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Each Chapter opens with a list of key terms and an Introduction, and ends with a Summary, Discussion Questions, suggestions for further reading, and a list of cited cases | |
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Preliminary Matters/ Setting The Stage | |
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Introduction | |
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The Development of Law | |
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Precedent and stare idecisis/i | |
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Sources of Law | |
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Sources of Individual Rights | |
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The Constitution | |
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The Bill of Rights | |
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Standard of Review | |
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Incorporation of the Bill of Rights | |
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Judicial Review | |
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Rules of Evidence | |
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Purpose | |
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History | |
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The American Criminal Court System | |
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Jurisdiction | |
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The Federal Courts | |
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District Courts | |
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Courts of Appeals | |
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The Supreme Court | |
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The State Courts | |
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Court Actors | |
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Judges | |
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Prosecutors | |
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Defense Attorneys | |
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Overview of the Criminal Process | |
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Pretrial Proceedings | |
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Pretrial Motions | |
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Jury Selection | |
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The Trial | |
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Sentencing | |
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Appeals | |
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Some Important Underlying Concepts | |
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Burdens of Proof and Production | |
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The Burden of Production | |
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The Burden of Proof | |
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The Reasonable Doubt Standard | |
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Other Standards for the Burden of Proof | |
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The Exclusionary Rule | |
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History of the Exclusionary Rule | |
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Exceptions to the Exclusionary Rule | |
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Affirmative Defenses | |
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Justification Defenses | |
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Self-defense | |
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Consent | |
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Execution of Public Duties | |
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Excuse Defenses | |
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Duress | |
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Intoxication | |
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Mistake | |
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Age | |
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Insanity | |
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Forms of Evidence | |
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Types of Evidence | |
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Direct and Circumstantial Evidence | |
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Circumstantial Evidence | |
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Ability to Commit the Crime | |
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Intent or Motive | |
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Consciousness of Guilt | |
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Evidence Involving the Victim | |
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Evidence Involving the Character of the Suspect or Victim | |
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Judicial Notice | |
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Who Is Responsible for Judicial Notice? | |
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Varieties of Judicial Notice | |
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Judicial Notice of Adjudicative Facts | |
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The "Indisputable" Component | |
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The Common Knowledge Component | |
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The Ascertainable Fact Component | |
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Procedure for Judicial Notice | |
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More Benefits of Judicial Notice | |
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Criticisms of Judicial Notice | |
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Presumptions and Inferences | |
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Distinguishing between Presumptions and Inferences | |
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Conclusive Versus Rebuttable Presumptions | |
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Presumptions of Law Versus Presumptions of Fact | |
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The Effect of Presumptions | |
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The Need for Presumptions and Inferences | |
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Types of Presumptions | |
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The Presumption of Innocence | |
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The Presumption of Sanity | |
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The Presumption against Suicide | |
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The Presumption of a Guilty Mind Following Possession of the Fruits of Crime | |
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The Presumption of Knowledge of the Law | |
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The Presumption of the Regularity of Official Acts | |
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The Presumption that Young Children Are Not Capable of Committing Crime | |
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The Presumption that People Intend the Consequences of Their Voluntary Actions | |
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The Presumption of Death Following a Lengthy Unexplained Absence | |
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A Quick Summary | |
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Constitutional Requirements for Presumptions | |
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Stipulations | |
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Obtaining Evidence: Arrest and Search Proceedures | |
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Obtaining Evidence and the Fourth Amendment | |
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The Fourth Amendment: An Introduction | |
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Important Issues in Fourth Amendment Jurisprudence | |
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A Framework for Analyzing the Fourth Amendment | |
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Government Action: Searches and Seizures | |
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When a Search Occurs | |
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When a Seizure Occurs | |
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When a Search/Seizure is Reasonable: The Doctrine of Justification | |
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Probable Cause | |
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Reasonable Suspicion | |
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Administrative Justification | |
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Arrests and Seizures with Warrants | |
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Search and Arrest Warrant Components | |
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Arrest Warrants | |
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When Arrest Warrants Are Required | |
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Executing Arrest Warrants | |
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Search Warrants | |
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Executing Search Warrants | |
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Special Considerations | |
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Special Circumstances | |
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Search Warrants and Bodily Intrusions | |
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Administrative Searches | |
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Anticipatory Search Warrants | |
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Preserving Evidence: Exceptions to the Warrant Requirement | |
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Arrests and Searches without Warrants | |
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Warrantless Actions Based on Probable Cause | |
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Searches Incident to Arrest | |
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Exigent Circumstances | |
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Hot Pursuit | |
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Likelihood of Escape or Danger to Others"Evanescent" Evidence | |
