Criminal Evidence: Principles and Cases 9th Edition by Thomas J. Gardner, ISBN-13: 978-1285459004

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• Publisher: ‎ Cengage Learning; 9th edition (February 9, 2015)
• Language: ‎ English
• 560 pages
• ISBN-10: ‎ 1285459008
• ISBN-13: ‎ 978-1285459004

What makes evidence admissible or inadmissible in court? You’ll know the answer once you read CRIMINAL EVIDENCE: PRINCIPLES AND CASES, 9th Edition. Whatever your future career in the justice system, you can count on this book to outline all you need to know about criminal evidence and its use. Packed with stories and cases as well as the most up-to-date legal information available, it’s the most relevant and engaging resource of its kind.

Table of Contents:

Cover Page
Title Page
Copyright Page
Preface
Acknowledgements
Part 1. Introduction to Criminal Evidence
Chapter 1. History and Development of the Law of Criminal Evidence
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
Part 2. Witnesses and Their Testimony
Chapter 5. Witnesses and the Testimony of Witnesses
Qualifications Necessary to Be a Witness
The General Presumption that Adults Are Competent to Be Witnesses
Children as Witnesses
Voir Dire
Credibility of Witnesses
Methods Used to Keep Witnesses Honest
Credibility and the Weight of Evidence
Eyewitness Testimony
Demeanor as Evidence in Determining Witness Credibility
Vouching
Constitutional Rights of Defendants regarding Witnesses
The Right to Compel the Attendance of Witnesses
The Right to Confront and Cross-Examine Witnesses
The Defendant’s Right to Testify in His or Her Defense
Types of Witnesses and Opinion Evidence
Ordinary Witnesses and Expert Witnesses
Opinion Evidence by Ordinary Witnesses
Direct Examination of Witnesses
Cross-Examination of Witnesses
Objections to Questions
The Requirements of Relevancy, Materiality, and Competency
Redirect Examination and Recross-Examination
The Role of the Trial Judge
Can a Person who has Been Hypnotized Testify as a Witness?
Summary
Key Terms
Key Cases
Problems
Case Analysis
Chapter 6. Judicial Notice, Privileges of Witnesses, and Shield Laws
Judicial Notice in General
Judicial Notice of Matters of General Knowledge
Judicial Notice of Facts Obtained from Sources, such as Records, Books, and Newspapers
Scientific and Technological Facts Recognized by Judicial Notice
The Privilege against Self-Incrimination
Areas where the Fifth Amendment Privilege against Self-Incrimination Does Not Apply
Examples where the Fifth Amendment Privilege against Self-Incrimination Does Apply
The Attorney-Client Privilege
Requirements of the Attorney-Client Privilege
Limits of the Attorney–Client Privilege
The Husband-Wife Privilege
Partner-in-Crime Exception to the Husband-Wife Privilege
When One Spouse Commits Crimes against the Other Spouse or Children
The Physician-Patient Privilege
Requirements of the Physician-Patient Privilege
The Psychotherapist-Patient Privilege
The Dangerous Patient Exception to the Psychotherapist-Patient Privilege
The Sexual Assault Counselor’s Privilege and Privileges Covering other Counselors
The Clergy-Penitent Privilege
The News Reporter’s Privilege Not to Reveal the Source of the Information
Does the Constitution Give News Reporters a Privilege Not to Reveal the Source of their Information?
The Problem of Leaking Government Information to the Press, or Should Leaking Be Encouraged?
Is there a Parent-Child Privilege?
The Privilege concerning the Identity of Informants
The Limits to the Informant’s Privilege
The Government’s Privilege Not to Reveal Government Secrets
The Privilege Not to Disclose Military or Diplomatic Secrets Vital to National Security
The President’s Privilege of Confidentiality
The Secrecy of Grand Jury Proceedings as a Privilege
Summary
Key Terms
Key Cases
Problems
Case Analysis
Chapter 7. The Use of Hearsay in the Courtroom
Witnesses and the Hearsay Rule
The History of the Hearsay Rule
The 1603 Trial of Sir Walter Raleigh
