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Criminal Evidence: Principles and Cases

By Thomas J. Gardner (1921–2021), Terry M. Anderson

9th Edition © 2016
Discipline:Criminal Justice
Course:Courts and Law
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CRIMINAL EVIDENCE: PRINCIPLES AND CASES, 9th Edition, delivers the key rules of evidence in criminal matters as well as their interpretations and applications, and is especially useful for students planning a career in law enforcement or law. Comprehensive without being encyclopedic or overwhelming, the text gives students the rationale behind the rules and demonstrates how law enforcement officers apply them on the job. Authors Gardner and Anderson include many of the features that popularized their best-selling CRIMINAL LAW, such as high-interest examples, "key concepts" boxes, and case excerpts that engage students and make the topics more relevant.

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About this product

CRIMINAL EVIDENCE: PRINCIPLES AND CASES, 9th Edition, delivers the key rules of evidence in criminal matters as well as their interpretations and applications, and is especially useful for students planning a career in law enforcement or law. Comprehensive without being encyclopedic or overwhelming, the text gives students the rationale behind the rules and demonstrates how law enforcement officers apply them on the job. Authors Gardner and Anderson include many of the features that popularized their best-selling CRIMINAL LAW, such as high-interest examples, "key concepts" boxes, and case excerpts that engage students and make the topics more relevant.

Give students a head start on finding a career in the criminal justice system with CRIMINAL EVIDENCE: PRINCIPLES AND CASES, 9th Edition, a concise yet thorough text that's ideal for a traditional, semester-long course.

Expose your students to brief excerpts from key cases rather than overwhelming them with longer sections of black letter law.

Intrigue your students with the clear, engaging, and accessible style this text is known for, along with highly informative examples of the major points in evidence law.

Ensure that students understand the most important topics taught in your course with the highlighted and boxed key concepts throughout the text, which are especially helpful when students cover the more difficult concepts.

Table of contents

Chapters

Cover Page
Title Page
Copyright Page
Preface
Acknowledgements
Part 1. Introduction to Criminal Evidence
Part 2. Witnesses and Their Testimony
Part 3. When Evidence Cannot Be used because of Police Mistakes or Misconduct
Part 4. Crime-Scene, Documentary, and Scientific Evidence
Appendix A. Sections of the U.S. Constitution
Appendix B. Finding and Analyzing Cases
Appendix C. Federal Rules of Evidence

Part 1. Introduction to Criminal Evidence

Chapter 1. History and Development of the Law of Criminal Evidence
Preview this section ↗
History of the Rules of Evidence ↗
Early Methods of Determining Guilt or Innocence ↗
Magna Carta and Habeas Corpus ↗
The American Declaration of Independence ↗
The U.S. Constitution and the American Bill of Rights ↗
Basic Rights under the U.S. Constitution Today ↗
The Presumption of Innocence until Proven Guilty ↗
The Right to a Speedy and Public Trial ↗
The Right to an Indictment ↗
The Right to a Fair (Not Perfect) Trial ↗
The Right to Assistance of Counsel ↗
The Right to Be Informed of Charges ↗
The Right of the Defendant to Compel Witnesses ↗
The Right of the Defendant to Testify or Not Testify ↗
The Right of the Defendant to Confront and Cross-Examine Witnesses ↗
The Right to Be Free of Unreasonable Searches and Seizures ↗
The Right to an Impartial Jury ↗
The Common Law Right of a Defendant to Be Present at the Defendant’s Criminal Trial ↗
Summary ↗
Key Terms ↗
Key Cases ↗
Problems ↗
Case Analysis ↗
Chapter 2. Important Aspects of the American Criminal Justice System
Federalism in the United States
Federalism and the Law of Evidence
State and Federal Jurisdiction over Crimes in the United States
Law Enforcement in the American Federal System
The American Adversary System
The Adversary System and Battles over What Is Relevant, Reliable, and Competent Evidence
Relevant Evidence
Reliable Evidence
Competent Evidence
The American Accusatorial System
Disclosing Information in the Adversary System
Notice of Alibi Statutes
The Duty to Disclose Evidence Tending to Show the Innocence of an Accused (The Brady Rule)
Lost, Misplaced, and Destroyed Evidence
Use of False or Perjured Evidence
Civil Commitment: Evidence Needed to Commit a Person who Might Be Violent
Summary
Key Terms
Key Cases
Problems
Case Analysis
Chapter 3. Using Evidence to Determine Guilt or Innocence
Evaluation and Review of Evidence
Team Evidence Reviews and Clearance Rates
The Criminal Court Process
Pleas a Defendant May Enter to a Criminal Charge
The Not Guilty Plea
The Guilty Plea
The Insanity Plea
The Guilty Plea System, Plea Bargaining, and Victim’s Rights Laws
An Offer to Plead Guilty Cannot Be Used as Evidence if the Offer Is Later Withdrawn
The Trial
Summary
Key Terms
Key Cases
Problems
Case Analysis
Chapter 4. Direct and Circumstantial Evidence and the Use of Inferences
Evidence and Proof
What Is Evidence?
The Reasonable Doubt Standard
Direct Evidence and Circumstantial Evidence
The Inference that People Intend the Natural and Probable Consequences of their Deliberate Acts
When Circumstantial Evidence Alone is Used to Obtain a Criminal Conviction
Means—Opportunity—Motive as Circumstantial Evidence
“Modus Operandi” (“MO”) as Evidence and Investigative Tool
Fingerprints and Shoe Prints as Circumstantial Evidence
Rape Kits as a Source of Circumstantial Evidence
Inferences Drawn from Other Bad Acts or Other Convictions of Defendants
Some Inferences Should Not Be Drawn
Using Direct and Circumstantial Evidence
Finding Illegal Drugs in a Motor Vehicle
Proving the Crime of Possession of Illegal Drugs with Intent to Deliver
Proving Use of the Internet in Child Pornography
Proving Physical and Sexual Abuse of Children
Proving the Defendant Was the Driver of a Motor Vehicle
Proving Corpus Delicti by Direct or Circumstantial Evidence
The Sufficiency-of-Evidence Requirement to Justify a Verdict or Finding of Guilt
The Use of Presumptions and Inferences
Presumptions
Inferences
Summary
Key Terms
Key Cases
Problems
Case Analysis

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