CHAPTER 1: Introduction
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
The Development of Due Process
Do We Need Rules of Evidence
CHAPTER 2: The Criminal Justice Process
Suppression Hearings And Pretrial Motions
The Judicial Sentencing Process
Sentencing Guidelines and the Rule of the Jury in Sentencing
CHAPTER 3: Types of Evidence
Exclusion of Relevant Evidence Based on Prejudice and Other Concerns
Direct and Circumstantial Evidence
Testimonial and Real Evidence
Presumptions and Criminal Law
CHAPTER 4: Direct and Circumstancial Evidence
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
Other Acts Evidence and Circumstantial Evidence of Identification
Other Acts Evidence and Circumstantial Evidence of Intent
CHAPTER 5: Witnesses
Crimes Involving a Dishonest Act or False Statement
Character for Truthfulness
Uncharged Crimes and Immoral Acts
Prior Inconsistent Statements
Physical and Psychological Incapacity
CHAPTER 6: Witnesses: The Opinion Rule and Expert Testimony
Qualifying an Expert Witness
Testimony on Ultimate Issues
Scope of Expert Testimony
CHAPTER 7: Crime Scene Evidence and Experiments
Laying the Foundation for Scientific Evidence
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
Authentication of Objects
Authentication of Voice Communication
Application of the Best Evidence Rule
Models, Maps, Diagrams, and Charts
CHAPTER 9: Hearsay
The Development of the Rule Against Hearsay
The Definition of Hearsay
The Reasons for the Hearsay Rule
The Sixth Amendment and Hearsay
Exceptions to the Hearsay Rule
Admission and Confessions
Hearsay Exceptions When Declarant Is Not Required to Be Available
Then-Existing Mental, Emotional, or Physical Condition
Medical Treatment-Diagnosis
Absence of Business Records
Unavailability of Declarant
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
CHAPTER 10: Privileges
Attorney-Client Privilege
Clergy-Penitent Privilege
Physician-Patient Privilege
Psychotherapist-Patient Privilege
CHAPTER 11: 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
Curtilage and Aerial Surveillance
Technology and Searches and Seizures
Public Places and Private Businesses
CHAPTER 13: Stop and Frisk
Race and Reasonable Suspicion
The Scope and Duration of Terry Stops
Stop-and-Identify Statutes
CHAPTER 14: Probable Cause and Arrests
Reasonableness and Arrests
Probable Cause, Warrants, and the Courts
CHAPTER 15: Searches and Seizures of Property
Probable Cause Searches of Motor Vehicles
Other Warrantless Searches
CHAPTER 16: Interrogations and Confessions
The Right Against Self-Incrimination
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
Suggestiveness, Reliability and the Totality of Cricumstances
The Requirement of Police Involvement