Criminal Evidence

Criminal Evidence

By: Matthew Lippman (author)Paperback

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Using plenty of examples, public policy perspectives, and references to actual cases, this text features: Chapter Opening Vignette: Each chapter will be introduced by a vignette based on an actual case relating to the subject-matter of the chapter. Learning objectives which will be articulated at the beginning of each chapter. The applicable Federal Rules of Evidence, which will be reprinted and discussed throughout the text. These rules will be contrasted with previous approaches and the different approaches of various state codes will be noted. You Decide: The chapters will include three or four scenarios based on actual cases Discussion boxes: An "Evidence in the News" feature and an "Evidence and Public Policy" feature will be included in each chapter. Tables, diagrams, and excerpts from trial transcripts Each chapter will conclude with an edited legal case ("Case Analysis") that covers a challenging issue relating to the material covered in the chapter). Contemporary examples and issues, such as technology and scientific evidence and "false confessions" and current coverage of the Fourth, Fifth and Sixth and Fourteenth Amendment issues .

About Author

Matthew Lippman is Professor Emeritus at the University of Illinois at Chicago (UIC) and has taught criminal law and criminal procedure in the Department of Criminology, Law, and Justice for more than thirty years. He has also taught courses on civil liberties, law and society, and terrorism and teaches international criminal law at John Marshall Law School in Chicago. He earned a doctorate in political science from Northwestern University and a Master of Laws from Harvard Law School, and is a member of the Pennsylvania Bar. He has been voted by the graduating seniors at UIC to receive the Silver Circle Award for outstanding teaching on six separate occasions and has also received the UIC Flame Award from the University of Illinois Alumni Association, as well as the Excellence in Teaching Award, Teaching Recognition (Portfolio) Award, Honors College Fellow of the Year Award and HOPE Award. The university chapter of Alpha Phi Sigma, the criminal justice honors society, named him "criminal justice professor of the year" on three occasions. In 2008, he was recognized as College of Liberal Arts and Sciences Master Teacher. He was honored by the College of Liberal Arts and Sciences, which named him Commencement Marshal at the May 2012 graduation. . Professor Lippman is author of one hundred articles, two coauthored books and one single authored books. These publications focus on criminal law and criminal procedure, international human rights, and comparative law. He also is author of five other SAGE volumes, Contemporary Criminal Law: Concepts, Cases, and Controversies (5th ed., 2019); Criminal Procedure (3rd ed., 2017); Law and Society (2nd ed. 2018); Criminal Evidence (2016) and Striking the Balance: Debating Criminal Justice and Law (20188). His work is cited in hundreds of academic publications and by domestic and international courts and organizations. He has also served on legal teams appearing before the International Court of Justice in The Hague, has testified as an expert witness on international law before numerous state and federal courts, and has consulted with both private organizations and branches of the U.S. government. Professor Lippman regularly appears as a radio and television commentator and is frequently quoted in leading newspapers. He has served in every major administrative position in the Department of Criminology, Law, and Justice including Department Head, Director of Undergraduate Studies, and Director of Graduate Studies.


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

Product Details

  • ISBN13: 9781483359557
  • Format: Paperback
  • Number Of Pages: 496
  • ID: 9781483359557
  • weight: 970
  • ISBN10: 1483359557

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