NCJ Number
47384
Date Published
1977
Length
710 pages
Annotation
THIS TEXT PRESENTS THE PRINCIPLES OF THE LAW OF CRIMINAL EVIDENCE BY MEANS OF WRITTEN MATERIAL, CASES, SUPPLEMENTARY READINGS, QUESTIONS, AND PROBLEMS.
Abstract
THE EVALUATION OF EVIDENCE FOR CHARGING AND CRIMINAL TRIAL PROCEDURES IS EXAMINED, AS ARE PLEA BARGAINING, THE ADVERSARY SYSTEM, THE ACCUSATORIAL SYSTEM, AND DISCOVERY AND DISCLOSURE OF EVIDENCE. THE BASIC PRINCIPLES OF CRIMINAL EVIDENCE ARE DISCUSSED, WITH ATTENTION TO WITNESSES AND THEIR EXAMINATION, JUDICIAL NOTICE AND PRESUMPTIONS RELATING TO BURDENS OF PROOF, THE USE OF HEARSAY EVIDENCE IN THE COURTROOM, AND THE USE OF HEARSAY INFORMATION AS AN ESSENTIAL ELEMENT OF PROBABLE CAUSE, REASONABLE SUSPICION, OR FOUNDED SUSPICION. METHODS OF EVIDENCE GATHERING AND THE APPLICATION OF EXCLUSIONARY RULES ARE EXAMINED. THE EXCLUSIONARY RULE AND THE 'FRUIT OF THE POISONOUS TREE' DOCTRINE ARE DISCUSSED, AND AREAS TO WHICH THE EXCLUSIONARY RULE DOES NOT APPLY ARE NOTED. ALSO DISCUSSED ARE EVIDENCE OBTAINED AS A RESULT OF POLICE SEARCHES, ADMISSIONS AND CONFESSIONS AS EVIDENCE, IDENTIFICATION OF EVIDENCE, AND THE OBTAINING OF EVIDENCE FROM THE PERSON OF AN ARRESTED SUSPECT OR BY MEANS OF MECHANICAL OR ELECTRONIC EAVESDROPPING. LASTLY, PHYSICAL AND DEMONSTRATIVE EVIDENCE ARE DISCUSSED, WITH ATTENTION TO REAL OR PHYSICAL EVIDENCE AND EVIDENCE OBTAINED FROM THE CRIME SCENE, FINGERPRINTS AS EVIDENCE, DEMONSTRATIVE EVIDENCE, EXHIBITS AND THE USE OF PHOTOGRAPHIC EVIDENCE, DOCUMENTS AND WRITINGS AS EVIDENCE AND SCIENTIFIC EVIDENCE AND THE USE OF POLYGRAPH RESULTS. A TABLE OF CASES IS PROVIDED. AN INDEX IS INCLUDED. (KBL)