4. Methods of Authentication
    5. Specific Examples of Documentary Evidence
    6. Best Evidence Rule
    7. Secondary Evidence
    8. Summaries
    9. Learned Treatises
    10. Summary
18. Chapter 14: Real Evidence
    1. Introduction
    2. Admissibility Requirements
    3. Exhibition of Person
    4. Articles Connected with the Crime
    5. View of the Scene
    6. Photographs
    7. Motion Pictures, Videotapes, and Digital Video Recordings
    8. X-rays, CAT Scans, and MRI Images
    9. Sound Recordings, Phone Voice Messages, and Texts
    10. Diagrams, Maps, and Models
    11.  Courtroom Demonstrations and Experiments
    12. Preservation and Disclosure of Evidence Favorable to the Defense
    13. Summary
19. Chapter 15: Results of Examinations and Tests
    1. Introduction
    2. Examination of the Person
    3. Intoxication Tests
    4. Blood Grouping Tests and Blood Comparisons
    5. Polygraph Examinations
    6. “Truth Serum” Results
    7. Fingerprint Comparisons
    8. Ballistics Experiments
    9. Speed Detection Readings
    10. Neutron Activation Analysis
    11. Deoxyribonucleic Acid (DNA) Tests
    12. Other Examinations and Tests
    13. Summary
    14. Exclusion of Evidence on Constitutional Grounds
20. Chapter 16: Evidence Unconstitutionally Obtained
    1. Introduction
    2. Development of the Exclusionary Rule
    3. Search and Seizure Exclusions
    4. Exclusion of Evidence Obtained by Illegal Wiretapping or Eavesdropping
    5. Exclusion of Confessions Obtained in Violation of Constitutional Provisions
    6. Self-incrimination and Related Protections
    7. Due Process Exclusions
    8. Right to Counsel as It Relates to the Exclusion of Evidence
    9. Summary
21. PART II
    1. Judicial Decisions Relating to Part I
    2. Table of Cases in Part II
    3. Cases Relating to Chapter 1
    4. Cases Relating to Chapter 2
    5. Cases Relating to Chapter 3
    6. Cases Relating to Chapter 4
    7. Cases Relating to Chapter 5
    8. Cases Relating to Chapter 6
    9. Cases Relating to Chapter 7
    10. Cases Relating to Chapter 8
    11. Cases Relating to Chapter 9
    12. Cases Relating to Chapter 10
    13. Cases Relating to Chapter 11
    14. Cases Relating to Chapter 12
    15. Cases Relating to Chapter 13
    16. Cases Relating to Chapter 14
    17. Cases Relating to Chapter 15
    18. Cases Relating to Chapter 16
22. Appendix I: Federal Rules of Evidence—2013
23. Appendix II: Table of Contents, Uniform Rules of Evidence with 2005 Amendments
24. Index of Cases
25. Subject Index

Reviews

“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

Author Description

Jefferson L. Ingram holds the rank of Professor 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.