LEGAL ASPECTS OF CRIMINAL EVIDENCE - 2ND EDITION

• NCJ Number: 60582
• Author(s): J R HANLEY; W W SCHMIDT
• Date Published: 1979
• Length: 435 pages
• Corporate Author: McCutchan Publishing Corporation
• Sale Source: McCutchan Publishing Corporation
• Language: English
• Country: United States of America

Annotation

RULES OF EVIDENCE APPLYING TO INVESTIGATION AND TRIAL ARE DISCUSSED FOR LAW ENFORCEMENT OFFICERS AND CRIMINAL JUSTICE STUDENTS.

Abstract

THE DISCUSSION OF ADMISSIBILITY OF EVIDENCE TREATS GENERAL RULES, RELEVANCE AND MATERIALITY, EXCLUSION OF RELEVANT EVIDENCE, EVIDENCE OF OTHER CRIMES, WEIGHT OF EVIDENCE, CIRCUMSTANTIAL EVIDENCE, GENERAL PRESUMPTIONS, OFFICIAL PRESUMPTIONS, PRESUMPTIONS CONCERNING PARTICULAR ACTS, PRESUMPTIONS INDICATING GUILT, AND JUDICIAL NOTICE. CONSIDERATION OF DETENTION AND ARREST DEALS WITH EVIDENTIARY FACTS JUSTIFYING STOPS AND FRISKS, COLLATERAL EVIDENCE FOUND, ELEMENTS OF AN ARREST, PROBABLE CAUSE, COLLECTIVE INFORMATION AND RADIO BROADCASTS, FEDERAL OFFENSES AND IMMUNITY, PARTICULAR TYPES OF ARRESTS, USE OF FORCE, FALSE ARREST, AND ENTRAPMENT. SEARCH AND SEIZURE IS EXAMINED IN THE AREAS OF THE EXCLUSIONARY RULE, ABANDONED PROPERTY RULE, SEARCHES INCIDENT TO ARREST, SEARCHES OF VEHICLES, HOT PURSUIT AND EXIGENT CIRCUMSTANCES, CONSENSUAL SEARCHES, BORDER SEARCHES, 'SHOCKING' SEARCHES, AND STANDING. GROUNDS FOR THE ISSUANCE OF ARREST AND SEARCH WARRANTS AND THE EXECUTION OF SUCH WARRANTS ARE ALSO EXPLORED. LEGAL ISSUES INVOLVED IN INTERROGATIONS, CONFESSIONS, AND NONTESTIMONIAL EVIDENCE ARE DELINEATED, AND LEGAL PARAMETERS GOVERNING THE DISCOVERY OF EVIDENCE ARE DISCUSSED. PRIVILEGED COMMUNICATIONS, QUESTIONS, ANSWERS, IMPEACHMENT, AND CROSS-EXAMINATION OF WITNESSES IN A TRIAL CONTEXT ARE ALSO CONSIDERED. LEGAL ISSUES ASSOCIATED WITH OPINION EVIDENCE, HEARSAY EVIDENCE, DOCUMENTARY EVIDENCE, PHOTOGRAPHS, DEMONSTRATION, AND THE BEST EVIDENCE RULE ARE PROBED, FOLLOWED BY A CONSIDERATION OF THE PRESERVATION AND CUSTODY OF PHYSICAL AND SCIENTIFIC EVIDENCE. A DISCUSSION OF GRAND JURIES, SUPPRESSION HEARINGS, APPEALS, AND FORFEITURE PROCEEDINGS CONCLUDES THE PRESENTATION. THE APPENDIXES DEAL WITH TIPS ON TESTIFYING, FUNDAMENTALS OF LEGAL RESEARCH, WARNINGS, CRIMINAL FORMS, AND RULES OF EVIDENCE FOR UNITED STATES COURTS AND MAGISTRATES. A GLOSSARY AND INDEX ARE PROVIDED. (RCB)