NCJ Number
76264
Date Published
1980
Length
556 pages
Annotation
A textbook designed for use in teaching a basic course in criminal evidence to nonlawyers is presented; the work emphasizes materials which are of interest to the police science student.
Abstract
Major topics discussed in the work include evidence in criminal trials, proof in criminal cases, relevance, the hearsay rule and its exceptions, impeachment and cross-examination, privilege and confidentiality, the privilege against compulsory self-incrimination, governmental privileges, real evidence, and scientific and demonstrative evidence. Also addressed are the exclusionary rule and eyewitness identification. Since students using the book need not be concerned with the depth of conceptual analysis necessary for trial lawyers, different kinds of cases concentrating on the more basic rules of evidence are included for illustrative purposes. Analytical problems are provided only where their exceptional importance makes understanding of them vital. Law enforcement agents and others involved in the criminal justice process must now understand not only the emerging evidence codes but also the case law. Criminal cases are prepared and prosecuted by a elected or appointed representative of the people. They are defended by lawyers retained by the accused or appointed by the trial court in the case of indigent defendants. The outcome of a criminal trial is determined by propositions and questions that are basic elements of the case. These elements include propositions of law (the statutory factors of first degree murder), and questions of fact (actions of the accused). The rules of evidence serve to control materials that can be used by the jury or judge in resolving these questions of fact. Most evidence rules relate to the problem of what ought to be received in evidence, i.e., the problem of admissibility. The two fundamental types of evidence, direct and circumstantial, come in four basic forms: testimonial, tangible, tangible-testimonial, and judicially noticed evidence. An index, three tables, footnotes, and collateral readings are included in the textbook.