NCJ Number
72650
Date Published
1980
Length
526 pages
Annotation
A textbook designed for use by students of criminal justice administration focusing on the rules and principles of evidence in criminal proceedings is presented.
Abstract
The work includes a discussion of the history and development of the evidence rules, burden of proof principles, the roles of those involved in the criminal justice process, judicial notice, and presumptions, inferences, and stipulations. In addition, the concepts of relevancy, competency, and materiality are explained. Procedures for examining and cross-examining witnesses; testimonial privileges such as husband/wife privileges, the attorney/client privilege, and the physician/patient privilege; opinion testimony requirements; the hearsay rule and exceptions; the use of documentary and real evidence; and rules which limit the use of evidence obtained in violation of the Constitution are also discussed. Throughout the book, portions of the Federal Rules of Evidence are inserted when relevant to the discussion. The complex Rules as amended through 1979 are included in the appendix. In the second part of the text leading decisions handed down by the courts are included to give the reader an understanding of the rules established by the courts and of the processes used by the courts in reaching these conclusions. For example, 'In re Winship' (1970) supplements the burden of proof concepts, and 'Morris v. State' (1968) focuses on testimonial privilege. Cases included are primarily criminal cases. Footnotes, a table of cases, an appendix containing Federal Rules of Evidence and an index are in the book. (Author abstract modified)