Derek Regensburger - Criminal Evidence: From Crime Scene to Courtroom

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Alida V. Merlo

Indiana University of Pennsylvania

George E. Higgins

University of Louisville

G. Larry Mays

New Mexico State University

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From Crime Scene to Courtroom

Third Edition

Derek Regensburger

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Cover image: Evidence box, felipe caparros/Shutterstock.com; Courtroom scene, iStock.com/gorodenk

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The idea for this book was born out of my frustration with both my own legal education and the textbooks that were on the market when I began teaching evidence. Evidence is something that can only be learned by doing and seeing by example. In law school, evidence was taught in just the opposite fashion through a series of cases and memorizing rules. As I began to practice criminal law, I soon realized that my legal education had prepared me little for the practical reality of the courtroom. Knowing the hearsay rule and understanding what types of situations it applied to were two totally different types of knowledge. Law school gave me the former; trial by fire in the district attorneys office gave me the latter. After years of practicing law and seeing different situations arise, I finally began to have a good handle on the law of evidence.

Years later when I began teaching criminal justice, I sensed that same frustration carrying over in my students. College textbooks on evidence seemed either too advanced for a beginning college student or stripped bare of any meaningful explanation of the law. Another criticism I had of other evidence textbooks is that many of them included several chapters on criminal procedure that I thought were better saved for a specific course in that subject. The texts also focused on either the legal aspects of evidence law or the practical application for law enforcement. Most failed to combine the two.

The admissibility of evidence is a by-product of the two concepts, however. Evidence that is improperly handled, unlawfully seized, or not timely disclosed is often useless since it will likely be declared inadmissible by the court. Of course, students also need to understand the rules of evidence and what makes certain types of evidence admissible or inadmissible. Without a sufficient knowledge of the rules, a law enforcement officer would not know which kinds of evidence to collect or what types of questions to ask. Thus, students need to understand both the proper process for obtaining and handling evidence and the rules that govern its admissibility in court.

I have tried to correct these deficiencies in writing this textbook. First and foremost, I have tried to explain the rules and concepts relating to evidence law in a way that is understandable for most students who do not have a background in law. Yet, I have tried not to sacrifice content where xxvi possible. The book uses the Federal Rules of Evidence as the starting point of analysis for many evidentiary concepts. Students should keep in mind that each state also has its own set of evidence rules that may differ from the Federal Rules. I have tried to point out significant differences where possible, but instructors should still draw students attention to their particular states evidence code to be complete.

To help explain the concepts and rules, I have included practical examples of how evidentiary concepts discussed in the text are applied in the real world. These examples are found at the end of the topics discussed in each chapter. In addition, I have included Evidence in Action articles throughout the text that are exposs on famous cases or current events, illustrating some of the concepts discussed. I hope these will inform and entertain students as well as spark discussion in class.