NCJ Number
60722
Date Published
1978
Length
360 pages
Annotation
THIS HANDBOOK ON EVIDENTIAL LAW IS INTENDED TO BE USED AS A TEXT FOR COURSES IN POLITICAL SCIENCE AND AS A FIELD GUIDE FOR INSERVICE LAW ENFORCEMENT OFFICERS AT LOCAL, STATE, AND FEDERAL LEVELS.
Abstract
DIRECTED TO THE LAW ENFORCEMENT OFFICER, NOT THE LAWYER, THIS GUIDE DEFINES TECHNICAL TERMS. AN INTRODUCTORY CHAPTER PROVIDES GENERAL CONCEPTS OF EVIDENCE, INCLUDING BURDEN OF PROOF, INTENT IN CRIMINAL CASES, ADMISSIBILITY, PRESUMPTIONS, AND JUDICIAL NOTICE. SUBSEQUENT CHAPTERS DEAL WITH THOSE ASPECTS OF EVIDENCE LAW WHICH DIRECTLY AFFECT THE LAW ENFORCEMENT OFFICER: THE CONTROVERSIAL AREA OF ENTRAPMENT; ARREST, SEARCH, AND SEIZURE; THE ROLE OF WITNESSES AND THEIR CREDIBILITY, COMPETENCY, AND EXPERT AND OPINION TESTIMONY; PRIVILEGE AGAINST SELF-INCRIMINATION; WARNING AGAINST SELF-INCRIMINATION; PRIVILEGED COMMUNICATIONS OF ALL TYPES, SUCH AS THAT BETWEEN HUSBAND AND WIFE, ATTORNEY AND CLIENT, AND PHYSICIAN AND PATIENT; HEARSAY; ADMISSIONS AND CONFESSION; AND DOCUMENTARY AND REAL EVIDENCE. SINCE LAW ENFORCEMENT OFFICERS FIND PERTINENT, CLEARLY-STATED LEGAL PRINCIPLES BENEFICIAL, WITH JUST ENOUGH EVOLUTION AND PHILOSOPHY TO EXPLAIN THE LAW WITH A REASONABLE NUMBER OF CASE AND STATUTORY CITATIONS, THE TEXT INCLUDES THE NAMES OF LANDMARK CASES, ESPECIALLY THOSE OF THE U.S. SUPREME COURT, AND FOOTNOTES ONLY THOSE CASES THAT ARE PARTICULARLY EMPHASIZED IN THE DISCUSSIONS. LEGAL DISAGREEMENTS AMONG STATE AND FEDERAL JURISDICTIONS ARE RECORDED FOR SIGNIFICANT LEGAL POINTS. IN ADDITION, THE FINAL CHAPTER OFFERS STEP-BY-STEP INSTRUCTION IN LEGAL RESEARCH TO AID OFFICERS IN USING THE RESOURCES OF LAW LIBRARIES. A TABLE OF CASES AND AN INDEX PROVIDE ACCESS TO THE TEXT. (MHP)