NCJ Number
11033
Date Published
1972
Length
121 pages
Annotation
MAJOR PRINCIPLES OF EVIDENCE LAW INCLUDING TRADITIONAL, PROCEDURAL AND CONSTITUTIONAL LIMITATIONS ON POLICE PRESENTATIONS.
Abstract
THE RULES THAT DETERMINE WHAT EVIDENCE MAY BE PRESENTED IN A COURT TRIAL AND THE MANNER IN WHICH IT MAY BE USED ARE GENERALLY REFERRED TO AS 'THE LAW OF EVIDENCE'. THIS BOOK PRESENTS, IN AS NON-LEGISLATIVE A MANNER AS POSSIBLE, A DISCUSSION OF THE VARIOUS EVIDENTIARY RULES THAT THE POLICE ARE MOST LIKELY TO ENCOUNTER IN THE COURSE OF CASE INVESTIGATIONS AND WHEN PRESENTING COURT TESTIMONIES. MAJOR PRINCIPLES OF EVIDENCE LAW, RANGING FROM THE HEARSAY RULE TO THE DISTINCTION BETWEEN PRESENT MEMORY REFRESHED AND PAST RECOLLECTION RECORDED, ARE DISCUSSED IN TURN. EACH PRINCIPLE IS PRESENTED IN NONTECHNICAL LANGUAGE AND ILLUSTRATED BY EXAMPLES DRAWN FROM COMMON POLICE EXPERIENCE. FOR EXAMPLE, THE CHAPTER ON PRESENT MEMORY REFRESHED AND PAST RECOLLECTION RECORDED DETAILS THE KINDS OF CIRCUMSTANCES IN WHICH A POLICEMAN IS PERMITTED TO USE HIS NOTES OR REPORTS WHEN TESTIFYING. UNDER THE DOCTRINE OF PRESENT MEMORY REFRESHED, AN OFFICER WHO DOES NOT CLEARLY RECALL THE EVENTS IN QUESTION MAY REFER TO HIS NOTES. WHILE THE DEFENSE COUNSEL MAY EXAMINE THEM FOR THE PURPOSES OF CROSS-EXAMINATION, THEY ARE NOT SHOWN TO THE JURY. HOWEVER, IF AN OFFICER, SUCH AS AN ACCIDENT INVESTIGATOR, HAS NO PRESENT MEMORY OF THE INCIDENT EVEN AFTER REVIEWING HIS REPORT, THE DOCTRINE OF PAST RECOLLECTION RECORDED PROVIDES THAT THE DOCUMENT ITSELF CAN BE ADMITTED AS EVIDENCE AND SHOWN TO THE JURY. WHILE THE AUTHORS INTENDED THIS BOOK AS AN AID TO POLICE, ANY STUDENT OF EVIDENCE WILL FIND THIS A VALUABLE AND ACCURATE REVIEW OF THE COMPLEX FIELD OF EVIDENCE LAW. (SNI ABSTRACT)