Criminal Evidence Principles and Cases (with InfoTrac)

, by Gardner, Thomas J.; Anderson, Terry M.

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ISBN: 9780534615512 | 0534615511
Cover: Hardcover
Copyright: 10/8/2003

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I: INTRODUCTION TO CRIMINAL EVIDENCE. 1. History and Development of the Law of Criminal Evidence. 2. Important Aspects of the American Criminal Justice System. 3. Using Evidence to Determine Guilt or Innocence. 4. Direct and Circumstantial Evidence and the Use of Inferences. II: WITNESSES AND THEIR TESTIMONY. 5. Witnesses and the Testimony of Witnesses. 6. Judicial Notice and Privileges of Witnesses. 7. The Use of Hearsay in the Courtroom. 8. Exceptions to the Hearsay Rule. III: WHEN EVIDENCE CANNOT BE USED BECAUSE OF POLICE MISTAKES OR MISCONDUCT. 9. The Exclusionary Rule. 10. When Improperly Obtained Evidence Can Be Used. 11. 'Evidence is Admissible if Obtained During an Administrative Function under the "Special Needs" of Government. 12. Obtaining Statements and Confessions for Use as Evidence. 13. The Law Governing Identification Evidence. 14. Obtaining Physical and Other Evidence. 15. Obtaining Evidence by Use of Search Warrants, Wiretapping, or Dogs Trained to Indicate an Alert. IV: CRIME SCENE, DOCUMENTARY, AND SCIENTIFIC EVIDENCE. 16. The Crime Scene, the Chain of Custody Requirement, and the use of Fingerprints and Trace Evidence. 17. Videotapes, Photographs, Documents, and Writings as Evidence. 18. Scientific Evidence. Appendix A: Sections of the U.S. Constitution. Appendix B: Federal Rules of Evidence. Glossary. Table of Cases. Index.

Preface

xiii

PART I Introduction to Criminal Evidence

CHAPTER 1 History and Development of the Law of Criminal Evidence

(14)

A. HISTORY OF THE RULES OF EVIDENCE

(2)

Early Methods of Determining Guilt or Innocence

(2)

B. MAGNA CARTA AND HABEAS CORPUS

(1)

C. THE AMERICAN DECLARATION OF INDEPENDENCE

(1)

D. THE U.S. CONSTITUTION AND THE AMERICAN BILL OF RIGHTS

(2)

E. BASIC RIGHTS UNDER THE U.S. CONSTITUTION TODAY

(4)

The Presumption of Innocence Until Proven Guilty

(2)

The Right to a Speedy and Public Trial

(1)

The Right to an Indictment

(1)

The Right to a Fair (Not Perfect) Trial

(1)

The Right to Assistance of Counsel

(1)

The Right to Be Informed of Charges

(1)

The Right of the Defendant to Compel Witnesses

(1)

The Right of the Defendant to Testify

(1)

The Right of the Defendant to Confront and Cross-Examine Witnesses

(1)

The Right of Privacy

(1)

The Right to an Impartial Jury

(1)

SUMMARY

(1)

PROBLEMS

(1)

INFOTRAC COLLEGE EDITION EXERCISES

(1)

NOTES

(2)

CHAPTER 2 Important Aspects of the American Criminal Justice System

(17)

A. FEDERALISM IN THE UNITED STATES

(3)

Federalism and the Law of Evidence

(1)

State and Federal Jurisdiction over Crimes in the United States

(1)

Law Enforcement in the American Federal System

(2)

B. THE AMERICAN ADVERSARY SYSTEM

(2)

C. THE ADVERSARY SYSTEM AND THE BATTLES OVER WHAT IS RELEVANT, RELIABLE, AND COMPETENT EVIDENCE

(3)

Relevant Evidence

(1)

Reliable Evidence

(1)

Competent Evidence

(2)

D. THE AMERICAN ACCUSATORIAL SYSTEM

(1)

E. DISCLOSING INFORMATION IN THE ADVERSARY SYSTEM

(5)

Notice of Alibi Statutes

(1)

The Duty to Disclose Evidence Tending to Show the Innocence of the Accused (The Brady Rule)

(1)

Lost, Misplaced, and Destroyed Evidence

(2)

Use of False or Perjured Evidence

(1)

SUMMARY

(1)

PROBLEMS

(1)

