Criminal Evidence Quiz 2

Are fingerprints and shoeprints circumstantial evidence?

Yes, because an inference is made as to whether it is or isn't that person's shoe/fingerprint

Demeanor as evidence

Demeanor has been held to be evidence that might determine credibility, such as how they compose themselves, what they wear, etc

circumstantial evidence

(indirect evidence) evidence used to imply a fact but not prove it directly

Proving possession with intent to sell

Can prove when a defendant is apprehended in the act of selling the drugs, when they have a large quantity of packaged drugs in their possession, or possession of items associated with the drug trade

Credibility and Weight of evidence

It is up to the judge/jury to determine whether statements made by witnesses are to be believed and what weight to give them

Competency presumption

Law presumes that people are competent, but this may be challenged based on witness's inability to perceive, remember, or narrate the circumstances. Also the inability to understand the duty to tell the truth

Inferences

MAY be considered by the jury

Presumption of innocence

MUST be considered by the jury

Evidence

Means of establishing and proving the truth or untruth of any fact that is alleged

MO

Modus operandi, or the method of operation

How competency may be disproved

Party contending that a witness isn't competent has to prove they lack the ability to properly perceive or remember the circumstances in testimony

Factors considered when determining credibility and weight of a testimony

Perception, memory, and narration

Qualifications of being a witness

Personal knowledge, truthfulness, and competency

beyond a reasonable doubt

The level of proof required to convict a person of a crime

Children as witnesses age requirements

Under 7 are not competent to stand trial, 7-14 is rebuttable with the judge, and 14+ is generally presumed they're competent

Voir Dire

Used to describe preliminary examination used to determine whether a witness or juror is competent or qualified

Expert witness

a person who is permitted to testify at a trial because of special knowledge or proficiency in a particular field that is relevant to the case.

Finding illegal drugs in a vehicle

an officer may see or smell the drugs, or someone may have provided probable cause to believe that drugs were in the vehicle. Location, amount, criminal record of passenger and passenger relationship with owner/driver are circumstantial factors in determining who in the vehicle should be charged

Perception

did the witness have the opportunity to observe and perceive accurately?

Narration

does the testimony of the witness and the language used accurately describe the events?

Direct Evidence

evidence that (if true) proves an alleged fact, such as an eyewitness account of a crime

Corpus delicti

facts proving that a crime has been committed; body of the victim in a murder case; body of the crime

Memory

has the witness retained an accurate impression of what the witness saw, heard, or smelled and is their memory of events accurate?

Ordinary witness

may testify only to facts of which they have personal knowledge and may not testify as to their opinion

Subpoena

notice ordering someone to appear in court

Burden of persuasion

requires party with the burden to produce sufficient evidence to persuade the fact finder that a fact exists

Burden of production

requires the party with the burden on a factual issue to introduce sufficient relevant evidence to prove the fact at issue (production of evidence)

Subpoena duces tecum

the court command to a witness to produce at trial a certain pertinent document he or she holds

Truthfulness

the witness must declare he or she will testify truthfully- most witnesses take an oath swearing they will tell the truth

Competency

witness has to demonstrate the capacity to observe, remember, and narrate as well as to understand their duty to tell the truth

Personal knowledge

witness must have some personal knowledge of the matter before court