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Automobile Searches | |
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Plain View Doctrine | |
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Lawful Access Requirement | |
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Immediately Apparent Requirement | |
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Warrantless Actions Based on Reasonable Suspicion | |
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Warrantless Actions Based on Administrative Justification | |
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Inventories | |
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Inspections | |
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Checkpoints | |
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School Disciplinary Searches | |
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Searches of Government Employee Offices | |
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Drug and Alcohol Testing | |
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Employee Testing | |
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Hospital Patient Testing | |
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Public School Students | |
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Probation Supervisions Searches | |
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Warrantless Actions Based on Consent | |
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Voluntariness Requirement | |
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Scope of Consent Searches | |
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Third Party Consent | |
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Self-Incrimination, Confessions and Identification Procedures | |
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The Fifth Amendment and Self-Incrimination | |
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Compulsion | |
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Compulsion during Questioning | |
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Compulsion via Written Documents | |
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Threats of Sanctions | |
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Incrimination | |
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The "Testimonial Evidence" Requirement | |
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The Meaning of "Self" in Self-Incrimination | |
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Confessions | |
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The Various Approaches to Confession Law | |
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The Due Process "Voluntariness" Approach | |
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The Sixth Amendment Approach | |
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The Miranda Approach | |
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Custody | |
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Interrogations | |
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Substance and Adequacy of the Warnings | |
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Waiver of Miranda | |
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Other i | |
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Miranda/i Topics | |
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The Role of the Exclusionary Rule in the Confession Analysis | |
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Confessions and Standing | |
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Confessions and Impeachment | |
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Confessions and Fruit of the Poisonous Tree | |
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Identification Procedures | |
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Constitutional Restrictions on Identification Procedures | |
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Right to Counsel | |
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Due Process | |
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The Fifth Amendment | |
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The Fourth Amendment | |
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The Fourth Amendment | |
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Identification Procedures | |
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Lineups | |
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Showups | |
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Photographic Identifications | |
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Criminal Evidence | |
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Witness Competency, Credibilty and Impeachment | |
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Competency | |
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Grounds for Challenging Competency | |
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Mental Incapacity | |
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Childhood | |
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Spousal Relationships | |
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Controversial Issues in Spousal Testimony | |
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Prior Convictions | |
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Religious Beliefs | |
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Judges and Jurors as Witnesses | |
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Summary | |
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The Duty to Tell the Truth | |
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The Ability to Observe and Remember | |
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Dead Man's Statutes | |
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When Corroboration Is Required | |
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Witness Credibility | |
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Impeachment | |
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Bias or Prejudice | |
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Prior Convictions | |
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Uncharged Crimes and Immoral Acts | |
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Contradictions and Prior Inconsistent Statements | |
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Inability to Observe | |
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Reputation | |
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Rehabilitation | |
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Examining Witnesses | |
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Securing the Attendance of Witnesses | |
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Types of Witnesses | |
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Expert Witnesses | |
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Types of Experts | |
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The Prerequisites for Expert Testimony | |
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The Third Prerequisite in Depth: Deciding Who Is an Expert | |
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Court-Appointed Experts | |
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Subjects of Expert Witness Testimony | |
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Lay Witnesses | |
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Lay and Expert Witness Protection under the Fifth Amendment | |
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The Accused as a Witness | |
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How Witnesses Are Examined | |
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Order and Scope of Questions | |
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Direct Examination | |
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Cross-Examination | |
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Redirect Examination | |
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Recross-Examination | |
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The Form of Questions | |
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Identifying a Leading Question | |
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Leading Questions during Direct Examination | |
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Leading Questions during Cross-Examination | |
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Refreshing Witness's Memory | |
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Objections to Questions | |
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Substantive Objections | |
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Other Objections | |
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Preventing Abuse of Witnesses during Examination | |
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Calling and Questioning by the Court | |
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Witness Sequestration and Exclusion | |
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Opinion Testimony | |
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The Opinion Rule | |
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Facts and Opinions | |
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Personal Knowledge and Opinions | |
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Lay Witness Opinions | |
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The Collective Facts Doctrine | |
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The Basis for Lay Opinions | |
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Subjects of Lay Opinion | |
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The Ultimate Issue Rule | |
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Expert Witness Opinions | |
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Bases for Expert Opinions | |
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Disclosing Facts and data | |
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Testimonial Privileges | |
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Introduction | |
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Privileges and Witness Competency | |
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Waiver | |
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History of Testimonial Privileges | |