INFOTRAC COLLEGE EDITION EXERCISES

(1)

NOTES

(2)

CHAPTER 3 Using Evidence to Determine Guilt or innocence

(19)

A. EVALUATION AND REVIEW OF EVIDENCE

(1)

B. THE CRIMINAL COURT PROCESS

(1)

C. PLEAS A DEFENDANT MAY ENTER TO A CRIMINAL CHARGE

(4)

The Not-Guilty Plea

(1)

The Guilty Plea

(1)

The Alford Guilty Plea

(1)

The No Contest, or Nolo Contendere, Plea

(1)

Conditional Guilty Plea

(1)

The Insanity Plea

(1)

D. PLEA BARGAINING OR SENTENCE BARGAINING

(3)

E. AN OFFER TO PLEAD GUILTY CANNOT BE USED AS EVIDENCE IF THE OFFER IS LATER WITHDRAWN

(2)

F. THE TRIAL

(3)

SUMMARY

(1)

PROBLEMS

(1)

INFOTRAC COLLEGE EDITION EXERCISES

(1)

NOTES

(3)

CHAPTER 4 Direct and Circumstantial Evidence and the Use of inferences

(30)

A. EVIDENCE AND PROOF

(1)

What is Evidence?

(1)

B. THE REASONABLE DOUBT STANDARD

(2)

C. DIRECT EVIDENCE AND CIRCUMSTANTIAL EVIDENCE

(9)

The Inference that People Intend the Natural and Probable Consequences of Their Deliberate Acts

(3)

When Circumstantial Evidence Alone Is Used to Obtain a Criminal Conviction

(1)

Mean-Opportunity-Motive as Circumstantial Evidence

(1)

Fingerprints and Shoeprints as Circumstantial Evidence

(2)

Inferences Drawn from Other Bad Acts or Other Convictions of Defendants

(1)

Where No Inferences Should Be Drawn

(1)

Where the Defendant Uses the Privilege Against Self-Incrimination

(1)

Where Information Is Protected by the Rape Shield Law

(1)

Courts Rule Both Ways on the Cessation of Signature Crimes After the Arrest of a Suspect

(1)

Where a Suspect Seeks to Contact a Lawyer

(1)

D. USING DIRECT AND CIRCUMSTANTIAL EVIDENCE

(5)

Finding Illegal Drugs in a Motor Vehicle

(1)

Proving the Crime of Possession of Illegal Drugs with Intent to Deliver

(1)

Proving Physical and Sexual Abuse of Children

(2)

Proving that the Defendant Was the Driver of a Motor Vehicle

(1)

E. PROVING CORPUS DELICTI BY DIRECT OR CIRCUMSTANTIAL EVIDENCE

(2)

F. THE SUFFICIENCY-OF-EVIDENCE REQUIREMENT TO JUSTIFY A VERDICT OR FINDING OF GUILT

(1)

G. THE USE OF PRESUMPTIONS AND INFERENCES

(3)

Presumptions

(2)

Inferences

(1)

SUMMARY

(2)

INFOTRAC COLLEGE EDITION EXERCISES

PROBLEMS

(2)

NOTES

(5)

PART II Witnesses and Their Testimony

CHAPTER 5 Witnesses and the Testimony of Witnesses

(24)

A. QUALIFICATIONS NECESSARY TO BE A WITNESS

(3)

The General Presumptions that Adults Are Competent to Be Witnesses

(1)

Children as Witnesses

(2)

Voir Dire

(1)

B. CREDIBILITY OF WITNESSES

(2)

Methods Used to Keep Witnesses Honest

(1)

Credibility and the Weight of Evidence

(2)

Demeanor as Evidence in Judging Witnesses

(1)

C. CONSTITUTIONAL RIGHTS OF DEFENDANTS REGARDING WITNESSES

(2)

The Right to Compel the Attendance of Witnesses

(1)

The Right to Confront and Cross-Examine Witnesses

(1)

The Defendant's Right to Testify in His or Her Defense

(1)

D. TYPES OF WITNESSES AND OPINION EVIDENCE

(2)

Ordinary Witnesses and Expert Witnesses

(1)

Opinion Evidence by Ordinary Witnesses

(1)

E. DIRECT EXAMINATION OF WITNESSES

(4)

Cross-Examination of Witnesses

(2)

