[Ebook PDF] Criminal Evidence: An Introduction, 3rd Edition

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Criminal Evidence: An Introduction, 3rd Edition

ISBN-13: 978-0190639280
ISBN-10: 9780190639280

Author: John L. Worrall (Author), Craig Hemmens (Author), Lisa S. Nored (Author)

Criminal Evidence: An Introduction, Third Edition, provides comprehensive and applied coverage of the rules of evidence, along with numerous case excerpts that clearly illustrate those rules. Using engaging, straightforward language, authors John L. Worrall, Craig Hemmens, and Lisa S. Nored
offer an invaluable and innovative resource for both students and instructors.
Concentrating on the Federal Rules of Evidence, this distinctive text presents in-depth yet accessible coverage of evidentiary law in fourteen succinct chapters. To draw students into this complex subject, the authors explain criminal evidence through a unique blend of text and case excerpts;
throughout, these excerpts illuminate the rules in useful, fascinating, and often unusual examples.

PREFACE
The first edition of this work attempted to merge criminal procedure and evidence into one book. Although that approach proved to be useful, attempting to include both topics in one work in a concise and student-friendly manner proved to be difficult. Because many colleges and universities have separate courses in criminal procedure and evidence, we have responded accordingly and focus primarily on the law of evidence in this edition.
We hope this approach is useful for both teachers and their students. Evidence law and the various federal and state rules that govern the procedures for the admission of proof in legal proceedings are expressions of our foundational belief that the legal process must be fair to each and every individual, whether their cause is popular or infamous. This book primarily focuses on the use of evidence in criminal trials. However, evidence law also applies to civil proceedings and therefore a general understanding of the law of evidence; we hope to enable students to appreciate evidence law when applied in
either the criminal or civil context. Moreover, we hope to offer students an understanding of the often unusual and confusing restrictions that we call evidence law. In Section One, we begin with four chapters that are designed to introduce the student to certain foundational concepts. Chapter 1 provides a discussion about the evolution of law and the variety of sources and influences that inform its development. In Chapter 2, we visit the American criminal court system. Understanding the structure of the system, its various dimensions, and the professionals who carry out the objectives of that system will give students a systemic understanding and an important perspective. Chapter 3 continues with an examination of such key concepts as the burdens of proof and production, the exclusionary rule, and the use of defenses in criminal cases. Chapter 4 introduces students to the various types of evidence, as well as an examination of judicial notice and the presumptions that enable our system to recognize facts that are commonly understood or properly inferred.
Section Two allows us to explore the ways in which we obtain and preserve evidence in a legal system that expects fair play and due process. Chapter 5 examines the Fourth Amendment and the various considerations that attend the use of arrest and search warrants. Obtaining evidence in a constitutional and ethical manner is critical to the successful introduction of evidence in all legal proceedings. However, what would the law be without exceptions? Chapter 6 is devoted to the various exceptions to the “warrant requirement,” as well as other special considerations. We then turn to the Fifth Amendment and protections against self-incrimination, confessions, and identification procedures in Chapter 7. Section Three focuses on the various concepts that serve as the heart of the “law of evidence.” In Chapter 8, we examine witness competency, credibility, and the use of impeachment to challenge witnesses. How we examine witnesses during legal proceedings through the use of direct and cross-examination is addressed in Chapter 9. Successful examination of witnesses and finesse in the courtroom are more art than science, however, and are difficult to capture in a textbook. Of course, students soon realize this once they enter the “real world” and begin their own professional careers in the legal system. The use of expert witnesses and the opinions of lay witnesses are also addressed in Chapter 9. The increased
demands and expectations for scientific testimony in criminal cases place unique burdens on the prosecution in this day and age. Our culture, through its exposure to CSI and other television dramas, expects that all cases should be resolved in short order through the application of forensic science. As such, an appreciation for the different types of witnesses is important for students.
Chapter 10 is devoted to the various types of testimonial privileges and seeks to provide students with an understanding of the relationships and information that are privileged. Chapters 11 and 12 delve into the concept of hearsay. Chapter 11 examines our collective reluctance to rely on hearsay evidence in legal proceedings. Having appropriately condemned the use of hearsay and supported this with much robust and convincing evidence, we then turn to Chapter 12, which diligently supplies the student with a multitude of exceptions to the hearsay rule. In Chapter 13, we examine the mechanics of evidence. How does one actually introduce evidence in a legal proceeding? Although we do address the examination of witnesses in Chapter 9, we use Chapter 13 to examine how we authenticate and introduce
various forms of evidence.
Lastly, in Section Four, we examine our increasing awareness of wrongful convictions. Whether through the introduction of flawed evidence or despite an utter lack of credible evidence, allegations of wrongful conviction are no longer dismissed as meritless claims by guilty prisoners. This chapter is designed to examine the issues that are presented in cases involving wrongful convictions and how we address those who are aggrieved. We hope this chapter serves to remind the student that, in our justice system, it is far better to risk an acquittal of the guilty than to wrongfully deprive an innocent person of liberty. We hope the inclusion of this chapter underscores the need to follow established rules of procedure and evidence, with the ultimate goal of protecting the rights of the accused.