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Purpose of Testimonial Privileges | |
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The Privilege against Self-Incrimination | |
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Immunity | |
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Privileged Communications | |
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Major Forms of Testimonial Privileges | |
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Husband and Wife Privilege | |
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Marital Testimony Privilege | |
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Marital Communications Privilege | |
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Attorney and Client Privilege | |
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Crime Fraud Exception | |
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Client Perjury | |
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Limitations on the Privilege | |
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Doctor and Patient Privilege | |
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Limitations on the Privilege | |
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Psychotherapist-Patient Privilege | |
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Clergy and Penitent Privilege | |
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State Secrets Privilege | |
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Limitations on the Privilege | |
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Confidential Informant Privilege | |
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News Reporter and Source Privilege | |
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Privileges in Civil Cases | |
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The Hearsay Rule | |
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Origins of the Hearsay Rule | |
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Hearsay and the Sixth Amendment | |
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Problems with Hearsay | |
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Misperception and Misunderstanding | |
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Faulty Memory | |
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The Risk of Uncertainty | |
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Narrative Ambiguity | |
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For the Truth of the Matter Asserted | |
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Legally Operative Conduct | |
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Effect on Hearer | |
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Circumstantial Evidence of a Declarant's State of Mind | |
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Prior Statements | |
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Determining the Matter Asserted | |
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Multiple Hearsay and Nonverbal Statements | |
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Exemptions and Exceptions Distinguished | |
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Statements Not Considered Hearsay: Hearsay Exemptions | |
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Prior Statements | |
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Admissions by Party Opponents | |
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Hearsay Exceptions | |
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Hearsay Exceptions | |
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Unrestricted Hearsay Exceptions | |
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Present Sense Impressions | |
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Excited Utterances | |
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Then Existing Mental, Emotional, or Physical Condition | |
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Statements for Medical Diagnosis/Treatment | |
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Past Recollection Recorded | |
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The Business Records Exception | |
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The Official (Public) Records Exception | |
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The Vital Statistics Exception | |
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The "Silent Hound" Exceptions | |
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Miscellaneous Hearsay Exceptions | |
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Hearsay Exceptions Requiring "Unavailability" of the Declarant | |
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The Former Testimony Exception | |
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Dying Declarations | |
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Declarations against Interest | |
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Statements of Family History | |
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Forfeiture by Wrongdoing | |
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The Residual (Catchall) Hearsay Exception | |
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Hearsay Procedure | |
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How Different Types of Evidence are Introduced | |
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Authentication | |
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Authentication of Documents | |
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Authentication of Objects | |
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Authentication of Voices | |
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Self-Authentication | |
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Best Evidence Rule | |
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The Best Evidence Rule Is Not Authentication | |
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Definitions | |
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The Rule in Operation | |
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Proving Content | |
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Legally Operative Conduct | |
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Matters Incidentally Record | |
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Memorialized and Recorded Transactions | |
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Testimony about Rules | |
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Admissibility of Duplicates | |
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Special Problems | |
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When the Original Cannot Be Obtained | |
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Lost Original | |
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Unavailable Original or Beyond Reach of Judicial Process | |
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Original in Possession of Opponent | |
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Collateral, Official, and Voluminous Writings | |
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The Admissions Doctrine | |
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Best Evidence Rule Procedure | |
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Real/Physical Evidence | |
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Real Evidence and the Fifth Amendment | |
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Admissibility Requirements | |
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Chain of Custody | |
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Types of Real Evidence | |
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Exhibition of a Person | |
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Items Connected to the Crime | |
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Photographs | |
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Sound Recordings | |
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Videotapes/Motion Pictures | |
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X-rays | |
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Viewing the Crime Scene | |
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What about Scientific Evidence? | |
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Demonstrative Evidence | |
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Drawings and Diagrams | |
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Displays and Demonstrations | |
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Computer Animations | |
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Experiments | |
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Scientific Evidence | |
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Statistics | |
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DNA Evidence | |
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Polygraph Evidence | |
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The Reliability of Eyewitness Identification | |
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Syndromes and Profiles | |
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Battered Woman Syndrome | |
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Rape Trauma Syndrome | |
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Abused Child Syndrome | |
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Criminal Profiles | |
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Issues in Evidence | |
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Wrongful Convictions | |
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The Magnitude of the Problem | |
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Advocacy Organizations | |
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Selected Cases | |
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Remedies for the Wrongfully Convicted | |
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Section 1983 Claims | |
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Federal and State Tort Claims | |
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Ineffective Assistance of Counsel | |
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Moral Obligation Bills | |
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Current Federal and State Compensation Statutes | |
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Successful Recovery for the Wrongfully Convicted | |