NCJ Number
58953
Date Published
1978
Length
200 pages
Annotation
THIS TEXT DESCRIBES THE EVOLUTION AND TYPES OF EVIDENCE, HOW EVIDENCE IS ADMITTED INTO COURT, THE MEANING OF PRIVILEGE, THE OPINION RULE, HEARSAY, EXCLUSION, AND THE TRIAL PROCESS.
Abstract
A DEFINITION OF EVIDENCE IS GIVEN IN THE INTRODUCTION WHICH ALSO INCLUDES INFORMATION ON NONADMISSIBLE EVIDENCE, KINDS OF EVIDENCE, RULES AND THEIR APPLICATION, HISTORICAL EVOLUTION, AND THE MEANING OF PROOF AND THE BURDEN OF PROOF. SECTION II DISCUSSES THE RELEVANCY OF EVIDENCE, AND THE ROLE OF WITNESSES, STIPULATION, AND JUDICIAL NOTICE IN EVIDENCE ADMISSIBILITY IN COURT. TYPES OF EVIDENCE--REAL, DOCUMENTARY, DEMONSTRATIVE, SCIENTIFIC, HEARSAY, AND CHARACTER--ARE ALSO DISCUSSED. THE PROTECTION OF PRIVILEGE, INCLUDING SELF-INCRIMINATION AND FORCED TESTIMONY, IS ALSO DESCRIBED AS ARE THE IMPLICATIONS OF THE OPINION RULE, HEARSAY, EXCLUSIONS OF CONFESSIONS AND ADMISSIONS, AND EXCLUSION OF EVIDENCE OBTAINED BY ILLEGAL SEARCH AND SEIZURE. THE FINAL SECTIONS INCLUDE DETAILED INFORMATION ON PREPARING AND MAINTAINING EVIDENCE FOR USE AT TRIAL INCLUDING PREPARATION OF WITNESS STATEMENTS AND AVOIDANCE OF POLICE ERROR; AND A DESCRIPTION OF THE TRIAL PROCESS INCLUDING BASIC FORMAT, DIRECT AND CROSS-EXAMINATION, ROLE OF THE JUDGE, AND IMPEACHING OF WITNESS' TESTIMONY. CONCEPTS ARE ILLUSTRATED BY CASE EXAMPLES, AND FOOTNOTES FOLLOW INDIVIDUAL CHAPTERS. APPENDIXES TO THE SECTION ON EVIDENCE OBTAINED BY ILLEGAL SEARCH AND SEIZURE CONTAIN GUIDELINES USED BY PEACE OFFICERS AND DEPUTY DISTRICT ATTORNEYS TO PREPARE AND OBTAIN A TELEPHONIC SEARCH WARRANT. (MJM)