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Criminal Evidence

An Introduction

Third Edition

John L. Worrall, Craig Hemmens, and Lisa S. Nored

Publication Date - January 2017

ISBN: 9780190639280

464 pages
7-1/2 x 9-1/4 inches

A comprehensive, cutting-edge text that provides an overview of the field of criminal evidence


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.

New to this Edition

  • A reorganized structure that shifts the book's focus from a blend of criminal procedure and evidence to a more in-depth analysis of the role of evidence in the American criminal justice system
  • Updated cases and developments in evidence law throughout
  • Excerpts from the Federal Rules of Evidence
  • Updated case-decision exercises in each chapter
  • A unique chapter (14) on the issue of wrongful convictions in the American criminal justice system

About the Author(s)

John L. Worrall is Professor of Criminology and Director of Justice Administration and Leadership at the University of Texas at Dallas. He has published articles and book chapters on a variety of topics ranging from legal issues in policing to crime measurement. He currently serves as editor of the journal Police Quarterly.

Craig Hemmens is Chair and Professor in the Department of Criminal Justice and Criminology at Washington State University. He has published more than twenty books and 200 articles and other writings on legal issues in criminal justice. He currently serves as editor of the journal Criminal Law Bulletin.

Lisa S. Nored is Professor and Director in The School of Criminal Justice at The University of Southern Mississippi. A former practicing attorney, her research areas include criminal law, public policy, and juvenile justice.

Previous Publication Date(s)

