Criminal Evidence An Introduction

ISBN-10: 0199783241

ISBN-13: 9780199783243

Edition: 2nd 2012

List price: $114.95
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Now in its second edition,Criminal Evidence: An Introductionprovides 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 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 concise coverage of evidentiary law in thirteen 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.New to this Edition* Includes hypothetical "Case Decision" exercises* Revised and updated with the latest scholarship and research* A new chapter on wrongful convictions* Places more emphasis on the role of evidence* Completely updated with important cases and developments in evidence law* Incorporates excerpts from the Federal Rules of Evidence* Helpful pedagogical resources and study aids--discussion questions, lists of relevant websites, and a glossary of key terms
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Book details

List price: $114.95
Edition: 2nd
Copyright year: 2012
Publisher: Oxford University Press, Incorporated
Publication date: 1/17/2012
Binding: Paperback
Pages: 448
Size: 7.50" wide x 9.25" long x 1.00" tall
Weight: 1.914
Language: English

John L. Worrall is Professor of Criminology and Program Head at the University of Texas at Dallas (UTD). A Seattle native, he received a B.A., double majoring in psychology and law and justice, from Central Washington University in 1994. Both his M.A. (criminal justice) and Ph.D. (political science) were received from Washington State University, where he graduated in 1999. From 1999-2006, he was a member of the criminal justice faculty at California State University, San Bernardino. He joined UTD in Fall 2006, was promoted to full professor in 2008, and in 2010 was selected to direct the criminology program. Dr. Worrall has published articles and book chapters on a wide range of topics ranging from legal issues in policing to crime measurement, having recently been ranked one of the most prolific sole and lead authors in the discipline. Courses he regularly teaches (and has authored texts for) include introductory criminal justice, criminal procedure, and crime control policy. As Program Head at UTD, Dr. Worrall directs undergraduate, M.S., and Ph.D. programs in criminology, including an online MS program, which he developed. He is active in the Academy of Criminal Justice Sciences, the American Society of Criminology, and a number of regional associations. Finally, he continues to serve as editor of the journal Police Quarterly, a position he has held since 2008.

Craig Hemmens is Department Chair and Professor in the Department of Criminal Justice and Criminology at Washington State University. In addition to being the editor for the SAGE Text/Reader Series in Criminology/Criminal Justice, he has published several books, including Law, Justice and Society (Oxford University Press, �2012), Legal Guide for Police (Anderson, �2011) and An Introduction to Criminal Evidence (Oxford University Press, �2009). He holds a J.D. from North Carolina Central University School of Law and a Ph.D. in Criminal Justice from Sam Houston State University. He served as the President of the Association of Criminal Justice Sciences (ACJS) from 2012 to 2013.

R. Alan Thompson is Associate Professor in the Department of Administration of Justice at the University of Southern Mississippi. Lisa S. Nored is Associate Professor and Chair of the Department of Administration of Justice at the University of Southern Mississippi. John L. Worrall is Associate Professor in the Department of Criminology at the University of Texas at Dallas. Craig Hemmens is Director of the Honors College and Professor of Criminal Justice at Boise State University.

