CJ 433 Midterm

Describe & distinguish between a syndrome and a profile.

Syndrome- a pattern of behavior or mental attitude exhibited by a particular person; why a person acts a certain way Profile- common characteristics shared by certain types of offenders; intended to lead to conclusion that because person fits profile= guilty

Describe the three types of evidence.

Testimonial- spoken or written communication made by a competent witness intended to convey a message Real- tangiable items that can be displayed to the trier of fact Documentary- documents and writings

execution

a document was written or adopted by the signer

Daubert Test

a two-tailed test used to determine if the field of the expert witness has reached the level of "scientific knowledge"

concerns a persons understanding of what is means to tell the truth

competency

documentary evidence

consists of documents and writings

objection overruled

occurs when the judge does not agree with the grounds of objection and allows the witness to answer the question

Privileged Communication

occurs when the law protects certain communications from being revealed in court

witness exclusion

occurs when witnesses are excluded from hearing the testimony of other wintesses prior to their turn on the witness stand

subpoena ducestecum

official court document requiring that a witness produce certain documents or materials to court

stare decisis

"let the decision stand" if there is a prior decision on a legal issue that applies to a current case, the court will be guided by that prior decision and apply the same legal principles in the current case

What are the 3 prerequisites for expert testimony before it may be accepted by the court?

1. there must be a need for expert testimony 2. there must be sufficant established body of knowledge on the subject about which the expert will testify 3. the witness must be shown to have background necessary to qualify as an expert in the field

at common law there is an irrebuttable presumption that children under what age are considered incompetent

7

Explain the best evidence rule. What is it? What is it not? How does the rule relate to hearsay?

BER- the "documentary originals" rule Rule of preference requiring that, when the contents of a document are at issue, the contents should be proved by the original writing and not by secondary evidence BER focuses on the accuracy of the conents and hearsay focuses on the truth or falsity of the contents

Name and explain the types of demonstrative evidence.

Drawings and diagrams

Describe authentication. List 2 ways to authenticate a document.

Is required only when the proponent seeks to prove a point By direct evidence or circumstantial evidence

State the Opinion Rule and explain how it applies to testimony of lay and expert witnesses.

Lay opinion- evidence given by a witness who has not been presented as, and is not qualified to be, an expert Expert witness- defined as someone who knows more about the subject of his or her testimony than would the average juror Opinion Rule-what is presented to the jury should be the most concrete form of evidence possible

Is real evidence protected by the Fifth Amendment? Why or why not?

No because of the Supreme Courts decision in Schmerber v Cali; self-discrimination protection only applies to testimonial evidence

Explain the concepts of "present memory revived" and "past memory recorded"

Past- written document becomes a substitute for a witness's memory Present- after a witness views the document and memory refreshed

which of the following would NOT be circumstantial evidence that a person had the ability to commit a crime?

a murderer hated the victim

which is NOT true regarding mental incapacity and competency to be a witness

a person judged insane cannot testify under any circumstances

which of following would NOT circumstantial evidence that a person was acting guilty

a person who had a dispute with a neighbor turned up dead

which of the following would NOT be circumstantial evidence that a person had the motive to commit a crime

a person who stolen money from an employer later left the country

In Camera

a private hearing, often held in the judges chambers

affirmative defense

a response made by the defendant to a charge in a criminal trial and raised after prosecution has rested its case

collective facts doctrine

allows a witness to offer opinion where recitation of factual perceptions would not convey to the jury what the witness heard or observed

Secondary Evidence

any evidence of the contents of a writing other than the original

the court and the jury in a criminal case know nothing about the dispute between the 2 parties involved. The court and the jury can come to know about the dispute only through evidence properly introduced; this defines

blank pad rule

statutes are often written

broadly

the burden of persuasion is commonly referred to as

burden of proof

when the defense raises insanity as an affirmative defense, the burden of proof____

clear and convincing evidence

the presence of particular characteristics and the absence of particular disabilities that render the witness legally qualified to testify in court define____

competency

self-defense

defendant must show he used force to repel an imminent unprovoked attakc and only used as much force as reasonably and honestly believed was necessary

evidence that proves a fact without the need for a juror to infer or presume anything from it is

direct evidence

inculpatory

evidence that tends to show the defendants guilt

Chain of Custody

for real evidence to be admitted, one must show that the evidence was in constant possession or custody if one or more persons typically charged with handling evidence

freedom of information act

grants the public access to most, but not all government documents

_____ is/are NOT mandatory

inferences

an example of an excuse defense is

insanity

the term "mens rea" refers to the

intent of the offender

six grounds for challenging witness competency

interest infants insanity idolatry infamy

importance of common law to our system of law today

it's a judge made law

common law was developed by _____

judges

legalese for "pre-existing or common knowledge" is

judicial notice

the power of the court to examine a law and determine whether the law is constitutional is called

judicial review

Relevancy

logical relationaship between evidence and a fact in issue or to be established

What are the two separate parts of the husband-wife privilege

marital testimony privlege and marital communications privilege

inscribed chattels

marks of affiliation that include logos, badges, crests

attestation

means that the signer examined the document after the fact and found it to be a genuine document or public record

mistake defense

mistake of law vs mistake of fact

which terms means the "method of operation"?

