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Criminal Evidence

Criminal Evidence

May 2015 | 496 pages | SAGE Publications, Inc

A concise and comprehensive introduction to the law of evidence, Criminal Evidence takes an active learning approach to help readers apply evidence law to real-life cases. Bestselling author Matthew Lippman, a professor of criminal law and criminal procedure for over 25 years, creates an engaging and accessible experience for students from a public policy perspective through a multitude of contemporary examples and factual case scenarios that illustrate the application of the law of evidence. Highlighting the theme of a balancing of interests in the law of evidence, readers are asked to apply a more critical examination of the use of evidence in the judicial system. The structure of the criminal justice system and coverage of the criminal investigative process is also introduced to readers.

CHAPTER 1: Introduction
Burden of Proof

The Judge and the Jury

The Development of the Law of Evidence

The United States Constitution

The United States Supreme Court

Federal District Courts and Courts of Appeal

State Constitutions and State Courts

State Judicial Systems


The Development of Due Process

The Fourteenth Amendment

Fundamental Fairness

Total Incorporation

Selective Incorporation

Rules of Evidence

Do We Need Rules of Evidence

CHAPTER 2: The Criminal Justice Process
The Criminal Complaint

First Appearance

Preliminary Hearing

Grand Jury


Suppression Hearings And Pretrial Motions


Plea Bargaining

Jury Selection

The Trial

The Judicial Sentencing Process

Sentencing Guidelines and the Rule of the Jury in Sentencing

Criminal Appeals

Habeas Corpus

CHAPTER 3: Types of Evidence


Exclusion of Relevant Evidence Based on Prejudice and Other Concerns

Direct and Circumstantial Evidence

Testimonial and Real Evidence

Substitutes for Evidence


Judicial Notice


Presumptions and Criminal Law

CHAPTER 4: Direct and Circumstancial Evidence
Jury Decision-Making

Circumstantial Evidence of Ability to Commit the Crime

Circumstantial Evidence of an Inference of Consciousness of Guilt and of Guilt

Circumstantial Evidence That an Individual Is the Victim of Rape

Character Evidence

Other Acts Evidence

Other Acts Evidence and Circumstantial Evidence of Identification

Other Acts Evidence and Circumstantial Evidence of Intent

CHAPTER 5: Witnesses
Competency Hearings


Child Testimony

Judges as Witnesses

Jurors as Witnesses

Spousal Competence


Mental Incapacity



Prior Felony Convictions

Crimes Involving a Dishonest Act or False Statement

Character for Truthfulness

Uncharged Crimes and Immoral Acts

Prior Inconsistent Statements

Specific Contradiction

Physical and Psychological Incapacity



Recorded Recollection

CHAPTER 6: Witnesses: The Opinion Rule and Expert Testimony
Unavailable Witnesses

Opinion Rule

Lay Witnesses

Expert Testimony

Qualifying an Expert Witness

Testimony on Ultimate Issues

Scope of Expert Testimony

Court-Appointed Experts

Case Analysis

CHAPTER 7: Crime Scene Evidence and Experiments
Crime Scene Evidence

Chain of Custody

Scientific Evidence

Laying the Foundation for Scientific Evidence

Right to Defense Experts

Judicially Accepted Scientific Tests

Other Judicially Recognized Tests

Tests Not Accepted by the Courts


CHAPTER 8: Documentary Evidence, Models, Maps, and Diagrams
Authentication of Documents

Methods of Authenticating Documents

Self-Authenticating Documents

Visual Images

Authentication of Objects

Authentication of Voice Communication

The Best Evidence Rule

Application of the Best Evidence Rule

Models, Maps, Diagrams, and Charts

In-Court Exhibitions

CHAPTER 9: Hearsay
The Development of the Rule Against Hearsay

The Definition of Hearsay

The Reasons for the Hearsay Rule

Hearsay Objections

The Sixth Amendment and Hearsay

Exceptions to the Hearsay Rule

Admission and Confessions

Prior Statements

Hearsay Exceptions When Declarant Is Not Required to Be Available

Present Sense Impression

Excited Utterance

Then-Existing Mental, Emotional, or Physical Condition

Medical Treatment-Diagnosis

Business Records

Absence of Business Records

Public Records

Vital Statistics

Unavailability of Declarant

Former Testimony

Statement Under Belief of Impending Death

Declaration Against Interest

Statement of Personal or Family History

Statement Offered Against a Party That Wrongfully Caused the Declarant’s Unavailability

