Matthew Lippman

Criminal Evidence Matthew Lippman

Marc Notes: Taking an interactive approach, and referencing actual cases that illustrate the application of the law of evidence, this text highlights the theme of 'balancing of interests' to students of criminal justice. Table of Contents: 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 EvidenceCHAPTER 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 CorpusCHAPTER 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 LawCHAPTER 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 IntentCHAPTER 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 RecollectionCHAPTER 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 AnalysisCHAPTER 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 ExperimentsCHAPTER 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 ExhibitionsCHAPTER 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 HearsayCHAPTER 10: Privileges Attorney-Client Privilege Clergy-Penitent Privilege Physician-Patient Privilege Psychotherapist-Patient Privilege Husband-Wife Privilege Government Privileges News Media PrivilegeCHAPTER 11: The Exclusionary Rule The Exclusionary Rule Debating the Exclusionary Rule Invoking the Exclusionary Rule Exceptions to the Exclusionary RuleCHAPTER 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 PersonsCHAPTER 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 FrisksCHAPTER 14: Probable Cause and Arrests Arrests Probable Cause Reasonableness and Arrests Probable Cause, Warrants, and the Courts Arrests and WarrantsCHAPTER 15: Searches and Seizures of Property Search Warrants Warrantless Searches Consent Searches Probable Cause Searches of Motor Vehicles Other Warrantless SearchesCHAPTER 16: Interrogations and Confessions Due Process The Right Against Self-Incrimination Miranda v. Arizona Sixth Amendment Right to Counsel: Police InterrogationsCHAPTER 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"

Contributor Bio:  Lippman, Matthew R Matthew Lippman has taught criminal law and criminal procedure in the Department of Criminology, Law and Justice at the University of Illinois at Chicago (UIC) for more than twenty-five 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, a Master of Law 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, and Honors College Fellow of the Year 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 and author or co-author of six books. These publications focus on criminal law and criminal procedure, international human rights, and comparative law. He also is author of three other Sage volumes, "Contemporary Criminal Law Concepts, Cases, and Controversies", "Criminal Procedure", "Essential Criminal Law", and "Law and Society". 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 and Director of Undergraduate Studies and Director of Graduate Studies.