Criminal Evidence, Tenth Edition, is primarily a textbook for studying the evidentiary framework in the administration of criminal justice. It contains materials that relate to general evidence law used by the state and federal justice systems along with frequent references to the Federal Rules of Evidence as a benchmark of how the law of evidence applies in particular situations. Evidentiary principles are embedded in criminal cases and in textual references involving murder, robbery, assault, battery, and other crimes. Using a criminal prosecution context, the book presents the traditional rules of evidence that often affect criminal cases encountered by lawyers, police, and criminal justice professionals. The book is organized into two parts. Part I deals with the development of rules of evidence and the study of criminal evidence. It explains the meaning of concepts such as the burden of proof, judicial notice, presumptions, inferences, and stipulations. It also discusses the rules and exceptions that govern the admissibility of evidence and the competency of witnesses in criminal trials. Part II provides judicial decisions relating to the specific legal principles discussed in Part I.
- Each chapter includes chapter outline, key terms and concepts.
- Part II contains briefs of judicial decisions related to the topics covered in the the text, in order to help the reader learn rule of law as well as the reasoning of the court that guides future court rulings.
- The book is rounded out with a Glossary, Appendices Related to the Federal Rules of Evidence and Uniform Rules of Evidence, and a Table of Cases.
Preface Part I History and Approach to Study Chapter 1 History and Development of Rules of Evidence Section 1.1 Introduction 1.2 Early Attempts to Determine Guilt or Innocence 1.3 Modern Legal Systems—Romanesque System 1.4 —Anglican System 1.5 Development of the Rules of Evidence in the United States 1.6 Application of the Rules of Evidence in State and Federal Courts 1.7 Future Development of the Rules of Evidence 1.8 Summary Chapter 2 Approach to the Study of Criminal Evidence Section 2.1 Introduction 2.2 Definitions 2.3 Reasons for the Rules of Evidence 2.4 Reasons for Excluding Evidence 2.5 Rules of Evidence in Criminal Cases Compared to Rules of Evidence in Civil Cases 2.6 Pretrial Flow of Evidence 2.7 Use of Evidence at the Trial 2.8 Consideration of Evidence on Appeal 2.9 Use of Evidence at the Probation Hearing 2.10 Use of Evidence When Considering Parole 2.11 Summary Proof by Evidence and Substitutes Chapter 3 Burden of Proof Section 3.1 Introduction 3.2 Definitions and Distinctions 3.3 Preponderance of the Evidence 3.4 Clear and Convincing Evidence 3.5 Beyond a Reasonable Doubt 3.6 Burden on the Prosecution 3.7 Burden to Prove All Elements of the Crime 3.8 Burden on the Accused 3.9 Burden of Proving Affirmative Defenses—General 3.10 —Alibi 3.11 —Insanity 3.12 —Self-Defense 3.13 Sufficiency of Evidence 3.14 Summary Chapter 4 Proof via Evidence Section 4.1 Introduction 4.2 Pretrial Motions Pertaining to Evidence 4.3 General Approach to Admissibility 4.4 Order of Presenting Evidence at the
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- © Anderson 2009
- 1st October 2009
- Paperback ISBN:
Jefferson L. Ingram is Professor in the Department of Political Science at the University of Dayton. He has a B.S. in secondary education, a M.A. in history, and a Juris Doctor. He is a member of the Ohio Bar, Florida Bar, Bar of the federal courts for the Southern District of Ohio, and a member of the Bar of the Supreme Court of the United States.
University of Dayton, OH, USA