Illinois Criminal Trial Evidence

Illinois Criminal Trial Evidence

1st Edition - January 1, 1986

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  • Author: Ralph Ruebner
  • eBook ISBN: 9781483162003

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Illinois Criminal Trial Evidence is intended to assist the work of trial and appellate lawyers and judges. Illinois rules of evidence find their origins in various sources: English common law, American common law, constitutional law, Illinois statutory law, and Illinois Supreme Court rules. Illinois courts begin to selectively adopt some of the federal rules of evidence. Because Illinois is not yet an evidence code jurisdiction, it becomes more and more difficult for lawyers and judges to become thoroughly familiar with the state's rules of evidence. This book identifies those rules of evidence that are applicable to a criminal trial, explains the rules, and offers constructive criticism whenever necessary. This text also provides a table of cases used as reference on the topics discussed for each chapter. This text serves as a law school textbook or as a supplement to other law school trial and evidence publications.

Table of Contents

  • Preface

    1. Introductory Principles

    A. Roles of Judge and Jury

    B. Burdens of Proof

    1. Trial of a Felony or Misdemeanor

    2. Other Proceedings

    C. Objections

    D. Offers of Proof

    E. Motions In Limine

    F. Appellate Review

    G. Limited Admissibility

    H. Curative Admissibility

    I. The Completeness Doctrine

    J. Stipulations

    K. Judicial Notice

    L. Inferences and Presumptions

    2. Relevancy

    A. Definition

    B. Standards of Admissibility

    C. Statistical Evidence and Mathematical Odds

    D. Syndrome Evidence

    1. Battered Child Syndrome

    2. Battered Wife Syndrome

    E. Polygraph Evidence

    F. Character as Substantive Evidence

    1. Character of the Defendant

    2. Character of the Victim

    3. Reputation of Sex Crime Victim

    G. Evidence of Other Offenses

    H. Evidence Suggestive of Other Criminal Conduct

    I. Pleas, Plea Discussions, and Related Statements

    J. Photographs

    K. Demonstrative Evidence

    L. Physical Evidence

    3. Privileges

    A. Attorney-Client Privilege

    B. Marital Privilege

    C. Physician-Patient Privilege and Therapist-Patient Privilege

    D. Rape Crisis Counselor Privilege

    E. Clergy Privilege

    F. Accountant Privilege

    G. Reporter Privilege

    H. Parent-Child Privilege

    4. Witnesses

    A. Constitutional Right to Call Witnesses and Present a Defense

    B. Competency of Witnesses

    1. Defendant and Spouse; Prior Conviction

    2. Children

    3. Accomplices

    4. Informants

    5. Addiction; Drug Use; Habitual Intoxication

    6. Retardation; Senility; Epilepsy

    7. Physical Impairment

    8. Mental Illness

    9. Hypnotically Induced or Refreshed Testimony

    10. Impeachment of Verdict

    C. Exclusion of Witnesses

    D. Refreshing Recollection

    E. Impeachment

    1. A Party May Impeach Its Own Witness

    2. By Prior Inconsistent Statements and Omissions

    3. By Reputation for Truth and Veracity

    4. By Bad Acts or Immoral Conduct

    5. By Evidence of Conviction of Crime

    6. By Showing of Bias, Interest, or Motive

    F. Mode and Scope of Examination of Witnesses

    1. Direct Examination

    2. Cross-Examination

    3. Redirect Examination

    4. Recross-Examination

    5. Further Examination

    6. Examination by the Court

    G. Opinion Evidence by Expert Witnesses

    1. Introduction

    2. Beyond the Realm of Common Knowledge or Experience

    3. Qualifications of an Expert

    4. Reliability of Scientific Theory

    5. Ultimate Fact

    6. Basis of Opinion

    7. Cross-Examination; Impeachment

    H. Opinion Evidence by Lay Witnesses

    I. Recantation

    5. Hearsay

    A. Definition

    1. Statement

    2. Truth of the Matter Asserted

    3. Out-of-Court Asserter

    B. Prior Consistent Statements

    C. Prior Out-of-Court Identification

    1. Testimony by the Out-of-Court Declarant

    2. Testimony by a Witness to the Out-of-Court Identification

    D. Prior Inconsistent Statements

    E. Admissions

    1. Generally

    2. Admission by Silence or Implied Admission

    3. False Exculpatory Statements

    4. Self-Serving Statements

    5. Coconspirator's Statements

    F. Spontaneous Statements

    G. Corroborative Statements

    1. Generally

    2. Exception

    H. Then-Existing State of Mind

    I. Statements to Treating Physician

    J. Past Recollection Recorded

    K. Business Records

    1. Generally

    2. Criminal Investigation and Police Reports Exception

    3. Litigation Exception

    4. Medical Records Exception

    5. Computer Records

    L. Public Records and Reports

    M. Absence of Entry in Business or Public Records

    N. Learned Treatises

    O. Judgment of Previous Conviction

    P. Former Testimony

    Q. Dying Declarations

    R. Declarations Against Interest

    S. Codefendant's Confession or Admission

    6. Foundation

    A. Authentication and Identification

    1. Physical Evidence

    2. Writings

    3. Expert Witness

    4. Circumstantial Evidence

    5. Voice Identification

    6. Photographs

    7. Official Documents and Public Records

    8. Process or System Evidence

    B. Self-Authentication

    C. The Best Evidence Rule

    D. Preservation and Destruction of Evidence

    Table of Cases

Product details

  • No. of pages: 192
  • Language: English
  • Copyright: © Butterworth-Heinemann 1986
  • Published: January 1, 1986
  • Imprint: Butterworth-Heinemann
  • eBook ISBN: 9781483162003

About the Author

Ralph Ruebner

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