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Criminal Evidence

Criminal Evidence

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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  


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Chapter 16

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ISBN: 9781483359557