evidence law

Protection of the writ of habeas corpus and jury trials are found in the U.S

Constitution.

Through operation of the ____________ Amendment, many provisions of the Bill of Rights now also limit the power of the states.

Fourteenth

At the procedure termed ____________, the defendant will enter a formal plea to the charges.

arraignment

Under American law, the defendant is presumed innocent and the government must prove guilt

beyond a reasonable doubt.

A defendant's offer to plead guilty

cannot be used as evidence if the defendant goes to trial.

The ________ Amendment of the U.S. Constitution states that "Excessive bail shall not be required.

eighth

In general, only ____________ witnesses may testify as to their opinions or conclusions

expert

In terms of procedure,

felony and misdemeanor cases have exactly the same procedures.

Under the Sixth Amendment, defendants have a right to a/n ____________ jury.

impartial

if reliable, relevant evidence is otherwise excludable (e.g. it is privileged or was obtained in violation of the Constitution), such evidence is said to be

inconsequential.

Competent evidence is reliable, relevant evidence that

is not excluded by additional rules of evidence.

Defendants who decide to testify at their trial

may be cross-examined.

Circumstantial evidence frequently takes the form of showing that the defendant had means, opportunity, and

motive.

In the federal system and most states, if the defendant raises the insanity defense, the burden of proof is

on the defendant to prove the defense

In England, before the Norman invasion of 1066, guilt or innocence was determined by

ordeals.

The burden of __________requires the party with the burden to produce sufficient evidence to persuade the fact finder that a fact exists.

persuasion

As fact finders, the jury alone determines the ______ given to all evidence.

weight

Direct evidence is evidence that proves a fact

without the need of inferences or presumptions.

3. Define and describe an adversary system of justice. What role do the rules of evidence play in such a system? Be sure to provide examples.

- A legal system used in common law countries where two advocates represent their parties, this is when a jury or the judge attempt to determine the truth. Evidence plays a role in this because it will allow the jury to better their decision

5. Define, discuss, compare, and contrast the pleas of guilty, not guilty, and no contest (nolo contendere). Why would a person plead no contest rather than guilty?

- No contest plea is to avoid being sued civilly for confessing to a crime, pleading guilty means that you admit to the charges and have no defense for your action which allows the court to proceed with your punishment. Plea of guilty means admitting their guilt this would cancel the right to trial. Someone would rather plead no contest to because they will not be sued .

9. Discuss, define, compare, and contrast the law on the permissibility of ordinary and expert witnesses to give their opinions. Be sure to provide examples.

- Regarding an expert witness these are ones who have knowledge skill, education, experience, and training in the field and are qualifies to state courts. Ordinary witnesses can only consume their information based off of opinions or information they've personally observed

4. What is the Brady rule? Provide an example of a violation of this rule. What are the consequences of a violation of the Brady rule?

- The brady rule is a doctrine that is used during pretrial discovery, this means it is used at evidence based off of history. An example of a violation would be a lawyer keeping/hiding documents from the court to cover something up for their client.

8. Describe three inferences that are permitted under the law of evidence. What fact is each of these inferences attempting to establish?

- The three types of evidence include testimony, documentary evidence, and physical evidence,

7. Discuss, describe, compare, and contrast direct and circumstantial evidence. Be sure to give examples of each.

- When a witness, such as an eyewitness, asserts actual knowledge of a fact is direct evidence. evidence of facts and circumstances from which reasonable inferences may be drawn is circumstantial evidence

A suspect arrested without an arrest warrant must have a probable cause hearing before a judge or magistrate "promptly," within ___ hours of the arrest, including weekends and holidays.

48

The federal government requires a trial within _______ days for a felony unless the requirement for a speedy trial is waived.

70

The first ten amendments to the U.S. Constitution are known as the

Bill of Rights.

Under the ____________ rule, the prosecution must disclose exculpatory evidence to the defense.

Brady

At the federal level are the federal law enforcement agencies created by _______

Congress

In 1975, Congress enacted the ____________, which had great influence on state rules of evidence.

Federal Rules of Evidence

The privilege against self-incrimination (which includes the right of a defendant not to testify) is found in the ___________ Amendment.

Fifth

Which of the following is the weakest argument in favor of guilty plea pursuant to a plea bargain?

Pleas are a more open and well-informed procedure than a trial.

A criminal defendant's right to confront and cross-examine witnesses is found in the __________ Amendment.

Sixth

The Confrontation Clause is found in the __________ Amendment

Sixth

The right to a speedy and public trial is found in the __________ Amendment.

Sixth

1. The Magna Carta greatly influenced the American Declaration of Independence. Discuss, in detail, the ideals incorporated from the Magna Carta into the Declaration.

The manga carta influenced the 13 colonies and member of the congress, because it promised many things they include the declaration of independence to limit powers and so that no one could overrule.

The keystone of American federalism is the ________________.

U.S. Constitution

The 1670 jury trial of ____________ in England was an important milestone in establishing the independence of juries from influence by the government.