January 2012
August 2004

Table of Contents

    About the Authors
    Chapter 1. The American Criminal Court System
    Rules of Evidence
    The Purpose of Evidence Law
    The Development of Evidence Law
    Sources of Law
    Sources of Individual Rights
    The Constitution
    The Bill of Rights
    Incorporation of the Bill of Rights
    Judicial Review
    The Federal Courts
    District Courts
    Courts of Appeals
    The Supreme Court
    The State Courts
    Court Actors
    Defense Attorneys
    Overview of the Criminal Process
    Pretrial Proceedings
    Pretrial Motions
    Jury Selection
    The Trial
    Chapter 2. Some Important Underlying Concepts
    The Development of Law
    Precedent and Stare Decisis
    Burdens of Production and Proof
    The Burden of Production
    The Burden of Proof
    The Reasonable Doubt Standard
    Other Standards for the Burden of Proof
    The Exclusionary Rule
    History of the Exclusionary Rule
    Exceptions to the Exclusionary Rule
    The "Christian Burial" Speech
    Affirmative Defenses
    Justification Defenses
    Excuse Defenses
    Chapter 3. Forms of Evidence
    Types of Evidence
    Direct and Circumstantial Evidence
    Circumstantial Evidence
    Judicial Notice
    Who Is Responsible for Judicial Notice?
    Varieties of Judicial Notice
    Judicial Notice of Adjudicative Facts
    Procedure for Judicial Notice
    More Benefits of Judicial Notice
    Criticisms of Judicial Notice
    Presumptions and Inferences
    Distinguishing Between Presumptions and Inferences
    Conclusive Versus Rebuttable Presumptions
    Presumptions of Law Versus Presumptions of Fact
    The Effect of Presumptions
    The Need for Presumptions and Inferences
    Types of Presumptions
    A Quick Summary
    Constitutional Requirements for Presumptions
    Chapter 4. Obtaining Evidence and the Fourth Amendment
    The Fourth Amendment: An Introduction
    Two Clauses
    Four Important Issues in Fourth Amendment Jurisprudence
    Basic Terminology
    Framework for Analyzing the Fourth Amendment
    When a Search Occurs
    When a Seizure Occurs
    The Doctrine of Justification
    Chapter 5. Searches and Arrests with Warrants
    The Warrant Requirement
    Search and Arrest Warrant Components
    Arrest Warrants
    Search Warrants
    Special Circumstances
    Fourth Amendment Summary
    Chapter 6. Exceptions to the Warrant Requirement
    Warrantless Actions Based on Probable Cause
    Warrantless Actions Based on Reasonable Suspicion
    Stop and Frisk
    Warrantless Actions Based on Administrative Justification
    Warrantless Actions Based on Consent
    Chapter 7. Self-Incrimination, Confessions, and Identification Procedures
    The Fifth Amendment and Self-Incrimination
    The "Testimonial Evidence" Requirement
    The Meaning of "Self" in Self-Incrimination
    The Various Approaches to Confession Law
    The Role of the Exclusionary Rule in the Confession Analysis
    Identification Procedures
    Constitutional Restrictions on Identification Procedures
    Three Types of Identification Procedures
    Chapter 8. Witness Competency, Credibility, and Impeachment
    Grounds for Challenging Witness Competency
    The Duty to Tell the Truth
    The Ability to Observe and Remember
    Dead Man's Statutes
    When Corroboration Is Required
    Witness Credibility
    Chapter 9. Examining Witnesses
    Securing the Attendance of Witnesses
    Types of Witnesses
    Expert Witnesses
    Lay Witnesses
    Lay and Expert Witness Protection under the Fifth Amendment
    The Accused as a Witness
    How Witnesses are Examined
    Order and Scope of Questions
    The Form of Questions
    Objections to Questions
    Preventing Abuse of Witnesses during Examination
    Calling and Questioning by the Court
    Witness Sequestration and Exclusion
    Opinion Testimony
    The Opinion Rule
    Lay Witness Opinions
    The Ultimate Issue Rule
    Expert Witness Opinions
    Chapter 10. Testimonial Privileges
    Privileges and Witness Competency
    History of Testimonial Privileges
    Purpose of Testimonial Privileges
    The Privilege Against Self-Incrimination
    Privileged Communications
    Major Forms of Testimonial Privileges
    Marital Privilege
    Attorney-Client Privilege
    Doctor-Patient Privilege
    Psychotherapist-Patient Privilege
    Priest-Penitent Privilege
    State Secrets Privilege
    Confidential Informant Privilege
    News Reporter-Source Privilege
    Privileges in Civil Cases
    Chapter 11. The Hearsay Rule
    Origins of the Hearsay Rule
    Hearsay and the Sixth Amendment
    Problems with Hearsay
    For the Truth of the Matter Asserted
    Determining the Matter Asserted
    Exemptions and Exceptions Distinguished
    Statements Not Considered Hearsay: Hearsay Exemptions
    Chapter 12. Exceptions to the Hearsay Rule
    Unrestricted Hearsay Exceptions
    Hearsay Exceptions Requiring "Unavailability" of the Declarant
    The Residual (Catchall) Hearsay Exception
    Hearsay Procedure
    Chapter 13. How Different Types of Evidence Are Introduced
    Authentication of Documents
    Authentication of Objects
    Authentication of Voices
    Best Evidence Rule
    The Best Evidence Rule Is Not Authentication
    Best Evidence and Hearsay Distinguished
    The Rule in Operation
    When the Original Cannot Be Obtained
    The Admissions Doctrine
    Best Evidence Rule Procedure
    Real Evidence
    Real Evidence and the Fifth Amendment
    Admissibility Requirements
    Types of Real Evidence
    Demonstrative Evidence
    Drawings and Diagrams
    Displays and Demonstrations
    Computer Animations
    Scientific Evidence
    DNA Evidence
    Polygraph Evidence
    The Reliability of Eyewitness Testimony
    Syndromes and Profiles
    Chapter 14. Wrongful Convictions
    The Problem of Wrongful Convictions
    The Magnitude of the Problem
    DNA Testing
    Case Details
    Advocacy Organizations
    Center on Wrongful Convictions
    The Innocence Project
    Selected Cases
    Remedies for the Wrongfully Convicted
    Section 1983 Claims
    Compensation Statutes
    Examples of Successful Recoveries

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