Criminal Evidence
- 10th Edition - October 1, 2009
- Imprint: Anderson
- Author: Jefferson L. Ingram
- Language: English
- eBook ISBN:9 7 8 - 1 - 4 3 7 7 - 5 5 3 0 - 5
Criminal Evidence, Tenth Edition, is primarily a textbook for studying the evidentiary framework in the administration of criminal justice. It contains materials that relate to… Read more
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Request a sales quoteCriminal Evidence, Tenth Edition, is primarily a textbook for studying the evidentiary framework in the administration of criminal justice. It contains materials that relate to general evidence law used by the state and federal justice systems along with frequent references to the Federal Rules of Evidence as a benchmark of how the law of evidence applies in particular situations. Evidentiary principles are embedded in criminal cases and in textual references involving murder, robbery, assault, battery, and other crimes. Using a criminal prosecution context, the book presents the traditional rules of evidence that often affect criminal cases encountered by lawyers, police, and criminal justice professionals. The book is organized into two parts. Part I deals with the development of rules of evidence and the study of criminal evidence. It explains the meaning of concepts such as the burden of proof, judicial notice, presumptions, inferences, and stipulations. It also discusses the rules and exceptions that govern the admissibility of evidence and the competency of witnesses in criminal trials. Part II provides judicial decisions relating to the specific legal principles discussed in Part I.
- Each chapter includes chapter outline, key terms and concepts.
- Part II contains briefs of judicial decisions related to the topics covered in the the text, in order to help the reader learn rule of law as well as the reasoning of the court that guides future court rulings.
- The book is rounded out with a Glossary, Appendices Related to the Federal Rules of Evidence and Uniform Rules of Evidence, and a Table of Cases.
Preface
Part I
History and Approach to Study
Chapter 1 History and Development of Rules of Evidence
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
Chapter 2 Approach to the Study of Criminal Evidence
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
Proof by Evidence and Substitutes
Chapter 3 Burden of Proof
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
Chapter 4 Proof via Evidence
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
Chapter 5 Judicial Notice
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
Chapter 6 Presumptions, Inferences, and Stipulations
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
General Admissibility Tests
Chapter 7 Relevancy and Materiality
Section
7.1 Introduction
7.2 Relevancy and Materiality 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 Summary
Chapter 8 Competency of Evidence and Witnesses
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 Judge as Witness
8.17 Competency of Juror as Witness
8.18 Summary
Evidence via Witness Testimony
Chapter 9 Examination of Witnesses
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
Chapter 10 Privileges
Section
10.1 Introduction
10.2 Reasons for Privileged Communications
10.3 Communications Between Husband and Wife
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 386
Chapter 11 Opinions and Expert Testimony
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
Chapter 12 Hearsay Rule and Exceptions
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
Evidence via Documents and Real Evidence
Chapter 13 Documentary Evidence
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
Chapter 14 Real Evidence
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 and Videotapes
14.8 X-rays
14.9 Sound Recordings
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
Chapter 15 Results of Examinations and Tests
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
Exclusion of Evidence on Constitutional Grounds
Chapter 16 Evidence Unconstitutionally Obtained
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
Part II Judicial Decisions Relating to Part I
Table of Cases in Part II
Glossary
Appendix I Federal Rules of Evidence for United States Courts and Magistrates
Appendix II Table of Jurisdictions in which Uniform Rules of Evidence have been Adopted—2009
Appendix III Table of Contents Uniform Rules of Evidence with 2005 Amendments
Table of Cases
Index
- Edition: 10
- Published: October 1, 2009
- Imprint: Anderson
- Language: English
- eBook ISBN: 9781437755305
JI
Jefferson L. Ingram
Jefferson L. Ingram is Professor in the Department of Political Science at the University of Dayton. He has a B.S. in secondary education, a M.A. in history, and a Juris Doctor. He is a member of the Ohio Bar, Florida Bar, Bar of the federal courts for the Southern District of Ohio, and a member of the Bar of the Supreme Court of the United States.
Affiliations and expertise
University of Dayton, OH, USARead Criminal Evidence on ScienceDirect