William Penn

The ______________ was the earliest legal procedure by which illegal or improper jailing or detention could be challenged in a court of law.

Writ of Habeas Corpus

In some instances, presumptions may operate against a defendant's right to ____________ and thus be unconstitutional.

a trial by jury

In the American ____________ system of criminal prosecution, the government must prove its case by evidence freely and independently secured and may not coerce the defendant to provide evidence.

accusatorial

An affirmative defense is one in which the defendant

admits doing the act but claims other matters that will result in an acquittal.

In a typical conditional plea, the defendant pleads guilty but reserves the right to

appeal certain issues.

In court, similar crimes by the defendant

are never admissible.

The purpose of _____ is to assure the defendant's appearance at trial.

bail

The prosecution has to prove the defendant's guilt

beyond a reasonable doubt.

The Federal Rules of Evidence and most state rules of evidence apply in ___________ trials.

both civil and criminal

The trial judge determines the _____________ of a witness.

competence

Questioning of a witness by the opponent of the party that called that witness is called ____________-examination.

cross

The rules of evidence

determine what information will be available to the judge or jury at trial.

Questioning of a witness by the party that called that witness is called ____________ examination.

direct

Every essential element of the crime charged must be proved by the government beyond reasonable __________in order to convict and punish a defendant for the crime charged.

doubt

Affirmative defenses include insanity, immunity, _______, and double jeopardy

entrapment

As fact finders, the jury determines whether sufficient ___________exists to justify a verdict of guilty.

evidence

Proof is the result of

evidence.

s ordinarily defined as the means of establishing and proving the truth or untruth of any fact that is alleged.

evidence.

Under American law, defendants have a right to a ________ trial.

fair

The Bill of Rights originally applied to the ______________ government.

federal

The Constitution allows, and certain states require, that defendants

give notice that they intend to use an alibi or insanity defense.

Because it is not required by the U.S. Constitution, only about half the states give defendants a right to

grand jury review.

In general, to be deemed a competent witness, the witness must, among other things,

have personal knowledge of the matters.

Circumstantial evidence is evidence that proves a fact in issue

indirectly or by inference.

_____________are reasonable conclusions or deductions that fact finders (juries or judges) may draw from the evidence presented to them.

inferences

In states that do not use grand juries, the formal charging document is the

information.

Inferences are reasonable conclusions that judges or juries

may draw if they so desire.

A defendant does not testify at his or her criminal trial. The judge or jury

may not use this as evidence of guilt or draw an inference of guilt.

3. The Magna Carta of 1215 was the first document establishing

minimum standards for arresting and imprisoning people accused of crimes

Plea bargaining may involve substituting a guilty plea to one offense for a trial on ________ offenses

multiple

Evidence of flight from the scene of a crime is

never sufficient by itself to establish guilt.

Another term for a no contest plea is a plea of

nolo contendere.

Evidence is not relevant (irrelevant) if it is

not related to any fact or issue in the case.

If a party believes that a question posed by the opponent is improper, that party must make a/n ____________ to that question.

objection

To be deemed a competent witness, the witness must have the capacity to

observe, remember, narrate, and understand the obligation to be truthful.

To validly enact federal statutes, Congress must be acting within

powers granted by the Constitution.

In our adversary system of justice, the defense and prosecution

present their best case and challenge the opponent's case.

Adult witnesses are

presumed competent unless shown to be incompetent.

The burden of ___________requires the party with the burden on a factual issue to introduce sufficient relevant evidence to prove the fact at issue.

production

The level of proof required in criminal cases is proof beyond a _________doubt.

reasonable

After a witness is subject to cross-examination, the party that called them originally may ask further questions under ____________ examination.

redirect

The Tenth Amendment to the U.S. Constitution states that powers not delegated to the United States are

reserved to the States or the people.

The concept of federalism means that government power is shared between

state and federal governments.

Most crimes committed in the U.S. are

state crimes

In most appeals,

the appeals court reviews the records for errors.

An indictment is a formal criminal charge issued by

the grand jury.

The rules of evidence are important not only to safeguard the rights of accused persons in a fair trial but also to ensure

the interests of the public in the proper functioning of the criminal justice system.

Children may testify only if

the judge allows them to testify after the child is questioned (voir dire).

In general, presumptions are inferences that

the judge or jury may make if they so desire.

In Holland v. U.S. (1954), the U.S. Supreme Court upheld an income tax evasion conviction on the basis of circumstantial evidence in the form of

the net worth method.

The American Declaration of Independence (1776) the government derives its powers from

the people by their consent.

An ordinary witness may give an opinion about

things which are in the common knowledge of most people.

In an Alford plea, the defendant pleads guilty but refuses

to admit guilt.

Evidence consists of the materials presented to the trier of fact

to convince them of the existence of a fact.

Reliable evidence is defined as evidence that is likely to be

true or accurate.

The burden of proof states the level of proof a part must meet to

ultimately win the case.

A defendant is found in possession of a very large quantity of illegal drugs. It is permissible to draw the inference that the possession was

with intent to deliver.