NCJ Number
89402
Date Published
1983
Length
483 pages
Annotation
Intended for both a professional and a general audience, this text describes all the important rules of evidence in detail, with attention to their applicability in criminal proceedings.
Abstract
After identifying the sources of evidence law, a description of the adversary trial process covers the trial judges' and legal counsels' roles, the problem of admissibility, basic types of evidence, and the trial record. Discussions of specific rules begin with relevance, the most pervasive of evidence concepts, and hearsay, perhaps the most technically challenging rule. Techniques used by trial lawyers to attack the credibility of court witnesses are detailed. Subsequent chapters provide indepth analyses of constitutional principles, such as unlawful search and seizure and the privilege against self-incrimination. Specifically, these sections explore Miranda and other significant Supreme Court decisions, as well as the continuing controversy over the proper scope of the exclusionary rules. Also examined are testimonial privileges, such as those shielding communications between lawyer and client, husband and wife, and informant and law enforcer. The text then surveys the evidentiary status of confessions, identification procedures, scientific investigation techniques, and expert testimony. Throughout the book, examples and blocks of trial transcript illustrate the operation of rules of evidence in a real-world setting. Approximately 475 references and an index are included. (Author summary modified)