Objections to Questions

(1)

F. THE REQUIREMENTS OF RELEVANCY, MATERIALITY, AND COMPETENCY

(1)

G. REDIRECT EXAMINATION AND RECROSS-EXAMINATION

(1)

H. THE ROLE OF THE TRIAL JUDGE

(1)

I. CAN A PERSON WHO HAS BEEN HYPNOTIZED TESTIFY AS A WITNESS?

100

(2)

SUMMARY

102

(1)

PROBLEMS

102

(1)

INFOTRAC COLLEGE EDITION EXERCISES

102

(1)

NOTES

103

(4)

CHAPTER 6 Judicial Notice and Privileges of Witnesses

107

(23)

A. JUDICIAL NOTICE IN GENERAL

108

(2)

Judicial Notice of Matters of General Knowledge

108

(1)

Judicial Notice of Facts Obtained from Sources Such as Records, Books, and Newspapers

109

(1)

Scientific and Technological Facts Recognized by Judicial Notice

110

(1)

B. THE PRIVILEGE AGAINST SELF-INCRIMINATION

110

(2)

Areas Where the Fifth Amendment Privilege Against Self Incrimination Does Not Apply

111

(1)

Recent Examples Where the Fifth Amendment Privilege Against Self Incrimination Does Apply

112

(1)

C. THE ATTORNEY-CLIENT PRIVILEGE

112

(2)

Requirements of the Attorney-Client Privilege

113

(1)

Limits of the Attorney-Client Privilege

113

(1)

D. THE HUSBAND-WIFE PRIVILEGE

114

(2)

Partnership-in-Crime Exception to the Husband-Wife Privilege

115

(1)

When One Spouse Commits Crimes Against the Other Spouse or Children

115

(1)

E. THE PHYSICIAN-PATIENT PRIVILEGE

116

(1)

The Requirement of the Physician-Patient Privilege

117

(1)

F THE PSYCHOTHERAPIST-PATIENT PRIVLEGE

117

(1)

The "Dangerous Patient"Exception to the Psychotherapist-Patient Privilege

118

(1)

G. THE SEXUAL ASSAULT COUNSELOR'S PRIVILEGE AND PRIVILEGES COVERING OTHER COUNSELORS

118

(1)

H. THE CLERGY-PENITENT PRIVILEGE

119

(1)

I. DO NEWS REPORTERS HAVE A PRIVILEGE IN YOUR STATE?

119

(1)

The Privilege Not to Reveal the Source of Information

119

(1)

J. IS THERE A PARENT-CHILD PRIVILEGE?

120

(1)

K. THE GOVERNMENT'S PRIVILEGE NOT TO REVEAL GOVERNMENT SECRETS

121

(3)

The Privilege Concerning the Identity of Informants

121

(1)

The Limits to the Informant's Privilege

121

(1)

The Privilege Not to Disclose Military or Diplomatic Secrets Vital to National Security

122

(1)

The President's Privilege of Confidentiality

123

(1)

The Secrecy of Grand Jury Proceedings as a Privilege

123

(1)

SUMMARY

124

(1)

PROBLEMS

124

(1)

INFOTRAC COLLEGE EDITION EXERCISES

125

(1)

NOTES

126

(4)

CHAPTER 7 The Use of Hearsay in the Courtroom

130

(9)

A. WITNESSES AND THE HEARSAY RULE

131

(1)

B. THE HISTORY OF THE HEARSAY RULE

131

(2)

The 1603 Trial of Sir Walter Raleigh

132

(1)

Hearsay Rules and the Use of Independent Juries in the American Colonies/States

132

(1)

C. WHAT IS HEARSAY?

133

(2)

What Is an Assertive Statement?