Residual Exception

Hearsay Within Hearsay

CHAPTER 10: Privileges
Attorney-Client Privilege

Clergy-Penitent Privilege

Physician-Patient Privilege

Psychotherapist-Patient Privilege

Husband-Wife Privilege

Government Privileges

News Media Privilege

CHAPTER 11: The Exclusionary Rule
The Exclusionary Rule

Debating the Exclusionary Rule

Invoking the Exclusionary Rule

Exceptions to the Exclusionary Rule

CHAPTER 12: Searches and Seizure and Privacy
The Historical Background of the Fourth Amendment


Informants and Electronic Eavesdropping

Plain View

Expectation of Privacy

Open Fields

Curtilage and Aerial Surveillance

Technology and Searches and Seizures

Public Places and Private Businesses

Abandoned Property

Seizures of Persons

CHAPTER 13: Stop and Frisk
Reasonable Suspicion

Informants and Hearsay

Drug Courier Profiles

Race and Reasonable Suspicion

The Scope and Duration of Terry Stops

Stop-and-Identify Statutes


CHAPTER 14: Probable Cause and Arrests

Probable Cause

Reasonableness and Arrests

Probable Cause, Warrants, and the Courts

Arrests and Warrants

CHAPTER 15: Searches and Seizures of Property
Search Warrants

Warrantless Searches

Consent Searches

Probable Cause Searches of Motor Vehicles

Other Warrantless Searches

CHAPTER 16: Interrogations and Confessions
Due Process

The Right Against Self-Incrimination

Miranda v. Arizona

Sixth Amendment Right to Counsel: Police Interrogations

CHAPTER 17: Eyewitness Identification
The Psychology of Identifications

The Sixth Amendment and Eyewitness Identifications

The Sixth Amendment and Critical Stages Of Criminal Prosecution

The Sixth Amendment and Prearraignment Identifications

The Sixth Amendment and Photographic Displays

The Due Process Test

Suggestiveness, Reliability and the Totality of Cricumstances

The Requirement of Police Involvement



Student Study Site

SAGE edge for Students provides a personalized approach to help students accomplish their coursework goals in an easy-to-use learning environment.

  • Mobile-friendly practice quizzes allow for independent assessment by students of their mastery of course material.
  • Mobile-friendly eFlashcards strengthen understanding of key terms and concepts.
  • An online action plan includes tips and feedback on progress through the course and materials, which allows students to individualize their learning experience.
  • Chapter summaries with learning objectives reinforce the most important material.
  • Multimedia content includes video and web resources that appeal to students with different learning styles.
Instructors Resource Site

SAGE edge for Instructors supports your teaching by making it easy to integrate quality content and create a rich learning environment for students.

  • Test banks provide a diverse range of pre-written options as well as the opportunity to edit any question and/or insert your own personalized questions to effectively assess students’ progress and understanding.
  • A Respondus electronic test bank is available and can be used on PCs. The test bank contains multiple choice, true/false, short answer, and essay questions for each chapter and provides you with a diverse range of pre-written options as well as the opportunity for editing any question and/or inserting your own personalized questions to effectively assess students’ progress and understanding. Respondus is also compatible with many popular learning management systems so you can easily get your test questions into your online course.

  • Editable, chapter-specific PowerPoint® slides offer complete flexibility for creating a multimedia presentation for your course.
  • Multimedia content includes video and web resources that appeal to students with different learning styles.
  • Lecture notes summarize key concepts by chapter to help you prepare for lectures and class discussions.

This book is exactly what I was looking for. It provides a comprehensive discussion of the laws of evidence while also providing details on Constitutional requirements.

Mr Matthias Woeckener
Criminal Justice Dept, Univ Of Nebraska At Kearney
August 23, 2022

Sample Materials & Chapters

Chapter 4

Chapter 16

For instructors

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