NCJ Number
59368
Date Published
1979
Length
427 pages
Annotation
THIS TEXTBOOK FOR LAW STUDENTS, ATTORNEYS, AND CRIMINAL JUSTICE PROFESSIONALS DOCUMENTS THE TREND TOWARDS A MORE LIBERAL INTERPRETATION OF THE CRIMINAL EVIDENCE LAW AND EXPLAINS THE LAW IN SIMPLIFIED TERMS.
Abstract
BEGINNING WITH A DISCUSSION OF THE SOURCES AND CONCEPTUAL FRAMEWORK OF THE EVIDENCE LAW, THE TEXT GOES ON TO CONSIDER EACH AREA OF THE LAW IN DETAIL. WITNESSES, THEIR EXAMINATION, COMPETENCY, AND CREDIBILITY, AS WELL AS THEIR TYPES, ARE DEALT WITH AS ARE THE RELEVANCE AND COMPETENCE OF THEIR TESTIMONY. THE AUTHENTICITY OR GENUINENESS OF WRITING, ORAL STATEMENTS, PHOTOGRAPHS, AND PHYSICAL ITEMS USED AS EVIDENCE IS EXAMINED, AND SCIENTIFIC KNOWLEDGE USED TO SUPPORT HYPOTHESES IN A CRIMINAL TRIAL AND TO PRESENT DATA NOT OTHERWISE AVAILABLE TO THE COURT IS DISCUSSED IN TERMS OF VALIDITY. THE SECTION COVERS FORENSIC TECHNIQUES, VOICEPRINTS, POLYGRAPHS, AND OTHER DEVICES. RELIABILITY AND PRIVILEGE ARE CONSIDERED IN A DISCUSSION COVERING THE BEST EVIDENCE RULE, THE HEARSAY RULE AND HEARSAY EXCEPTIONS, AND MARITAL AND SELF-INCRIMINATION PRIVILEGES. A CHAPTER EXAMINES PROBABLE CAUSE AND WARRANTS AND IMPLICATIONS OF IMPUTED KNOWLEDGE AND STALE INFORMATION, AND OUTLINES TECHNICAL WARRANT REQUIREMENTS AS THEY AFFECT THE SCOPE OF THE SEARCH AND THE SPECIFICATION OF ITEMS THAT CAN BE SEIZED. ANOTHER SECTION COVERING WARRANTLESS SEARCHES DISCUSSES ADMISSIBILITY OF EVIDENCE GATHERED DURING STOP AND QUESTION, FRISK, SEARCH INCIDENT TO ARREST, HOT PURSUIT, CONSENT SEARCHES, ROUTINE BORDER SEARCH, AND MORE. ALSO EXAMINED ARE THE IMPLICATIONS OF THE FOURTH AMENDMENT, THE EXCLUSIONARY RULE, THE VOLUNTARINESS DOCTRINE, THE MCNABB-MALLORY RULE REGARDING THE VOLUNTARINESS OF CONFESSIONS, AND THE MIRANDA DOCTRINE. FINALLY, THE TEXT TAKES UP THE RIGHT TO COUNSEL, EYEWITNESS IDENTIFICATION, THE BURDEN OF PROOF, AND JUDICIAL NOTICE AS THEY PERTAIN TO EVIDENCE ADMISSIBILITY. AN INDEX AND REFERENCES ARE PROVIDED. (KCP)