NCJ Number
133004
Date Published
1992
Length
766 pages
Annotation
This textbook, prepared primarily for those involved in the administration of justice and those studying for a career in criminal justice, emphasizes rules of evidence in criminal cases.
Abstract
Although rules of evidence are most often directed to the courts and concern the admissibility of evidence at trial, criminal justice personnel in most criminal cases are as much concerned as the courts are with these rules. Whether evidence is testimonial, documentary, or real, much of it is discovered, prepared for trial, and evaluated by police and corrections personnel. Failure to comply with rules of evidence can so contaminate evidence that it becomes worthless to the prosecution and in case disposition. The first part of the textbook reviews the historical development of rules of evidence and outlines procedures relevant to the study of criminal evidence. Consideration is also given to burden of proof, proof via evidence, judicial notice, presumptions, inferences, stipulations, evidence admissibility, evidence relevancy and materiality, and the competency of evidence and witnesses. In addition, attention is paid to witness examination, privileges, opinions and expert testimony, the hearsay rule and exceptions, documentary evidence, real evidence, the results of examinations and tests, and unconstitutionally obtained evidence. The second part of the textbook contains leading decisions of Federal and State courts that illustrate the reasoning of courts in framing and explaining rules of evidence. Appendixes contain Federal Rules of Evidence for U.S. courts and magistrates and a table of jurisdictions where uniform rules of evidence have been adopted. A table of cases is included. Footnotes