Criminal Evidence (13^th Ed.)

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. Teacher resources include an instructor?s guide, test bank, and PowerPoint slides.

Table of Contents

Preface x

Acknowledgements x

Section

1.1 Introduction

1.2 Early Attempts to Determine Guilt or Innocence

1.3 Modern Legal Systems—Romanesque System

1.4 —Anglican System

1.5 Development of the Rules of Evidence in the United States

1.6 Application of the Rules of Evidence in State and Federal Courts

1.7 Future Development of the Rules of Evidence

1.8 Summary

Section

2.1 Introduction

2.2 Definitions

2.3 Reasons for the Rules of Evidence

2.4 Reasons for Excluding Evidence

2.5 Rules of Evidence in Criminal Cases Compared to Rules of Evidence in Civil Cases

2.6 Pretrial Flow of Evidence

2.7 Use of Evidence at the Trial

2.8 Consideration of Evidence on Appeal

2.9 Use of Evidence at the Probation Hearing

2.10 Use of Evidence When Considering Parole

2.11 Summary

Section

3.1 Introduction

3.2 Definitions and Distinctions

3.3 Preponderance of the Evidence

3.4 Clear and Convincing Evidence

3.5 Beyond a Reasonable Doubt

3.6 Burden on the Prosecution

3.7 Burden to Prove All Elements of the Crime

3.8 Burden on the Accused

3.9 Burden of Proving Affirmative Defenses—General

3.10 —Alibi

3.11 —Insanity

3.12 —Self-Defense

3.13 Sufficiency of Evidence

3.14 Summary

Section

4.1 Introduction

4.2 Pretrial Motions Pertaining to Evidence

4.3 General Approach to Admissibility

4.4 Order of Presenting Evidence at the Trial

4.5 Procedure for Offering and Challenging Evidence

4.6 Role of the Trial Judge in Evidence Matters

4.7 Function of the Jury

4.8 Role of Witnesses

4.9 Prosecuting Attorney’s Responsibilities

4.10 Defense Attorney’s Responsibilities

4.11 Admissibility and Weight of Direct and Circumstantial Evidence

4.12 Summary

Section

5.1 Introduction

5.2 Judicial Notice Defined

5.3 Judicial Notice of Facts

5.4 —Matters of General Knowledge

5.5 —History and Historical Facts

5.6 —Geography and Geographical Facts

5.7 —Facts Relating to Nature and Science

5.8 —Language, Abbreviations, and Symbols

5.9 Judicial Notice of Laws

5.10 —Law of the Forum

5.11 —Federal Law

5.12 —Law of Sister States

5.13 —Law of Foreign Countries

5.14 —Municipal Ordinances

5.15 —Administrative Regulations

5.16 —Jurisdiction of Courts

5.17 Judicial Notice Process

5.18 Judicial Notice in Criminal Cases

5.19 Summary

Section

6.1 Introduction

6.2 Definitions and Distinctions

6.3 Reasons for Presumptions and Inferences

6.4 Presumptions of Law

6.5 Presumptions of Fact

6.6 Classes of Presumptions

6.7 Specific Presumption Situations

6.8 —Innocence

6.9 —Sanity

6.10 —Suicide

6.11 —Possession of Fruits of Crime

6.12 —That a Person Intends the Ordinary Consequences of His or
Her Voluntary Acts