Each Chapter opens with a list of key terms and an Introduction, and ends with a Summary, Discussion Questions, suggestions for further reading, and a list of cited cases
Preliminary Matters/ Setting The Stage
The Development of Law
Precedent and stare idecisis/i
Sources of Law
Sources of Individual Rights
The Constitution
The Bill of Rights
Standard of Review
Incorporation of the Bill of Rights
Judicial Review
Rules of Evidence
The American Criminal Court System
The Federal Courts
District Courts
Courts of Appeals
The Supreme Court
The State Courts
Court Actors
Defense Attorneys
Overview of the Criminal Process
Pretrial Proceedings
Pretrial Motions
Jury Selection
The Trial
Some Important Underlying Concepts
Burdens of Proof and Production
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
Affirmative Defenses
Justification Defenses
Execution of Public Duties
Excuse Defenses
Forms of Evidence
Types of Evidence
Direct and Circumstantial Evidence
Circumstantial Evidence
Ability to Commit the Crime
Intent or Motive
Consciousness of Guilt
Evidence Involving the Victim
Evidence Involving the Character of the Suspect or Victim
Judicial Notice
Who Is Responsible for Judicial Notice?
Varieties of Judicial Notice
Judicial Notice of Adjudicative Facts
The "Indisputable" Component
The Common Knowledge Component
The Ascertainable Fact Component
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
The Presumption of Innocence
The Presumption of Sanity
The Presumption against Suicide
The Presumption of a Guilty Mind Following Possession of the Fruits of Crime
The Presumption of Knowledge of the Law
The Presumption of the Regularity of Official Acts
The Presumption that Young Children Are Not Capable of Committing Crime
The Presumption that People Intend the Consequences of Their Voluntary Actions
The Presumption of Death Following a Lengthy Unexplained Absence
A Quick Summary
Constitutional Requirements for Presumptions
Obtaining Evidence: Arrest and Search Proceedures
Obtaining Evidence and the Fourth Amendment
The Fourth Amendment: An Introduction
Important Issues in Fourth Amendment Jurisprudence
A Framework for Analyzing the Fourth Amendment
Government Action: Searches and Seizures
When a Search Occurs
When a Seizure Occurs
When a Search/Seizure is Reasonable: The Doctrine of Justification
Probable Cause
Reasonable Suspicion
Administrative Justification
Arrests and Seizures with Warrants
Search and Arrest Warrant Components
Arrest Warrants
When Arrest Warrants Are Required
Executing Arrest Warrants
Search Warrants
Executing Search Warrants
Special Considerations
Special Circumstances
Search Warrants and Bodily Intrusions
Administrative Searches
Anticipatory Search Warrants
Preserving Evidence: Exceptions to the Warrant Requirement
Arrests and Searches without Warrants
Warrantless Actions Based on Probable Cause
Searches Incident to Arrest
Exigent Circumstances
Hot Pursuit
Likelihood of Escape or Danger to Others"Evanescent" Evidence
Automobile Searches
Plain View Doctrine
Lawful Access Requirement
Immediately Apparent Requirement
Warrantless Actions Based on Reasonable Suspicion
Warrantless Actions Based on Administrative Justification
School Disciplinary Searches
Searches of Government Employee Offices
Drug and Alcohol Testing
Employee Testing
Hospital Patient Testing
Public School Students
Probation Supervisions Searches
Warrantless Actions Based on Consent
Voluntariness Requirement
Scope of Consent Searches
Third Party Consent
Self-Incrimination, Confessions and Identification Procedures
The Fifth Amendment and Self-Incrimination
Compulsion during Questioning
Compulsion via Written Documents
Threats of Sanctions
The "Testimonial Evidence" Requirement
The Meaning of "Self" in Self-Incrimination
The Various Approaches to Confession Law
The Due Process "Voluntariness" Approach
The Sixth Amendment Approach
The Miranda Approach
Substance and Adequacy of the Warnings
Waiver of Miranda
Other i
Miranda/i Topics
The Role of the Exclusionary Rule in the Confession Analysis
Confessions and Standing
Confessions and Impeachment
Confessions and Fruit of the Poisonous Tree
Identification Procedures
Constitutional Restrictions on Identification Procedures
Right to Counsel
Due Process
The Fifth Amendment
The Fourth Amendment
The Fourth Amendment
Identification Procedures
Photographic Identifications
Criminal Evidence
Witness Competency, Credibilty and Impeachment
Grounds for Challenging Competency
Mental Incapacity
Spousal Relationships
Controversial Issues in Spousal Testimony
Prior Convictions
Religious Beliefs
Judges and Jurors as Witnesses
The Duty to Tell the Truth
The Ability to Observe and Remember
Dead Man's Statutes