133

(1)

Nonverbal Communications Can Be Assertive

133

(1)

Conduct that Is Not Meant to Communicate

133

(1)

The Hearsay Rule Forbids Only Statements Offered to Prove the Truth of that Statement

134

(1)

D. WHAT IS NOT HEARSAY? FEDERAL RULES OF EVIDENCE 801(D) (1), (2), AND (2E)

135

(1)

Prior Statement by a Witness

135

(1)

Admission by Party-Opponent

135

(1)

The Co-Conspirator Rule

136

(1)

SUMMARY

136

(1)

PROBLEMS

136

(1)

INFOTRAC COLLEGE EDITION EXERCISES

137

(1)

NOTES

138

(1)

CHAPTER 8 Exceptions to the Hearsay Rule

139

(18)

A. HEARSAY AND THE CONFRONTATION CLAUSE

140

(3)

The "Indicia of Reliability" Requirement

140

(3)

B. FIRMLY ROOTED EXCEPTIONS TO THE HEARSAY RULE

143

(5)

Excited Utterance Exception

144

(1)

Reason for the Exception

144

(1)

Then Existing Mental, Emotional, or Physical Condition Exception

144

(1)

Reason for the Exception

144

(1)

Statements for the Purposes of Medical Diagnosis or Treatment Exception

145

(1)

Use of the Exception in Criminal Trials

145

(1)

Regularly Kept Records Exception

146

(1)

Reason for the Exception

146

(1)

Dying Declaration Exception

146

(1)

Reason for the Exception

146

(1)

Statement Against-Penal-Interest Exception

147

(1)

Reason for the Exception

147

(1)

C. THE FRESH COMPLAINT AND THE OUTCRY RULE

148

(1)

D. MODERN HEARSAY EXCEPTIONS IN CHILD SEXUAL ABUSE CASES

149

(1)

Have Innocent People Been Charged or Convicted in Child Sexual Abuse Cases?

150

(1)

SUMMARY

150

(1)

PROBLEMS

151

(1)

INFOTRAC COLLEGE EDITION EXERCISES

151

(1)

NOTES

152

(5)

PART III When Evidence Cannot Be Used Because of Police Mistakes or Misconduct

CHAPTER 9 The Exclusionary Rule

157

(11)

A. THE EXCLUSIONARY RULE (OR THE RULE OF THE EXCLUSION OF EVIDENCE)

158

(1)

B. THE "FRUIT OF THE POISONOUS TREE" DOCTRINE (OR THE DERIVATIVE EVIDENCE RULE)

159

(1)

C. EXCEPTIONS TO THE "FRUIT OF THE POISONOUS TREE" DOCTRINE

160

(4)

The Independent Source Doctrine

161

(1)

The Inevitable Discovery Rule

161

(1)

The Attenuation, or Passage of Time, Rule

162

(1)

Additional Recent "Fruit of the Poisonous Tree" Cases

163

(1)

D. MANY STATES NOW HAVE TWO SETS OF EXCLUSIONARY RULES

164

(1)

SUMMARY

164

(1)

PROBLEMS

165

(1)

INFOTRAC COLLEGE EDITION EXERCISES

166

(1)

NOTES

166

(2)

CHAPTER 10 Where the Exclusionary Rule Does Not Apply

168

(20)

A. THE EXCLUSIONARY RULE DOES NOT APPLY TO EVIDENCE OBTAINED IN A PRIVATE SEARCH BY A PRIVATE PERSON

169

(1)

B. THE EXCLUSIONARY RULE APPLIES ONLY IN CRIMINAL CASES

170

(1)

C. THE EXCLUSIONARY RULE DOES NOT APPLY IF A DEFENDANT DOES NOT HAVE STANDING OR IF NO RIGHT OF PRIVACY OF THE DEFENDANT HAS BEEN VIOLATED

171

(2)

D. EVIDENCE OBTAINED FROM ABANDONED PROPERTY WILL NOT BE SUPPRESSED

173

(4)

Throwaway as a Type of Abandonment

174

(1)

Denial of Ownership as a Form of Abandonment

175

(1)

Evidence Obtained from Garbage or Trash

175

(1)

Abandoned Motor Vehicles

176

(1)

Expiration of Rental Agreements for Motels and Lockers as a Form of Abandonment

176

(1)

E. EVIDENCE DISCOVERED IN OPEN FIELDS WILL NOT BE SUPPRESSED

177

(3)

F. EVIDENCE DISCOVERED IN GOOD FAITH OR HONEST MISTAKE WILL NOT BE SUPPRESSED

180

(1)

The Good Faith Exception

180

(1)

The Honest Mistake Rule

180

(1)

G. OTHER AREAS WHERE THE EXCLUSIONARY RULE DOES NOT APPLY

181

(3)

SUMMARY

184

(1)

PROBLEMS

184

(1)

INFOTRAC COLLEGE EDITION EXERCISES

185

(1)

