NCJ Number
46145
Date Published
1977
Length
1082 pages
Annotation
USING ESSAYS AND REFERENCES TO SIGNIFICANT COURT DECISIONS, THIS BOOK COMPREHENSIVELY EXPLAINS THE FEDERAL AND CALIFORNIA EVIDENCE CODES.
Abstract
THIS BOOK IS INTENDED AS A SPECIALIZED AID TO LAW ENFORCEMENT AGENTS AND OTHERS IN THE FIELD OF CRIMINAL LAW WHO REQUIRE A WORKING KNOWLEDGE OF EVIDENTIARY PRINCIPLES. EVIDENCE IN CRIMINAL TRIALS, INCLUDING THE ADVERSARY TRIAL PROCESS, THE TYPES AND FORMS OF EVIDENCE, AND TRIAL PROCEDURES, ARE DISCUSSED. AN INTRODUCTION TO THE CONCEPT OF RELEVANCE IS PRESENTED, AND A CHAPTER IS DEVOTED TO THE 'HEARSAY RULE.' EXCEPTIONS TO HERESAY AND THE FUTURE OF THE RULE ITSELF. RELEVANCE IS THEN DISCUSSED IN GREATER DEPTH; CHARACTER, HABIT, AND CUSTOM, SIMILAR HAPENINGS, COMPROMISE, AND SUBSEQUENT REPAIR ARE DISCUSSED AT LENGTH. IMPEACHMENT AND CROSS-EXAMINATION ARE REVIEWED WITH PARTICULAR ATTENTION TO THE RULE AGAINST IMPEACHING ONE'S OWN WITNESS, FORENSIC PROBLEMS, AND CROSS-EXAMINATION AND IMPEACHMENT IN TERMS OF WITNESS CHARACTER, PRIOR INCONSISTENT STATEMENTS AND BIAS. CONFIDENTIALITY AND CONFIDENTIAL COMMUNICATION IS EXAMINED; ATTORNEY-CLIENT PRIVILEGE, PATIENT-PHYSICIAN PRIVILEGE, PATIENT-PSYCHOTHERAPIST PRIVILEGE, AND MARITAL PRIVILEGES, AS WELL AS MISCELLANEOUS CONSIDERATIONS ARE DISCUSSED. THE PRIVILEGE AGAINST COMPULSORY SELF-INCRIMINATION, JUDICIAL NOTICE, GOVERNMENT PRIVILEGES, AND COMPETENCY OF WITNESSES ARE OUTLINED. A CHAPTER DEALS WITH THE BEST EVIDENCE RULE AND AUTHENTICATION IN CASES INVOLVING AUTHORSHIP DISPUTES. RULINGS, IN REGARD TO PRESUMPTIONS AND THE BURDEN OF PROOF, OPINION, EXPERTISE AND EXPERTS, AND SCIENTIFIC AND DEMONSTRATIVE EVIDENCE ARE DEALT WITH IN THE FINAL CHAPTERS. TABLES REFERENCING SPECIFIC CASES, FEDERAL RULES OF EVIDENCE, AND CALIFORNIA EVIDENCE CODE SECTIONS ARE PROVIDED, AS IS AN INDEX. (KBL)