6.13 —Knowledge of the Law

6.14 —Flight or Concealment

6.15 —Unexplained Absence as Death

6.16 —Regularity of Official Acts

6.17 Constitutionality Tests for Presumptions and Inferences

6.18 Stipulations

6.19 —Polygraph Tests

6.20 Summary

Section

7.1 Introduction

7.2 Relevancy Defined

7.3 Admissibility of Relevant Evidence

7.4 Reasons for Exclusion of Relevant and Material Evidence

7.5 Relevancy of Particular Matters

7.6 —Identity of Persons

7.7 —Identity of Things

7.8 —Circumstances Preceding the Crime

7.9 —Subsequent Incriminating or Exculpatory Circumstances

7.10 —Defenses

7.11 —Character Evidence

7.12 —Proof of Other Crimes, Wrongs, or Acts

7.13 —Experimental and Scientific Evidence

7.14 —Relevancy of Cybercrime Evidence

7.15 Summary

Section

8.1 Introduction

8.2 Definitions

8.3 General Categories of Incompetent Evidence

8.4 Competency of Evidence—Documentary Evidence

8.5 —Tests and Experiments

8.6 —Conduct of Trained Dogs

8.7 —Telephone Conversations

8.8 Negative Evidence as Competent Evidence

8.9 Evidence Competent for Some Purposes but Not for Others

8.10 Competency of Witnesses

8.11 —Mental Incapacity

8.12 —Children

8.13 —Husband and Wife

8.14 —Conviction of Crime

8.15 —Religious Belief

8.16 Competency of the Judge as a Witness

8.17 Competency of Juror as Witness

8.18 Summary

Section

9.1 Introduction

9.2 Essential Qualities of a Witness

9.3 Oath or Affirmation Requirement

9.4 Judicial Control of Testimony

9.5 Separation of Witnesses

9.6 Direct Examination of Witnesses

9.7 —Leading Questions

9.8 —Refreshing Memory—Present Memory Revived

9.9 —Past Recollection Recorded

9.10 Cross-Examination of Witnesses

9.11 Redirect and Recross-Examination

9.12 Impeachment of Witnesses

9.13 —Own Witness

9.14 —Bias or Prejudice

9.15 —Character and Conduct

9.16 —Conviction of Crime

9.17 —Prior Inconsistent Statements

9.18 —Defects of Recollection or Perception

9.19 —Use of Confession for Impeachment Purposes

9.20 Rehabilitation of Witness

9.21 Summary

Section

10.1 Introduction

10.2 Reasons for Privileged Communications

10.3 Communications Between Spouses

10.4 Communications Between Attorney and Client

10.5 Communications Between Physician and Patient

10.6 Communications to Clergy

10.7 Confidential Informant Privilege

10.8 State Secrets and Other Official Information

10.9 News Media—Informant Privilege

10.10 Summary

Section

11.1 Introduction

11.2 Definitions and Distinctions

11.3 Admissibility of Nonexpert Opinions

11.4 Subjects of Nonexpert Opinions

11.5 Opinions of Experts

11.6 Qualifications of an Expert

11.7 Selection of Expert Witness

11.8 Examination of Expert Witness

11.9 Cross-Examination of Expert Witness

11.10 Subjects of Expert Testimony

11.11 Experts from Crime Laboratories

11.12 Summary

Section

12.1 Introduction

12.2 Definitions and Statement of the Hearsay Rule

12.3 History and Development of the Hearsay Rule

12.4 Exceptions to the Hearsay Rule—General

12.5 —Spontaneous and Excited Utterances

12.6 —Business and Public Records

12.7 —Family History and Records (Pedigree)

12.8 —Former Testimony

12.9 —Dying Declarations

12.10 —Declarations Against Interest

12.11 —Other Exceptions—Residual Exceptions

12.12 Nontestimonial Utterances

12.13 Summary

Section

13.1 Introduction

13.2 Authentication

13.3 Self-Authentication

13.4 Methods of Authentication

13.5 Specific Examples of Documentary Evidence

13.6 Best Evidence Rule

13.7 Secondary Evidence

13.8 Summaries

13.9 Learned Treatises

13.10 Summary

Section

14.1 Introduction

14.2 Admissibility Requirements

14.3 Exhibition of Person

14.4 Articles Connected with the Crime

14.5 View of the Scene

14.6 Photographs

14.7 Motion Pictures, Videotapes, and Digital Video Recordings

14.8 X-rays, CAT Scans, and MRI Images

14.9 Sound Recordings, Phone Voice Messages, and Texts

14.10 Diagrams, Maps, and Models

14.11 Courtroom Demonstrations and Experiments

14.12 Preservation and Disclosure of Evidence Favorable to the Defense

14.13 Summary

Section

15.1 Introduction

15.2 Examination of the Person

15.3 Intoxication Tests

15.4 Blood Grouping Tests and Blood Comparisons

15.5 Polygraph Examinations

15.6 "Truth Serum" Results

15.7 Fingerprint Comparisons

15.8 Ballistics Experiments

15.9 Speed Detection Readings

15.10 Neutron Activation Analysis

15.11 Deoxyribonucleic Acid (DNA) Tests

15.12 Other Examinations and Tests

15.13 Summary

Section

16.1 Introduction

16.2 Development of the Exclusionary Rule

16.3 Search and Seizure Exclusions

16.4 Exclusion of Evidence Obtained by Illegal Wiretapping or Eavesdropping

16.5 Exclusion of Confessions Obtained in Violation of Constitutional Provisions

16.6 Self-incrimination and Related Protections

16.7 Due Process Exclusions

16.8 Right to Counsel as It Relates to the Exclusion of Evidence

16.9 Summary

Table of Cases in Part II

Cases Relating to Chapter 1

Cases Relating to Chapter 2

Cases Relating to Chapter 3

Cases Relating to Chapter 4

Cases Relating to Chapter 5

Cases Relating to Chapter 6

Cases Relating to Chapter 7

Cases Relating to Chapter 8

Cases Relating to Chapter 9

Cases Relating to Chapter 10

Cases Relating to Chapter 11

Cases Relating to Chapter 12

Cases Relating to Chapter 13

Cases Relating to Chapter 14

Cases Relating to Chapter 15

Cases Relating to Chapter 16

Appendix I: Federal Rules of Evidence—2013

Appendix II: Table of Contents, Uniform Rules of Evidence with 2005 Amendments

Glossary

Index of Cases

Subject Index

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.