When Corroboration Is Required
Witness Credibility
Bias or Prejudice
Prior Convictions
Uncharged Crimes and Immoral Acts
Contradictions and Prior Inconsistent Statements
Inability to Observe
Examining Witnesses
Securing the Attendance of Witnesses
Types of Witnesses
Expert Witnesses
Types of Experts
The Prerequisites for Expert Testimony
The Third Prerequisite in Depth: Deciding Who Is an Expert
Court-Appointed Experts
Subjects of Expert Witness Testimony
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
Direct Examination
Redirect Examination
The Form of Questions
Identifying a Leading Question
Leading Questions during Direct Examination
Leading Questions during Cross-Examination
Refreshing Witness's Memory
Objections to Questions
Substantive Objections
Other Objections
Preventing Abuse of Witnesses during Examination
Calling and Questioning by the Court
Witness Sequestration and Exclusion
Opinion Testimony
The Opinion Rule
Facts and Opinions
Personal Knowledge and Opinions
Lay Witness Opinions
The Collective Facts Doctrine
The Basis for Lay Opinions
Subjects of Lay Opinion
The Ultimate Issue Rule
Expert Witness Opinions
Bases for Expert Opinions
Disclosing Facts and data
Testimonial Privileges
Privileges and Witness Competency
History of Testimonial Privileges
Purpose of Testimonial Privileges
The Privilege against Self-Incrimination
Privileged Communications
Major Forms of Testimonial Privileges
Husband and Wife Privilege
Marital Testimony Privilege
Marital Communications Privilege
Attorney and Client Privilege
Crime Fraud Exception
Client Perjury
Limitations on the Privilege
Doctor and Patient Privilege
Limitations on the Privilege
Psychotherapist-Patient Privilege
Clergy and Penitent Privilege
State Secrets Privilege
Limitations on the Privilege
Confidential Informant Privilege
News Reporter and Source Privilege
Privileges in Civil Cases
The Hearsay Rule
Origins of the Hearsay Rule
Hearsay and the Sixth Amendment
Problems with Hearsay
Misperception and Misunderstanding
Faulty Memory
The Risk of Uncertainty
Narrative Ambiguity
For the Truth of the Matter Asserted
Legally Operative Conduct
Effect on Hearer
Circumstantial Evidence of a Declarant's State of Mind
Prior Statements
Determining the Matter Asserted
Multiple Hearsay and Nonverbal Statements
Exemptions and Exceptions Distinguished
Statements Not Considered Hearsay: Hearsay Exemptions
Prior Statements
Admissions by Party Opponents
Hearsay Exceptions
Hearsay Exceptions
Unrestricted Hearsay Exceptions
Present Sense Impressions
Excited Utterances
Then Existing Mental, Emotional, or Physical Condition
Statements for Medical Diagnosis/Treatment
Past Recollection Recorded
The Business Records Exception
The Official (Public) Records Exception
The Vital Statistics Exception
The "Silent Hound" Exceptions
Miscellaneous Hearsay Exceptions
Hearsay Exceptions Requiring "Unavailability" of the Declarant
The Former Testimony Exception
Dying Declarations
Declarations against Interest
Statements of Family History
Forfeiture by Wrongdoing
The Residual (Catchall) Hearsay Exception
Hearsay Procedure
How Different Types of Evidence are Introduced
Authentication of Documents
Authentication of Objects
Authentication of Voices
Best Evidence Rule
The Best Evidence Rule Is Not Authentication
The Rule in Operation
Proving Content
Legally Operative Conduct
Matters Incidentally Record
Memorialized and Recorded Transactions
Testimony about Rules
Admissibility of Duplicates
Special Problems
When the Original Cannot Be Obtained
Lost Original
Unavailable Original or Beyond Reach of Judicial Process
Original in Possession of Opponent
Collateral, Official, and Voluminous Writings
The Admissions Doctrine
Best Evidence Rule Procedure
Real/Physical Evidence
Real Evidence and the Fifth Amendment
Admissibility Requirements
Chain of Custody
Types of Real Evidence
Exhibition of a Person
Items Connected to the Crime
Sound Recordings
Videotapes/Motion Pictures
Viewing the Crime Scene
What about Scientific Evidence?
Demonstrative Evidence
Drawings and Diagrams
Displays and Demonstrations
Computer Animations
Scientific Evidence
DNA Evidence
Polygraph Evidence
The Reliability of Eyewitness Identification
Syndromes and Profiles
Battered Woman Syndrome
Rape Trauma Syndrome
Abused Child Syndrome
Criminal Profiles
Issues in Evidence
Wrongful Convictions
The Magnitude of the Problem
Advocacy Organizations
Selected Cases
Remedies for the Wrongfully Convicted
Section 1983 Claims
Federal and State Tort Claims
Ineffective Assistance of Counsel
Moral Obligation Bills
Current Federal and State Compensation Statutes
Successful Recovery for the Wrongfully Convicted
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