Hearsay Rules and the Use of Independent Juries in the American Colonies/States
What Is Hearsay?
What Is an Assertive Statement?
Nonverbal Communications Can Be Assertive
Conduct that Is Not Meant to Communicate
The Hearsay Rule Forbids Only Statements Offered to Prove the Truth of that Statement
What is not Hearsay? Federal Rules of Evidence 801(d)(1), 801(d)(2), and 801(d)(2)(e)
Prior Statement by a Witness
Admission by a Party-Opponent
The Co-Conspirator Rule
Summary
Key Terms
Problems
Case Analysis
Chapter 8. The Confrontation Clause and Exceptions to the Hearsay Rule
Hearsay and the Confrontation Clause
The Confrontation Clause after Crawford
The Meaning of “Testimonial”
Forfeiture by Wrongdoing
“Firmly Rooted” Exceptions to the Hearsay Rule
Hearsay Exceptions
Excited Utterance Exception
Then Existing Mental, Emotional, or Physical Condition Exception
Statements for Purposes of Medical Diagnosis or Treatment Exception
Regularly Kept Records Exception
Dying Declaration Exception
Statement against Penal Interest Exception
The Fresh Complaint and the Outcry Rule
Modern Hearsay Exceptions in Child Sexual Abuse Cases
Summary
Key Terms
Key Cases
Problems
Case Analysis
Part 3. When Evidence Cannot Be used because of Police Mistakes or Misconduct
Chapter 9. The Exclusionary Rule
The Exclusionary Rule (Or the Rule of the Exclusion of Evidence)
Origin of the Exclusionary Rule
The Fruit of the Poisonous Tree Doctrine (Or the Derivative Evidence Rule)
Exceptions to the Fruit of the Poisonous Tree Doctrine
The Independent Source Doctrine
The Inevitable Discovery Rule
The Attenuation, or Passage of Time, Rule
The Miranda Rule, Confessions, and the Fruit of the Poisonous Tree Doctrine
Miranda and the Poisonous Tree Rule
Involuntary Statements, Due Process, and the Poisonous Tree Rule
Many States Have Two Sets of Exclusionary Rules
Summary
Key Terms
Key Cases
Problems
Case Analysis
Chapter 10. Where the Exclusionary Rule Does Not Apply
The Limits of the Exclusionary Rule
The Exclusionary Rule Does Not Apply to Evidence Obtained in a Private Search by a Private Person
The Exclusionary Rule Applies Only in Criminal Cases
The Exclusionary Rule Does Not Apply to Evidence Obtained in a Consent Search
The Exclusionary Rule Does Not Apply if the Defendant Does Not Have Standing or if No Right of Privacy of the Defendant has Been Violated
The Definition of the Expectation of Privacy
Evidence Obtained from Abandoned Property Will Not Be Suppressed
Throwaway as a Form of Abandonment
Denial of Ownership as a Form of Abandonment
Abandoned Real Estate
Evidence Obtained from Garbage or Trash
Abandoned Motor Vehicles
Evidence Discovered in Open Fields Will Not Be Suppressed
Evidence Discovered in Good Faith or by Honest Mistake Will Not Be Suppressed
The Good Faith Exception
Good Faith and Changes in the Law
The Honest Mistake Rule
Other Areas where the Exclusionary Rule Does Not Apply
Summary
Cross-References to Other Chapters
Key Terms
Key Cases
Problems
Case Analysis
Chapter 11. “Special Needs” and Administrative Searches
Special Needs and the Fourth Amendment
Security Screening at Airports, Courthouses, and Other Public Buildings and Places
Fire, Health, and Housing Inspections
School Searches on Reasonable Suspicion
Drug Testing without Probable Cause or a Search Warrant
Drug Testing of Law Officers and Other Persons in Critical Occupations
Drug Testing on Reasonable Suspicion
Random Drug Testing of Student Athletes
Random Drug Testing of Students Participating in Extracurricular Activities
Searches without Probable Cause or Search Warrants of Closely Regulated Businesses
Work-Related Searches in Government Offices (The Ortega Rule)
Roadblocks or Vehicle Checkpoint Stops
Border Searches
Sham Roadblocks
Correctional Programs, Hearings, or Requirements that May Cause a Prison Inmate to Incriminate Himself
Do Inmates on Parole Have Privacy Expectations Protected by the Fourth Amendment?
Other Special Government Needs where neither Probable Cause nor Search Warrants Are Needed
