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Criminal Evidence
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Criminal Evidence

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April 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

 
Precedent

 
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

 
Arraignment

 
Suppression Hearings And Pretrial Motions

 
Discovery

 
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
Relevance

 
Competence

 
Exclusion of Relevant Evidence Based on Prejudice and Other Concerns

 
Direct and Circumstantial Evidence

 
Testimonial and Real Evidence

 
Substitutes for Evidence

 
Stipulations

 
Judicial Notice

 
Presumptions

 
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

 
Hypnosis

 
Child Testimony

 
Judges as Witnesses

 
Jurors as Witnesses

 
Spousal Competence

 
Religion

 
Mental Incapacity

 
Impeachment

 
Bias

 
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

 
Rehabilitation

 
Corroboration

 
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

 
Experiments

 
 
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

 
Searches

 
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

 
Frisks

 
 
CHAPTER 14: Probable Cause and Arrests
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

 

Supplements

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.
Key features

KEY FEATURES:

  • An integrative theme balances different interests in the application of evidence law, such as relevance versus  prejudice and efficiency balanced against reliability
  • Chapter-opening vignettes introduce readers to a real-life case related to  the subject matter of the chapter coverage 
  • Test Your Knowledge questions appearing at the beginning of each chapter spark student interest by showing them what they know and don’t know  prior to reading the upcoming chapter text
  • You Decide scenarios based on actual cases appear in each chapter to create an interactive experience by asking students to apply the law to real cases
  • Criminal Evidence in the News features provide readers with contemporary examples that are relevant to the concepts being introduced
  • Criminal Evidence and Public Policy sections relate evidence to larger public policy issues
  • A Case Analysis concluding each chapter examines a legal case covering a challenging issues relating to the material covered in the chapter
  • The Federal Rules of Evidence are discussed throughout the text to contrast and compare different approaches of various state codes
  • Chapter Review Questions act as a learning tool to help reinforce important concepts and to confirm understanding of the chapter

Sample Materials & Chapters

Chapter 4

Chapter 16


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