Criminal Evidence: An Introduction / Edition 3

by John L. Worrall, Craig Hemmens, Lisa S. Nored

Overview

Criminal Evidence: An Introduction, Third Edition, provides comprehensive and applied coverage of the rules of evidence, along with numerous case excerpts that clearly illustrate those rules. Using engaging, straightforward language, authors John L. Worrall, Craig Hemmens, and Lisa S. Nored offer an invaluable and innovative resource for both students and instructors.

Concentrating on the Federal Rules of Evidence, this distinctive text presents in-depth yet accessible coverage of evidentiary law in fourteen succinct chapters. To draw students into this complex subject, the authors explain criminal evidence through a unique blend of text and case excerpts; throughout, these excerpts illuminate the rules in useful, fascinating, and often unusual examples.

Product Details

ISBN-13:	9780190639280
Publisher:	Oxford University Press
Publication date:	01/11/2017
Edition description:	New Edition
Pages:	464
Product dimensions:	7.50(w) x 9.20(h) x 1.10(d)

About the Author

John L. Worrall is Professor of Criminology and Director of Justice Administration and Leadership at the University of Texas at Dallas. He has published articles and book chapters on a variety of topics ranging from legal issues in policing to crime measurement. He currently serves as editor of the journal Police Quarterly.

Craig Hemmens is Chair and Professor in the Department of Criminal Justice and Criminology at Washington State University. He has published more than twenty books and 200 articles and other writings on legal issues in criminal justice. He currently serves as editor of the journal Criminal Law Bulletin.

Lisa S. Nored is Professor and Director in The School of Criminal Justice at The University of Southern Mississippi. A former practicing attorney, her research areas include criminal law, public policy, and juvenile justice.

