NCJ Number
66910
Date Published
1978
Length
66 pages
Annotation
THIS PAMPHLET EXPLAINS THE RULES OF EVIDENCE FOR NORTH CAROLINA LAW ENFORCEMENT OFFICERS. IT COVERS KINDS OF EVIDENCE, WITNESSES, OBJECTIONS, CHARACTER EVIDENCE. AND EVIDENCE GATHERING.
Abstract
THE PAMPHLET IS INTENDED AS A TRAINING MANUAL FOR LAW ENFORCEMENT OFFICERS TO ENABLE THEM TO PRODUCE MORE COMPLETE INVESTIGATIONS AND MORE ADMISSIBLE EVIDENCE. THE KINDS OF EVIDENCE EXPLAINED ARE PHYSICAL, TESTIMONIAL, DOCUMENTARY, SUBSTANTIVE, ILLUSTRATIVE, CIRCUMSTANTIAL AND DIRECT, AND JUDICIAL NOTICE. TOPICS COVERED UNDER WITNESS EXAMINATION INCLUDE DIRECT EXAMINATION, LEADING QUESTIONS, WITNESS IMPEACHMENT, APPROACHING THE WITNESS, AND AUTHENTICATING WRITINGS. ALSO DEALT WITH ARE REFRESHING RECOLLECTION; PAST RECOLLECTION RECORDED; METHOD OF QUESTIONING; USE OF NOTES, CHARTS, AND PHOTOGRAPHS; AND HOW TO TESTIFY, CROSS-EXAMINATION, AND CORROBORATION. THE SECTION ON OBJECTIONS DEALS WITH WHY LAWYERS OBJECT, HEARSAY, SPONTANEOUS UTTERANCE, BUSINESS RECORDS, OFFICIAL WRITTEN STATEMENTS, ADMISSIONS, DYING DECLARATIONS, AND SPECIFIC OBJECTIONS FREQUENTLY USED IN THE COURTS. CONSIDERATION OF CHARACTER EVIDENCE INCLUDES WHEN A WITNESS' CHARACTER CAN BE SHOWN, CHARACTER FOR SPECIFIC TYPES OF CONDUCT, PROVING CHARACTER, AND THE DEFENDANT'S CHARACTER. GUIDELINES ARE GIVEN FOR GATHERING EVIDENCE AND THE RULES FOR THIS PROCEDURE, INCLUDING CHAIN OF CUSTODY AND PRESERVATION OF EVIDENCE, QUESTIONING THE WITNESSES AND TAKING STATEMENTS, SEARCHING, MAKING THE FILE, AND FOLLOW-UP LEADS. AN INDEX IS INCLUDED. EXAMPLES OF MANY TOPICS ARE GIVEN.