Summary
Key Terms
Key Cases
Problems
Case Analysis
Chapter 12. Obtaining Statements and Confessions for Use as Evidence
Confessions
Can a Confession Alone Sustain a Criminal Conviction?
The Corpus Delicti Rule
The Requirement that Confessions and Incriminating Statements Be Voluntary
Using Violence to Obtain Confessions
The Totality of the Circumstances Test to Determine whether a Confession or Statement Is Voluntary
The Miranda Requirements
Persons in Custody Must Clearly and Unambiguously Invoke their Fifth Amendment Rights
When Miranda Warnings Are Not Required
The Public Safety Exception to Miranda Requirements
Silence, Miranda, and Impeachment
The Sixth Amendment Right to Counsel and the Massiah Limitation
The Bruton Rule
Questioning People in Jail or Prison, including Using Informants and Undercover Agents
Polygraph Test Results as Evidence
The Controversy over Polygraph Testing
Polygraph Testing in the American Criminal Justice System
Voice Spectrography Evidence
Summary
Key Terms
Key Cases
Problems
Case Analysis
Chapter 13. The Law Governing Identification Evidence
Evidence Needed for a Criminal Conviction
The Problem of Mistaken Eyewitness Identification
The 2008 Study of Innocent Persons Mistakenly Incarcerated
What Is Being Done about the Problem of Convicting Innocent Persons?
U.S. Supreme Court Cases on Showups
Determining the Reliability of Identification Evidence: The Neil v. Biggers Guidelines
The Use of Police Lineups: Changes from the 1960s to the Present
Using Photographs to Obtain Identification Evidence
Using a Single Photograph for Identification
Obtaining Identification Evidence by Other Means
Courtroom Identification of a Defendant
Summary
Key Terms
Key Cases
Problems
Case Analysis
Chapter 14. Obtaining Physical and Other Evidence
Obtaining Physical Evidence from the Person of a Suspect
Obtaining Evidence and Information by Means of Voluntary Conversations
“Knock and Talk” as an Investigative Technique
Authority Needed to Make an Investigative Detention (Terry Stop)
The Importance of “Stop and Identify” Laws
Searches without Warrants: Detentions and Arrests
Searches that Can Be Justified during an Investigative Detention
Searches Incident to a Lawful Arrest
The Scope and Extent of Searches Incident to an Arrest
Evidence Obtained during Inventory Searches
Probable Cause: Objective or Subjective Standard?
Obtaining Evidence by Police Entry into Private Premises
Authority Needed by Police Officers to Enter Private Premises
Exceptions to the Warrant Requirement to Enter Private Premises
Obtaining Evidence in Traffic Stops and Vehicle Searches
May a Police Officer Stop a Motor Vehicle for No Reason?
Using Pretextual Stops to Obtain Evidence
Obtaining Evidence during Routine Traffic Stops
What May Police Do in Routine Traffic Stops?
When is a Traffic Stop Too Long?
Obtaining Evidence in Searches of Vehicles, Drivers, and Passengers
Permissible Searches under the Motor Vehicle Exception
Summary
Key Terms
Key Cases
Problems
Case Analysis
Chapter 15. Obtaining Evidence by Use of Search Warrants, from Computers, Wiretapping, or Dogs Trained to Indicate an Alert
Search Warrants
Types of Search Warrants
Obtaining Evidence from Computers
Obtaining Evidence from the Internet (Cyberevidence)
Obtaining Evidence from Other Personal Electronic Devices
Wiretapping and Electronic Surveillance
Thermal-Imaging Devices
Obtaining Evidence from Tracking Devices
Techniques of Lawful Electronic Surveillance
Electronic Surveillance and the USA PATRIOT Act
Tactics Used by Suspects to Avoid Electronic Surveillance
Situations where Court Orders Are Not Required
Undercover Officers May Testify about What Was Said in Their Presence
Appraising the Reliability of Informants’ Tips
Obtaining Evidence by the Use of Dogs Trained to Indicate an Alert
Summary
Key Terms
Key Cases
Problems
Case Analysis
Part 4. Crime-Scene, Documentary, and Scientific Evidence
Chapter 16. The Crime Scene, the Chain of Custody Requirement, and the Use of Fingerprints and Trace Evidence
