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Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.
In Evidence in International Criminal Trials Mark Klamberg compares procedural activities relevant for international criminal tribunals and the International Criminal Court, including evaluation, collection, disclosure, admissibility and presentation of evidence. The author analyses what objectives are recognized in relation to the aforementioned procedural activities and whether it is possible to establish a priority between them. The concept of “robustness” is introduced to discuss the quantity of evidence in addition to concepts that deal with quality. Finally, the exclusion of every reasonable hypothesis of innocence method is examined as one of several analytical steps that may contribute to the systematic evaluation of evidence. The book seeks to provide guidance on how to confront legal as well as factual issues.
This book explores challenges posed by the use of DNA evidence to the traditional features, procedures and principles of the criminal trial. It examines the limitations of existing theories of criminal trial processes in the face of increasing use of scientific evidence in the court room. The research elucidates the interconnections at trial of three epistemologies, namely legal reasoning, as represented by counsel and trial judge, common sense manifested by the jury and scientific reasoning expounded by the expert witness. Sallavaci argues that while scientific reasoning is part of this hybrid of trial languages and practices, its extended use is producing specifically novel tensions which impact on the traditional criminal trial landscape. Through the lens of DNA evidence, the book investigates how far the use of scientific evidence in the fact finding process poses challenges for the adversarial character of the proceedings and rules of evidence; how it affects the role of the judge, jury and expert witness, as well as the principle of orality and continuity of the trial. In comparing the challenges faced in English common law trials to those of the USA, this book has international scope, and will be of great use and interest to students and researchers of Criminal Law and Practice, Policing, and the role of Forensics in Law.
With lucid text, four-color illustrations, and abundant examples, Criminal Evidence follows the path of evidence From Crime Scene to Courtroom. Focusing on the Federal Rules of Evidence and their state counterparts, Derek Regensburger offers a clear introduction to the principles of evidence and instructions for collecting, preserving, and presenting evidence in a criminal case. The book surveys the major concepts of evidence law such as relevance and burden of proof, discovery, admission of expert witness testimony, impeachment of witnesses, character evidence, hearsay, authentication of physical evidence, and more. Actual trials and news excerpts bring the material to life as they illustrate the role of evidence in real cases. Videos of mock trial scenes on the book’s website reinforce students’ understanding of key concepts. New to the Third Edition: A new chapter on trial practice and witness preparation Streamlined discussions of the exclusionary rule, Miranda rights, and rape shield laws Updated material on eyewitness identification and admission of confessions, particularly the modification of the corpus delicti rule by many state courts Changes concerning the reliability of forensic evidence due to the release of the 2016 report on the issue authored by the President’s Council on Science and Technology, including the FBI’s rejoinder to that report New and expanded sections on bloodstain pattern analysis, arson investigation, and handwriting analysis New and updated practical examples and Evidence in Action articles to feature more recent events, including the Kyle Rittenhouse trial Professors and students will benefit from: Straightforward text that follows the evidence from collection to trial Accessible three-part organization I. The Collection and Preservation of Evidence II. Pretrial Matters III. Admissibility of Evidence Four-color photographs and exhibits that illustrate evidentiary concepts Evidence in Action, observed in real trials and news excerpts Practical examples that apply legal concepts through hypothetical scenarios Review questions and application problems at the end of each chapter test students’ mastery of the material Short mock trial scenes on the companion website that illustrate key concepts discussed in the text
"Criminal Evidence is a well-respected and trusted introduction to the rules of criminal evidence for criminal justice students and professionals. The first half of this book follows the Federal Rules of Evidence in its explanation of how evidence is collected, preserved, and presented in criminal court. The second half provides a selection of relevant criminal court cases that reinforce these basics and provide the context of how these rules are currently practiced. Readers will have an understanding of how concepts of evidence operate to convict the guilty and acquit the innocent. Part of the John C. Klotter Justice Administration Legal Series, this twelfth edition provides many updates, new references to recent cases, and a current version of the Federal Rules of Evidence. Student aids include chapter outlines, key terms and concepts lists, a glossary, a table of cases cited, and online interactive case studies. Teacher resources include Instructor's Guide, test bank, and PowerPoint slides"--
This is the eBook of the printed book and may not include any media, website access codes, or print supplements that may come packaged with the bound book. This book provides college students in Legal Studies, Criminal Justice, and other law or forensic-related fields with a detailed understanding of evidence law. A detailed, hands-on introduction to evidence law Criminal Evidence uses clear writing and real-world examples to provide students with a comprehensive understanding of the laws that determine what make evidence admissible in court, and the factors that make it credible to a jury. Concise but thorough explanations of the legal system, trial processes, and principles of constitutional and criminal law are carefully tailored to provide background on the role of evidence law. Coverage then continues to the rules of evidence and statutory and case law which form the law of evidence in a logical progression, from the attributes which make evidence admissible, to those which make relevant evidence inadmissible. Throughout, practice tips, sample trial transcripts, court opinions, and critical-thinking questions help students develop and retain their understanding. The appendix includes an annotated transcript of testimony taken at an actual criminal trial to give students a look at how evidence law is applied in practice. With its hands-on approach to evidence law, Criminal Evidence clearly explains the law of evidence and the context of that law in a manner that is accessible to students studying criminal justice as well as those studying law.
