Criminal Evidence / Procedures

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

Ordeals

In an Alford plea, the defendant pleads guilty but refuses:

To admit guilt

The rules of evidence:

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

In terms of procedure:

felony cases involve more steps and protections for defendants than misdemeanor cases.

Evidence consists of the materials presented to the trier of fact:

to convince them of the existence of a fact.

If 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.

Direct evidence is evidence that proves a fact:

without the need of inferences or presumptions.

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

Fourteenth

The Confrontation Clause is found in the ________ Amendment

Sixth

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

Sixth

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

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

impartial

If the prosecution loses, misplaces, or destroys evidence important to the defense, this violates a defendant's rights only if the prosecution acted:

in bad faith.

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.

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

Fifth

In the U.S., the overwhelming majority of persons charged with felonies ultimately will plead:

Guilty

Reliable evidence is defined as evidence that is likely to be:

True Or Accurate

Evidence of prior similar crimes by the defendant:

is never admissible.

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

fair

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

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

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

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

appeal certain issues.

If a defendant wants to plead guilty, the defendant must:

waive a number of rights.

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

Arraignment

Protection of the writ of habeas corpus and jury trials, and bans on ex post facto laws, bills of attainder, and corruption of blood are found in the U.S.:

Constitution.

Proof is the result of:

Evidence

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

Federal Rules of Evidence

The Magna Carta of 1215 was the first document establishing:

Minimum standards or rights for those accused of crime.

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

Motive

If a defendant refuses to enter a plea, the court will enter a plea of:

Not Guilty

Most Crimes in the U.S. are:

State Crimes

An indictment is a formal criminal charge issued by:

The Grand Jury

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

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.

The prosecution has to prove the defendant's guilt:

beyond a reasonable doubt.

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 English common law writ (also adopted in the U.S.) that allowed a person to challenge the legality of their custody or imprisonment was the writ of:

habeas corpus.

The states and federal government:

have set up 51 different legal systems.

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:

incompetent

Circumstantial evidence is evidence that proves a fact in issue:

indirectly or by inference.

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

information.

Competent evidence is reliable, relevant evidence that:

is not excluded by additional rules of evidence.

As compared to other industrial democracies, the United States:

makes more use of the exclusionary rule.

Inferences are reasonable conclusions that judges or juries:

may draw if they so desire.

If 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.

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.

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.

The concept of federalism means that government power is shared between:

state and federal governments.

In most types of appeal in criminal cases:

the appeals court reviews the records for errors.

In general, presumptions are inferences that:

the judge or jury may make if they so desire.

The American Declaration of Independence (1776) recognized a new principle; government derived its powers from:

the people by their consent.

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

ultimately win the case.