Table of Contents

, Preface, Acknowledgments, About the AuthorsSECTION I. PRELIMINARY MATTERS/SETTING THE STAGEChapter 1. The American Criminal Court SystemIntroductionRules of EvidenceThe Purpose of Evidence LawThe Development of Evidence LawSources of LawSources of Individual RightsThe ConstitutionThe Bill of RightsIncorporation of the Bill of RightsJudicial ReviewJurisdictionThe Federal CourtsDistrict CourtsCourts of AppealsThe Supreme CourtThe State CourtsCourt ActorsJudgesProsecutorsDefense AttorneysOverview of the Criminal ProcessPretrial ProceedingsPretrial MotionsJury SelectionThe TrialSentencingAppealsChapter 2. Some Important Underlying ConceptsIntroductionThe Development of LawPrecedent and Stare DecisisBurdens of Production and ProofThe Burden of ProductionThe Burden of ProofThe Reasonable Doubt StandardOther Standards for the Burden of ProofThe Exclusionary RuleHistory of the Exclusionary RuleExceptions to the Exclusionary RuleThe "Christian Burial" SpeechAffirmative DefensesJustification DefensesExcuse DefensesChapter 3. Forms of EvidenceIntroductionTypes of EvidenceDirect and Circumstantial EvidenceCircumstantial EvidenceJudicial NoticeWho Is Responsible for Judicial Notice? Varieties of Judicial NoticeJudicial Notice of Adjudicative FactsProcedure for Judicial NoticeMore Benefits of Judicial NoticeCriticisms of Judicial NoticePresumptions and InferencesDistinguishing Between Presumptions and InferencesConclusive Versus Rebuttable PresumptionsPresumptions of Law Versus Presumptions of FactThe Effect of PresumptionsThe Need for Presumptions and InferencesTypes of PresumptionsA Quick SummaryConstitutional Requirements for PresumptionsStipulationsSECTION II. OBTAINING EVIDENCE: ARREST AND SEARCH PROCEDURESChapter 4. Obtaining Evidence and the Fourth AmendmentThe Fourth Amendment: An IntroductionTwo ClausesFour Important Issues in Fourth Amendment JurisprudenceBasic TerminologyFramework for Analyzing the Fourth AmendmentWhen a Search OccursWhen a Seizure OccursThe Doctrine of JustificationChapter 5. Searches and Arrests with WarrantsThe Warrant RequirementSearch and Arrest Warrant ComponentsArrest WarrantsSearch WarrantsSpecial CircumstancesFourth Amendment SummaryChapter 6. Exceptions to the Warrant RequirementWarrantless Actions Based on Probable CauseWarrantless Actions Based on Reasonable SuspicionStop and FriskWarrantless Actions Based on Administrative JustificationWarrantless Actions Based on ConsentChapter 7. Self-Incrimination, Confessions, and Identification ProceduresThe Fifth Amendment and Self-IncriminationCompulsionIncriminationThe "Testimonial Evidence" RequirementThe Meaning of "Self" in Self-IncriminationConfessionsThe Various Approaches to Confession LawThe Role of the Exclusionary Rule in the Confession AnalysisIdentification ProceduresConstitutional Restrictions on Identification ProceduresThree Types of Identification ProceduresSection III. CRIMINAL EVIDENCEChapter 8. Witness Competency, Credibility, and ImpeachmentIntroductionCompetencyGrounds for Challenging Witness CompetencyThe Duty to Tell the TruthThe Ability to Observe and RememberDead Man's StatutesWhen Corroboration Is RequiredWitness CredibilityImpeachmentRehabilitationChapter 9. Examining WitnessesIntroductionSecuring the Attendance of WitnessesTypes of WitnessesExpert WitnessesLay WitnessesLay and Expert Witness Protection under the Fifth AmendmentThe Accused as a WitnessHow Witnesses are ExaminedOrder and Scope of QuestionsThe Form of QuestionsObjections to QuestionsPreventing Abuse of Witnesses during ExaminationCalling and Questioning by the CourtWitness Sequestration and ExclusionOpinion TestimonyThe Opinion RuleLay Witness OpinionsThe Ultimate Issue RuleExpert Witness OpinionsChapter 10. Testimonial PrivilegesIntroductionPrivileges and Witness CompetencyWaiverHistory of Testimonial PrivilegesPurpose of Testimonial PrivilegesThe Privilege Against Self-IncriminationImmunityPrivileged CommunicationsMajor Forms of Testimonial PrivilegesMarital PrivilegeAttorney-Client PrivilegeDoctor-Patient PrivilegePsychotherapist-Patient PrivilegePriest-Penitent PrivilegeState Secrets PrivilegeConfidential Informant PrivilegeNews Reporter-Source PrivilegePrivileges in Civil CasesChapter 11. The Hearsay RuleIntroductionOrigins of the Hearsay RuleHearsay and the Sixth AmendmentProblems with HearsayFor the Truth of the Matter AssertedDetermining the Matter AssertedExemptions and Exceptions DistinguishedStatements Not Considered Hearsay: Hearsay ExemptionsChapter 12. Exceptions to the Hearsay RuleIntroductionUnrestricted Hearsay ExceptionsHearsay Exceptions Requiring "Unavailability" of the DeclarantThe Residual (Catchall) Hearsay ExceptionHearsay ProcedureChapter 13. How Different Types of Evidence Are IntroducedIntroductionAuthenticationAuthentication of DocumentsAuthentication of ObjectsAuthentication of VoicesSelf-AuthenticationBest Evidence RuleThe Best Evidence Rule Is Not AuthenticationBest Evidence and Hearsay DistinguishedDefinitionsThe Rule in OperationWhen the Original Cannot Be ObtainedThe Admissions DoctrineBest Evidence Rule ProcedureReal EvidenceReal Evidence and the Fifth AmendmentAdmissibility RequirementsTypes of Real EvidenceDemonstrative EvidenceDrawings and DiagramsDisplays and DemonstrationsComputer AnimationsExperimentsScientific EvidenceStatisticsDNA EvidencePolygraph EvidenceThe Reliability of Eyewitness TestimonySyndromes and ProfilesSECTION IV. ISSUES IN EVIDENCEChapter 14. Wrongful ConvictionsThe Problem of Wrongful ConvictionsThe Magnitude of the ProblemDNA TestingCase DetailsAdvocacy OrganizationsCenter on Wrongful ConvictionsThe Innocence ProjectSelected CasesRemedies for the Wrongfully ConvictedSection 1983 ClaimsCompensation StatutesExamples of Successful Recoveries, Glossary, Index

Editorial Reviews

"An excellent textbook."—Teresa I. Francis, Central Washington University

"Straightforward and easy to read and understand."—Stacy Moak, University of Arkansas

"The authors' writing is excellent—clear, concise, and smooth."—Walter Signorelli, John Jay College of Criminal Justice

From the Publisher