This book explores challenges posed by the use of DNA evidence to the traditional features, procedures and principles of the criminal trial. It examines the limitations of existing theories of criminal trial processes in the face of increasing use of scientific evidence in the court room. The research elucidates the interconnections at trial of three epistemologies, namely legal reasoning, as represented by counsel and trial judge, common sense manifested by the jury and scientific reasoning expounded by the expert witness. Sallavaci argues that while scientific reasoning is part of this hybrid of trial languages and practices, its extended use is producing specifically novel tensions which impact on the traditional criminal trial landscape. Through the lens of DNA evidence, the book investigates how far the use of scientific evidence in the fact finding process poses challenges for the adversarial character of the proceedings and rules of evidence; how it affects the role of the judge, jury and expert witness, as well as the principle of orality and continuity of the trial. In comparing the challenges faced in English common law trials to those of the USA, this book has international scope, and will be of great use and interest to students and researchers of Criminal Law and Practice, Policing, and the role of Forensics in Law.
Understanding Criminal Evidence is a carefully designed undergraduate text featuring a case-method approach and focused solely on criminal evidence. Learning the rules from case analysis allows students to apply the material to real world situations, fostering an understanding of the Rules of Evidence. Solid pedagogy makes the material more accessible than a traditional law school casebook text and features end-of-chapter review questions and key terms. Each chapter has a major introductory case that highlights the evidentiary issues. Several sub-cases in chap every chapter illustrate the ramifications of the rules. Trial transcripts and real world problems help students apply the rules to real situations they may face in practice. Features: Case-method approach to criminal evidence Case analysis methodology students apply the rules to the real world and to real life Features a traditional approach material designed specifically for undergraduates focused solely on criminal evidence Sound pedagogy end-of-chapter review questions key terms material more accessible than a traditional law school casebooks Cases in each chapter one major introductory case highlighting evidentiary issues several sub-cases illustrating ramifications of the rules Trial transcripts and real world problems help students apply the rules
Shortlisted for DSBA Law Book of the Year Award 2020 Evidence in Criminal Trials is the first Irish textbook devoted exclusively to the subject of criminal evidence. This popular title provides comprehensive, detailed coverage of law and practice on the admissibility of evidence, the presentation of evidence in court and the pre-trial gathering and disclosure of evidence. The work combines analysis of traditional evidentiary doctrine with discussion of its application in practice and takes account of policy development and reform. The subject of evidence is discussed in the broader context of fundamental rights protection under the Constitution, the ECHR and EU law. This updated and extended second edition captures the many significant changes in the law of criminal evidence in recent years. The role of vulnerable witnesses in court proceedings is explored in new chapters on children and vulnerable adults, complainants in sexual offence trials, and victims of crime. The landmark Supreme Court decision in DPP v JC is analysed in an extended chapter on unlawfully obtained evidence and important case law developments relating to confessions and the right to silence are discussed in a detailed chapter on pre-trial interviews with suspects. Other chapters explore the case law of the Supreme Court and Court of Appeal on testimony, corroboration, technological evidence, privilege and disclosure. The Law Reform Commission's recommendations in its 2016 Report on Consolidation and Reform of Aspects of the Law of Evidence are considered in the book's discussion of hearsay and expert evidence. This book will appeal to individuals working and studying in the areas of criminal law and evidence. It will be essential reading for legal practitioners, academics and law students and it will be of interest to others engaged with criminal justice and the court system. This title is included in Bloomsbury Professional's Irish Criminal Law online service.