Evidence Foundation Questions in Criminal Law: Trial Practice Techniques Every Successful Prosecutor and Defense Lawyer Must Know

by Morley Swingle

In Evidence Foundation Questions in Criminal Trial Practice Techniques Every Successful Prosecutor and Defense Lawyer Must Know, veteran prosecutor and award-winning author, Morley Swingle explains the complexities involved in presenting the correct questions to ensure key pieces of evidence are admitted in a criminal trial.

In this highly readable and often entertaining book, Swingle, a veteran of 178 jury trials and 111 homicide cases, provides the foundation “predicate” questions required to admit evidence in a criminal trial, from routine fingerprints, DNA, chemical testing results, business records, surveillance recordings, firearms testing, autopsy results, diagrams, blood toxicology, photo lineups, jail calls, drug dog alerts, confessions, and prior convictions, to newer types of evidence like cell tower dumps, geofence warrant results, social media postings, text messages, license plate reader data, cell phone records, GPS location information, digitally enhanced photographs, and hearsay under the forfeiture by wrongdoing doctrine.

Swingle supplies the questions and the legal reasons why those specific questions are necessary. Armed with 30 years of experience litigating criminal cases, Swingle personally navigated the challenges of admitting every type of evidence.

“Swingle’s book of evidentiary foundations will give you a huge leg up on your opponent when evidentiary issues come up in trials—as long as your adversary hasn’t gotten his or her hands on this treasure of a book.” Stephen D. Easton, former U.S. Attorney and Law Professor, author of Opposing the Adverse Expert and How to Win Jury Trials

"This book is a tremendous resource for prosecutors, defense attorneys, trial lawyers and law students who want to improve their knowledge of evidentiary foundations. It is a must-have for effective trial preparation." Stephen Sokoloff, Senior Counsel, Missouri Office of Prosecution Services

“Morley Swingle proves that some lawyers can actually write entertainingly.” Harry Levins, St. Louis Post-Dispatch

“Morley Swingle is a rarity among lawyers, and almost unique among a man who loves the books as much as the courtroom, and who writes as well as he dissects witnesses on the stand. ” Robert H. Dierker, Jr., Retired Circuit Court Judge, author of Missouri Criminal Practice Handbook

253 pages, Kindle Edition

Published November 18, 2023

About the author

Morley Swingle is a former prosecutor now writing mystery/thrillers and law books. As both a state and federal prosecutor, he personally prosecuted 111 homicide cases and tried 178 jury trials. His cases have been featured on Dateline, Forensic Files and Oprah. His historical mystery thrillers include The Gold of Cape Girardeau (praised as absorbing courtroom drama by Elmore Leonard) and Bootheel Man (finalist for the 2008 William Rockhill Nelson Award for fiction). His true crime memoir Scoundrels to the Hoosegow was called “engrossing” and “highly recommended” by Vincent Bugliosi. His short story “Hard Blows” in the Mystery Writers of America anthology The Prosecution Rests was singled out by Publisher’s Weekly as “dramatizing the challenges prosecutors encounter.” His collection of 16 short stories won the 2024 Firebird Award for Crime Fiction. His law books teach search and seizure law and evidence with a dose of humor. Although relatively well-liked for a prosecutor, he occasionally found it necessary to wear a bullet-proof vest.