NOTES

185

(3)

CHAPTER 11 Evidence is Admissible If Obtained During an Administrative Function Under the "Special Needs" of Government

188

(14)

A. SECURITY SCREENING AT AIRPORTS, COURTHOUSES, AND OTHER PUBLIC BUILDINGS AND PLACES

189

(1)

B. FIRE, HEALTH, AND HOUSING INSPECTIONS

189

(1)

C. SCHOOL SEARCHES ON REASONABLE SUSPICION

190

(1)

D. DRUG TESTING WITHOUT PROBABLE CAUSE OR A SEARCH WARRANT

191

(3)

Of Law Officers and Other Persons in Critical Occupations

191

(1)

Drug Testing on Reasonable Suspicion

191

(1)

School Boards May Require Random Drug Testing of Student Athletes

192

(1)

School Boards May Require Random Drug Testing of Students Participating in Extracurricular Activities

193

(1)

E. SEARCHES WITHOUT PROBABLE CAUSE OR SEARCH WARRANTS OF "CLOSELY REGULATED BUSINESSES"

194

(1)

F. WORK-RELATED SEARCHES IN GOVERNMENT OFFICES (THE ORTEGA RULE)

195

(1)

G. ROADBLOCKS OR VEHICLE CHECKPOINT STOPS

195

(1)

H. CORRECTIONAL PROGRAMS, HEARINGS, OR REQUIREMENTS THAT MAY CAUSE A PRISON INMATE TO INCRIMINATE HIMSELF

196

(2)

I. OTHER "SPECIAL GOVERNMENT NEEDS" WHERE NEITHER PROBABLE CAUSE NOR SEARCH WARRANTS ARE NEEDED

198

(1)

SUMMARY

199

(1)

PROBLEMS

200

(1)

INFOTRAC COLLEGE EDITION EXERCISES

200

(1)

NOTES

201

(1)

CHAPTER 12 Obtaining Statements and Confessions for Use as Evidence

202

(28)

A. CAN A CONFESSION ALONE SUSTAIN A CRIMINAL CONVICTION?

203

(1)

The Corpus Delicti Rule

203

(1)

B. THE REQUIREMENT THAT CONFESSIONS AND INCRIMINATING STATEMENTS BE VOLUNTARY

204

(3)

Using Violence to Obtain Confessions

204

(1)

The Totality-of the-Circumstances Test Used to Determine Whether Confession or Statement Is Voluntary

205

(2)

C. THE MIRANDA REQUIREMENTS

207

(9)

When Miranda Warnings Are Not Required

207

(5)

The Public Safety Exception and the Rescue Doctrine as Exceptions to Miranda Requirements

212

(1)

The Public Safety Exception

212

(1)

Other Cases Concerning Public Safety

213

(1)

The California Rescue Doctrine

214

(2)

D. THE MASSIAH LIMITATION

216

(2)

E. THE BRUTON RULE

218

(1)

F. QUESTIONING PEOPLE IN JAIL OR PRISON

219

(2)

G. POLYGRAPH TEST RESULTS AS EVIDENCE

221

(3)

The Controversy over Polygraph Testing

223

(1)

Polygraph Testing in the American Criminal Justice System

223

(1)

H. VOICE SPECTROGRAPHY EVIDENCE

224

(1)

SUMMARY

225

(1)

PROBLEMS

225

(2)

INFOTRAC COLLEGE EDITION EXERCISES

227

(1)

NOTES

228

(2)

CHAPTER 13 The Law Governing identification Evidence

230

(19)

A. EVIDENCE NEEDED TO CONVICT OF A CRIME

231

(1)

B. THE PROBLEM OF MISTAKEN EYEWITNESS IDENTIFICATION

232

(1)

C. USING SHOWUPS TO OBTAIN IDENTIFICATION EVIDENCE

233

(2)

The Importance of Obtaining Prior Descriptions of Offenders

234

(1)

D. DETERMINING THE RELIABILITY OF IDENTIFICATION EVIDENCE

235

(2)

Guidelines Used to Determine the Reliability and Accuracy of Eyewitness Identification

236

(1)

E. USING LINEUPS TO OBTAIN IDENTIFICATION EVIDENCE

237

(1)

Judges' Rules for Lineups

237

(1)