Obtaining Evidence from a Crime Scene
What Can Police Search for in Premises where a Serious Crime Has Recently Occurred?
When Can Police Search Premises They Have Entered Lawfully?
Obtaining Evidence after a “Hot-Pursuit” Entry into Private Premises
Obtaining Evidence in Now-or-Never Exigency Situations
Obtaining Evidence in Emergency Aid Situations
Obtaining Scent Evidence from the Crime Scene
Defendants Must Have Standing to Challenge the Use of Evidence Obtained from Crime Scenes
Protecting and Searching a Crime Scene
Crime Scenes Are No Place for a Crowd
The Chain of Custody Requirement
Failing to Show a Sufficient Chain of Custody
Situations that Do Not Require a Chain of Custody
Managing the Crime Scene, Chain of Custody, and Scientific Evidence
Fingerprints as Evidence
Obtaining Fingerprints
Proving that Fingerprints Were Impressed at the Time of the Crime
Automated Fingerprint Identification Systems
Fingerprints and the Daubert Test
Trace Evidence: The Smallest Things Can Make the Biggest Difference
Other Types of Evidence
Palm Prints and Lip Prints as Evidence
Footprints and Shoe Prints as Evidence
Bite Marks as Evidence
Tire Tracks as Evidence
Summary
Key Terms
Key Cases
Problems
Case Analysis
Chapter 17. Videotapes, Photographs, Documents, and Writings as Evidence
Photos and Videotapes as Evidence
When Is a Warrant Needed to Install and Conduct Videotape Surveillance?
Where Can Videotaping Be Done without a Warrant?
Using Photographs as Evidence
Introducing Photographs and Videotapes into Evidence
Gruesome Photographs and Videotapes
X-ray Films as Evidence
Using Documents and Writings as Evidence
Using Direct Evidence to Prove that Documents Are Authentic and Genuine
Using Circumstantial Evidence to Prove that Documents Are Authentic and Genuine
Regularly Kept Records
The Best Evidence, or Original Document, Rule
The Fourth Amendment Protection of Writings, Records, and Documents
The Fifth Amendment Protection of Writings, Records, and Documents
Summary
Key Terms
Problems
Case Analysis
Chapter 18. Scientific Evidence
The Importance of Scientific Evidence
The Use of Scientific Evidence
The Admissibility of Scientific Evidence
What Is Scientific Evidence?
The Use of Judicial Notice for Accepted Scientific Techniques
A Few of the Sciences and Scientific Techniques Used in the Criminal Justice System
DNA Genetic Profiling
Familial (Kinship-Based) DNA Searching
Determining the Time of Death in Criminal Cases
Autopsies as a Source of Evidence
Ballistic Fingerprinting or Firearm Fingerprinting
Gunshot Residue Evidence (GSR)
Sources of Other Scientific Evidence
Summary
Key Terms
Key Cases
Problems
Case Analysis
Appendix A. Sections of the U.S. Constitution
Appendix B. Finding and Analyzing Cases
Appendix C. Federal Rules of Evidence

Thomas J. Gardner received his law degree from Marquette Law School. He started the first edition of CRIMINAL LAW over 40 years ago and was a proven author and widely respected practicing attorney with more than 70 years of experience, including several years as an assistant district attorney in Milwaukee, Wisconsin. Mr. Gardner was a U.S. Navy Commander in World War II and served his country with distinction.

Terry M. Anderson is Professor of Law at Creighton University School of Law. He received his Bachelor of Arts degree in 1968 and Juris Doctor degree in 1971 from the University of North Dakota, where he was a member of the Order of the Coif and Case Editor of the North Dakota Law Review. After earning a Master of Laws degree from Harvard Law School in 1972, he joined the Creighton law faculty. He has been a visiting professor at the University of New Mexico School of Law and the Denver University School of Law. He teaches Criminal Law, Contracts and Secured Transactions in Personal Property. Professor Anderson has been a joint author with Thomas Gardner since 1991 and the sole author of CRIMINAL LAW since 2013.

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