Criminal Evidence : An Introduction Book

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.
SECTION ONE: PRELIMINARY MATTERS/SETTING THE STAGE
CHAPTER 1: INTRODUCTION
The Development of Law
Precedent and stare decisis
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
Purpose History
CHAPTER 2: THE AMERICAN CRIMINAL COURT SYSTEM
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 3: 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
Self-defense
Consent
Execution of Public Duties
Excuse Defenses
Duress
Intoxication
Mistake
Age
Insanity
CHAPTER 4: 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
Stipulations
SECTION TWO: OBTAINING EVIDENCE: ARREST AND SEARCH PROCEDURES
CHAPTER 5: 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
CHAPTER 6: 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
Inventories
Inspections
Checkpoints
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
CHAPTER 7: SELF-INCRIMINATION, CONFESSIONS, AND IDENTIFICATION PROCEDURES
The Fifth Amendment and Self-Incrimination
Compulsion
Compulsion during Questioning
Compulsion via Written Documents
Threats of Sanctions
Incrimination The "Testimonial Evidence" Requirement The Meaning of "Self" in Self-Incrimination
Confessions
The Various Approaches to Confession Law
The Due Process "Voluntariness" Approach
The Sixth Amendment Approach
The Miranda Approach
> Custody
> Interrogations
> Substance and Adequacy of the Warnings
> Waiver of Miranda
> Other Miranda 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
Summary
Identification Procedures
Lineups
Showups
Photographic Identifications
SECTION THREE: CRIMINAL EVIDENCE
CHAPTER 8: WITNESS COMPETENCY, CREDIBILITY, AND IMPEACHMENT
Competency
Grounds for Challenging Competency
Mental Incapacity
Childhood
Spousal Relationships
Controversial Issues in Spousal Testimony
Prior Convictions
Religious Beliefs
Judges and Jurors as Witnesses
Summary
The Duty to Tell the Truth The Ability to Observe and Remember Dead Man's Statutes When Corroboration Is Required
Witness Credibility
Impeachment
Bias or Prejudice
Prior Convictions
Uncharged Crimes and Immoral Acts
Contradictions and Prior Inconsistent Statements
Inability to Observe
Reputation
Rehabilitation
CHAPTER 9: 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
Cross-Examination
Redirect Examination
Recross-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
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
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
CHAPTER 11: 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
CHAPTER 12: 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
CHAPTER 13: HOW DIFFERENT TYPES OF EVIDENCE ARE INTRODUCED
Authentication
Authentication of Documents Authentication of Objects Authentication of Voices Self-Authentication
Best Evidence Rule
The Best Evidence Rule Is Not Authentication Definitions The Rule in Operation
Proving Content
Legally Operative Conduct
Matters Incidentally Recorded
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
Photographs
Sound Recordings
Videotapes/Motion Pictures
X-rays
Viewing the Crime Scene
What about Scientific Evidence?
Demonstrative Evidence
Drawings and Diagrams Displays and Demonstrations Computer Animations Experiments
Scientific Evidence
Statistics DNA Evidence Polygraph Evidence The Reliability of Eyewitness Identification Syndromes and Profiles
Battered Woman Syndrome
Rape Trauma Syndrome
Abused Child Syndrome
Criminal Profiles
SECTION FOUR: ISSUES IN EVIDENCE
CHAPTER 14: 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