NCJ Number
47225
Date Published
1974
Length
766 pages
Annotation
AN EXAMINATION IS UNDERTAKEN OF THE LEGAL REQUIREMENTS GOVERNING THE ACQUISITION OF EVIDENCE FOR CRIMINAL PROSECUTION.
Abstract
THE ORGANIZATION OF THE MATERIALS PRESENTED IN THIS FIRST VOLUME OF A TWO VOLUME SET IS BASED ON A COURSE OFFERED BY COLUMBIA LAW SCHOOL AND FOCUSES ON THE POLICE ROLE IN THE ACQUISITION OF EVIDENCE UPON WHICH A CRIMINAL PROSECUTION MAY BE FOUNDED. THE PREROGATIVES AND RESTRAINTS OF LAW ENFORCEMENT ARE TESTED AND VIRTUALLY ALL AVAILABLE SOURCES OF INCRIMINATING FACTS ARE EXPLORED. THE FIRST SECTION EXAMINES EXTRINSIC SOURCES OF EVIDENCE, WITH ATTENTION TO THE EXCLUSIONARY RULE OF THE FOURTH AMENDMENT, GATHERING TANGIBLE OBJECTS, AND ACQUIRING THE EVIDENCE OF WITNESSES. THE COMMON LAW FOUNDATION AND THE BOUNDS OF EXCLUSIONARY RULINGS ARE DISCUSSED, AS ARE EXEMPTIONS AND ALTERNATIVES TO THE RULE. ARTICLES SUBJECT TO SEIZURE ARE ALSO DISCUSSED, AND SEARCH WARRANTS AND WARRANTLESS SEARCHES ARE EXAMINED. THE SECOND SECTION OUTLINES THE ROLE OF THE MIND AND BODY OF THE SUSPECT AS SOURCES OF EVIDENCE. SURVEILLANCE OF SUSPECTS AT LIBERTY IS EXAMINED REGARDING OBSERVATIONS OF THEIR WORDS AND ACTIONS AS EVIDENCE SOURCES. THE EXAMINATION OF SUSPECTS IN CUSTODY IS ALSO DISCUSSED, WITH ATTENTION TO SUBJECTIVE AND OBJECTIVE EVIDENCE. FINALLY, SIXTH AMENDMENT CONSIDERATIONS ARE EXAMINED REGARDING DEVELOPING EVIDENCE FROM THE DEFENDANT AFTER FORMAL ACCUSATION. LANDMARK COURT CASES ARE REFERENCED AND DISCUSSED, AND TEXTS OF JUDICIAL DECISIONS ARE PRESENTED. A TABLE OF CASES IS INCLUDED, BUT NO INDEX IS PROVIDED. THE SECOND VOLUME DEALS WITH THE ADJUDICATORY PHASE OF CRIMINAL PROSECUTION -- SEE NCJ-16021. A SUPPLEMENT, NCJ-43168, IS ALSO AVAILABLE, WHICH UPDATES BOTH VOLUMES FOR 1977. (RCB)