F. USING PHOTOGRAPHS TO OBTAIN IDENTIFICATION EVIDENCE

238

(1)

Using a Single Photograph for Identification

239

(1)

G. OBTAINING IDENTIFICATION EVIDENCE BY OTHER MEANS

239

(2)

H. COURTROOM IDENTIFICATION OF A DEFENDANT

241

(3)

SUMMARY

244

(1)

PROBLEMS

244

(1)

INFOTRAC COLLEGE EDITION EXERCISES

245

(1)

NOTES

246

(3)

CHAPTER 14 Obtaining Physical and Other Evidence

249

(28)

A. OBTAINING PHYSICAL EVIDENCE FROM THE PERSON OF A SUSPECT

250

(8)

Obtaining Evidence and Information by Means of Voluntary Conversations

250

(1)

Authority Needed to Make an Investigative Detention (Terry Stop)

251

(1)

Searches that Can Be Justified During an Investigative Detention

252

(1)

Obtaining Physical Evidence During and After an Arrest

253

(1)

Evidence Obtained in Searches Following an Arrest

253

(3)

Evidence Obtained During Inventory Searches

256

(2)

B. OBTAINING EVIDENCE BY POLICE ENTRY INTO PRIVATE PREMISES

258

(3)

Authority Needed by Police Officers to Enter Private Premises

259

(1)

Arrest Warrants

259

(1)

Search Warrants and Arrest Warrants

259

(1)

Exceptions to the Warrant Requirement to Enter Private Premises

260

(1)

C. OBTAINING EVIDENCE IN TRAFFIC STOPS AND VEHICLE SEARCHES

261

(7)

May a Police Officer Stop a Motor Vehicle for No Reason?

261

(2)

Obtaining Evidence During Routine Traffic Stops

263

(1)

Obtaining Evidence in Searches of Vehicles, Drivers, and Passengers

264

(1)

Permissible Searches Under the Automobile Exception

265

(3)

SUMMARY

268

(2)

PROBLEMS

270

(2)

INFOTRAC COLLEGE EDITION EXERCISES

272

(1)

NOTES

272

(5)

CHAPTER 15 Obtaining Evidence by Use of Search Warrants, Wiretapping, or Dogs Trained to indicate an Alert

277

(24)

A. SEARCH WARRANTS

278

(2)

Types of Search Warrants

278

(1)

Nighttime Search Warrants

278

(1)

No-Knock or Unannounced Entries

278

(1)

Anticipatory Search Warrants

278

(1)

Sneak-and-Peak Entry Warrants

279

(1)

Searches of Computers and Other Documentary Sources

280

(1)

B. WIRETAPPING AND ELECTRONIC SURVEILLANCE

280

(12)

Thermal-Imaging Devices

280

(1)

Techniques of Lawful Electronic Surveillance

281

(1)

Tactics Used by Suspects to Avoid Electronic Surveillance

282

(1)

Situations Where Court Orders Are Not Required

282

(1)

Overheard Conversations ("Plain Hearing")

282

(1)

Undercover Officers May Testify About What Was Said in Their Presence

283

(1)

Use of Pocket Tape Recorders and the Crime of Bribery

284

(1)

Do Suspects Have a Right of Privacy in Conversations Held in Police Vehicles, Jails, or Other Police Buildings?

284

(2)

When One Party to a Telephone Conversation Consents to the Police Listening and/or Recording the Conversation

286

(1)

Obtaining Evidence by Use of the Confrontational Telephone Call

287

(1)

Using Body Wires or Radio Transmitters

288

(1)

May One Family Member Wiretap and Record Telephone Calls of Another Family Member?

289

(3)

C. OBTAINING EVIDENCE BY USE OF DOGS TRAINED TO INDICATE AN ALERT

292

(1)

Drug and Bomb Detection Dogs

292

(1)

SUMMARY

293

(1)

INFOTRAC COLLEGE EDITION EXERCISES

294

(1)

PROBLEMS

294

(1)

NOTES

295

(6)

PART IV Crime-Scene, Documentary, and Scientific Evidence

CHAPTER 16 The Crime Scene, the Chain of Custody Requirement, and the Use of Fingerprints and Trace Evidence

301

(23)

A. OBTAINING EVIDENCE FROM A CRIME SCENE

302

(7)

What Can Police Search for in Premises Where a Serious Crime Has Recently Occurred?

