Criminal Evidence

"Preface: Acknowledgments: About the Authors: SECTION I. PRELIMINARY MATTERS/SETTING THE STAGE Chapter 1. The American Criminal Court System Introduction Rules of Evidence The Purpose of Evidence Law The Development of Evidence Law Sources of Law Sources of Individual Rights The Constitution The Bill of Rights Incorporation of the Bill of Rights Judicial Review Jurisdiction The Federal Courts District Courts Courts of Appeals The Supreme Court The State Courts Court Actors Judges Prosecutors Defense Attorneys Overview of the Criminal Process Pretrial Proceedings Pretrial Motions Jury Selection The Trial Sentencing Appeals Chapter 2. Some Important Underlying Concepts Introduction The Development of Law Precedent and Stare Decisis Burdens of Production and Proof The Burden of Production The Burden of Proof The Reasonable Doubt Standard Other Standards for the Burden of Proof The Exclusionary Rule History of the Exclusionary Rule Exceptions to the Exclusionary Rule The ""Christian Burial"" Speech Affirmative Defenses Justification Defenses Excuse Defenses Chapter 3. Forms of Evidence Introduction Types of Evidence Direct and Circumstantial Evidence Circumstantial Evidence Judicial Notice Who Is Responsible for Judicial Notice? Varieties of Judicial Notice Judicial Notice of Adjudicative Facts Procedure for Judicial Notice More Benefits of Judicial Notice Criticisms of Judicial Notice Presumptions and Inferences Distinguishing Between Presumptions and Inferences Conclusive Versus Rebuttable Presumptions Presumptions of Law Versus Presumptions of Fact The Effect of Presumptions The Need for Presumptions and Inferences Types of Presumptions A Quick Summary Constitutional Requirements for Presumptions Stipulations SECTION II. OBTAINING EVIDENCE: ARREST AND SEARCH PROCEDURES Chapter 4. Obtaining Evidence and the Fourth Amendment The Fourth Amendment: An Introduction Two Clauses Four Important Issues in Fourth Amendment Jurisprudence Basic Terminology Framework for Analyzing the Fourth Amendment When a Search Occurs When a Seizure Occurs The Doctrine of Justification Chapter 5. Searches and Arrests with Warrants The Warrant Requirement Search and Arrest Warrant Components Arrest Warrants Search Warrants Special Circumstances Fourth Amendment Summary Chapter 6. Exceptions to the Warrant Requirement Warrantless Actions Based on Probable Cause Warrantless Actions Based on Reasonable Suspicion Stop and Frisk Warrantless Actions Based on Administrative Justification Warrantless Actions Based on Consent Chapter 7. Self-Incrimination, Confessions, and Identification Procedures The Fifth Amendment and Self-Incrimination Compulsion Incrimination The ""Testimonial Evidence"" Requirement The Meaning of ""Self"" in Self-Incrimination Confessions The Various Approaches to Confession Law The Role of the Exclusionary Rule in the Confession Analysis Identification Procedures Constitutional Restrictions on Identification Procedures Three Types of Identification Procedures Section III. CRIMINAL EVIDENCE Chapter 8. Witness Competency, Credibility, and Impeachment Introduction Competency Grounds for Challenging Witness Competency The Duty to Tell the Truth The Ability to Observe and Remember Dead Man's Statutes When Corroboration Is Required Witness Credibility Impeachment Rehabilitation Chapter 9. Examining Witnesses Introduction Securing the Attendance of Witnesses Types of Witnesses Expert Witnesses Lay Witnesses Lay and Expert Witness Protection under the Fifth Amendment The Accused as a Witness How Witnesses are Examined Order and Scope of Questions The Form of Questions Objections to Questions Preventing Abuse of Witnesses during Examination Calling and Questioning by the Court Witness Sequestration and Exclusion Opinion Testimony The Opinion Rule Lay Witness Opinions The Ultimate Issue Rule Expert Witness Opinions Chapter 10. Testimonial Privileges Introduction Privileges and Witness Competency Waiver History of Testimonial Privileges Purpose of Testimonial Privileges The Privilege Against Self-Incrimination Immunity Privileged Communications Major Forms of Testimonial Privileges Marital Privilege Attorney-Client Privilege Doctor-Patient Privilege Psychotherapist-Patient Privilege Priest-Penitent Privilege State Secrets Privilege Confidential Informant Privilege News Reporter-Source Privilege Privileges in Civil Cases Chapter 11. The Hearsay Rule Introduction Origins of the Hearsay Rule Hearsay and the Sixth Amendment Problems with Hearsay For the Truth of the Matter Asserted Determining the Matter Asserted Exemptions and Exceptions Distinguished Statements Not Considered Hearsay: Hearsay Exemptions Chapter 12. Exceptions to the Hearsay Rule Introduction Unrestricted Hearsay Exceptions Hearsay Exceptions Requiring ""Unavailability"" of the Declarant The Residual (Catchall) Hearsay Exception Hearsay Procedure Chapter 13. How Different Types of Evidence Are Introduced Introduction Authentication Authentication of Documents Authentication of Objects Authentication of Voices Self-Authentication Best Evidence Rule The Best Evidence Rule Is Not Authentication Best Evidence and Hearsay Distinguished Definitions The Rule in Operation When the Original Cannot Be Obtained The Admissions Doctrine Best Evidence Rule Procedure Real Evidence Real Evidence and the Fifth Amendment Admissibility Requirements Types of Real Evidence Demonstrative Evidence Drawings and Diagrams Displays and Demonstrations Computer Animations Experiments Scientific Evidence Statistics DNA Evidence Polygraph Evidence The Reliability of Eyewitness Testimony Syndromes and Profiles SECTION IV. ISSUES IN EVIDENCE Chapter 14. Wrongful Convictions The Problem of Wrongful Convictions The Magnitude of the Problem DNA Testing Case Details Advocacy Organizations Center on Wrongful Convictions The Innocence Project Selected Cases Remedies for the Wrongfully Convicted Section 1983 Claims Compensation Statutes Examples of Successful Recoveries Glossary: Index:"