303

(1)

Obtaining Evidence After a "Hot-Pursuit" Entry into Private Premises

303

(2)

Obtaining Evidence in Now-or-Never Exigency Situations

305

(1)

Obtaining Evidence in Emergency Aid Situations

306

(1)

Defendants Must Have Standing to Challenge the Use of Evidence Obtained from Crime Scenes

306

(1)

Protecting and Searching a Crime Scene

307

(1)

Crime Scenes Are No Place for a Crowd

307

(2)

B. THE CHAIN OF CUSTODY REQUIREMENT

309

(2)

Failing to Show a Sufficient Chain of Custody

310

(1)

Situations Not Requiring a Chain of Custody

311

(1)

C. FINGERPRINTS AS EVIDENCE

311

(4)

Obtaining Fingerprints

312

(1)

Proving that Fingerprints Were Impressed at the Time of the Crime

313

(1)

Automated Fingerprint Identification Systems

314

(1)

Fingerprints and the Daubert Test

314

(1)

D. TRACE EVIDENCE: THE SMALLEST THINGS CAN MAKE THE BIGGEST DIFFERENCE

315

(1)

The Example of the Missing 5-Year-Old in Virginia

316

(1)

E. OTHER TYPES OF EVIDENCE

316

(2)

Palm Prints and Lip Prints as Evidence

316

(1)

Footprints and Shoe Prints as Evidence

316

(1)

Bite Marks as Evidence

317

(1)

Tire Tracks as Evidence

317

(1)

SUMMARY

318

(1)

PROBLEMS

318

(2)

INFOTRAC COLLEGE EDITION EXERCISES

320

(1)

NOTES

320

(4)

CHAPTER 17 Videotapes, Photographs, Documents, and Writings as Evidence

324

(18)

A. PHOTOS AND VIDEOTAPES AS EVIDENCE

325

(4)

When Is a Warrant Needed to Install and Conduct Videotape Surveillance?

326

(1)

Where Videotaping Can Be Done Without a Warrant

327

(2)

B. USING PHOTOGRAPHS AS EVIDENCE

329

(3)

Introducing Photographs and Videotapes into Evidence

330

(1)

Gruesome Photographs and Videotapes

330

(1)

X-Ray Films as Evidence

331

(1)

C. USING DOCUMENTS AND WRITINGS AS EVIDENCE

332

(7)

Using Direct Evidence to Prove that Documents Are Authentic and Genuine

332

(1)

Using Circumstantial Evidence to Prove that Documents Are Authentic and Genuine

333

(1)

Regularly Kept Records

334

(1)

The Best Evidence, or Original Document, Rule

334

(2)

The Fourth Amendment Protection of Writings, Records, and Documents

336

(3)

SUMMARY

339

(1)

PROBLEMS

339

(1)

INFOTRAC COLLEGE EDITION EXERCISES

340

(1)

NOTES

340

(2)

CHAPTER 18 Scientific Evidence

342

(18)

A. THE IMPORTANCE OF SCIENTIFIC EVIDENCE

343

(1)

The Use of Scientific Evidence

343

(1)

B. THE ADMISSIBILITY OF SCIENTIFIC EVIDENCE

344

(3)

What Is Scientific Evidence?

344

(1)

The Frye Test

345

(1)

The Frye Plus Test

345

(1)

The Daubert Test

346

(1)

The Use of Judicial Notice for Accepted Scientific Techniques

347

(1)

C. A FEW OF THE SCIENCES AND SCIENTIFIC TECHNIQUES USED IN THE CRIMINAL JUSTICE SYSTEM

347

(9)

DNA Genetic Profiling

348

(4)

Forensic Entomology

352

(1)

Ballistic Fingerprinting or Firearm Fingerprinting

352

(1)

Sources of Other Scientific Evidence

353

(3)

SUMMARY

356

(1)

PROBLEMS

356

(1)

INFOTRAC COLLEGE EDITION EXERCISES

357

(1)

NOTES

357

(3)

APPENDIX A: Sections of the U.S. Constitution

360

(2)

APPENDIX B: Federal Rules of Evidence

362

(16)

Glossary

378

(6)

Table of Cases

384

(3)

Index

387

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Criminal Evidence Principles and Cases (with InfoTrac)

Summary

Table of Contents

Supplemental Materials