modus operandi

consent

must be voluntary knowing and intelligent, can be no duress or trickery

execution of public duties

police officers or soldiers may use reasonable force in executing duties

in civil matters, the burden of proof is typically by____

preponderance of the evidence

_____ is/are typically mandatory (the jury is required to draw some conclusion).

presumptions

Witness Sequestration

process that keeps witnesses separated while they are outside the courtroom

ultimate issue rule

prohibits witnesses from expressing opinions on final issues of which the judge or jury was charged with deciding

who has to meet the burden of proof

prosecutors

admissions doctrine

provides that production of the original is unnecessary where the opponent admits to the contents of the writing, recording, or photograph

when the pary against whom the presumption operated may introduce evidence to disprove the presumption, it is a

rebuttable presumption

insanity defense

refers to lack of criminal culpability due to mental illness or defenct; lack or mens rea

material evidence

significantly affects that matter at issue in a case

what phrase specifically means "let the decision stand"?

stare decisis

the essence of the 14th amdenment was to bar _____ from infringing on individuals rights

state governments

Foundation

steps that must be completed before real evidence can be considered admissible in court

Declarations

sworn statements

affidavits

sworn statements

confrontation clause

the defendant is entitled to be confronted with the witnesses against him

which would allow a prior conviction to be introduced to impeach a witness

the probative value outweighed the prejudicial value

What protection does the Fifth Amendment give to witnesses?

the right to not incriminate themselves

derivative use immunity

the state cannot use any evidence derived from the immunized testimony against the witness

product rule

used to determine the likelihood of events occurring in isolation.

intoxication(excuse)

voluntary vs involuntary intoxication

Duress (excuse)

when defendant is subjected to threat of actual physical or mental harm for the purpose of inducing the defendant to commit the crime

what is the differnece between competency and witness credibility

witness competency has to deal with if the witness has the ability to know the importance of telling the truth and knowledge of the events whil witness credibility has to deal with their prior experiences of being truthful

hostile in law

witness who identifies with an adverse party

which is true of impeachment

any party may impeach the credibility of any witness

the doctrine stating that people need not retreat and may defend themselves in their own home is the ____

castle doctrine

compulsory process clause

clause within the 6th amendment that says a witness may be compelled or forced as a witness

Explain the difference between witness competency & witness privilege

competency- able to tell the truth and recollect the events of the crime privilege- gives the option of the witness to not testify or can prevent them from testifying

supporting evidence is

corroborating evidence

subpoena

court order requiring the presence of a particular witness

what is the differenct been cumlative evidence and corroborative evidence

cumlative evidence repeats what is already known while corroborative evidence supports another witness's testimony; it adds more facts

exculpatory

evidence that tends to show the defendants innocence

competent evidence

evidence which is in a form that a jury is permitted to see or hear. Evidence not gathered illegally

the bill of rights originally applied only to the

federal government

a "writing"

includes every means of recording upon any tangible thing any form of communication or representation

a person with prior convictions cannot tesifty if the conviction was in the last year; for a felony; ever; none of these

none of these

excuse defense

raised when the defendant admits that he or she did, was wrong but argued that under the circumstances, he or she is not responsible for the improper conduct

unspoken judicial notice is

tacit judicial notice

beneficial testimony

testimony that is favorable to the DEFENDANT

Explain what is meant by "the holder of the privilege."

the person who has the right to keep certain information from being revealed

in most states, when the defense raises an affirmative defense, the burden of proof is ____

the preponderance of the evidence

Precedent

the principle that all courts in a state are bound to follow the decisions of the highest court in the state

what is the reason for oath of affirmation

to let the witeness understand the need of them telling the truth

hostile in fact

witness who is resistant or uncoorperative

legally operative conduct

words that affect the legal relationship of the parties, especially words in a contract

leading question

a question that suggests the answer to the witness

voir dire

a questioning process used either with jurors and expert witnesses

which of the following occurs when the prosecution and defense agree upon a certain fact

a stipulation

news reporter source privilege

allows the media to refuse to reveal their sources of information

Frye Test

another test to determine whether expert testimony is based on scientific knowledge that is generally accepted and reliable in the relevent field

exclusionary rule

any evidence obtained by LEO's in violation of the 4th amendment guarantee against unreasonable searches and seizures is not admissible in criminal trial to prove guilt

Use Immunity

anything the witness says on the stand cannot be used against them in a criminal proceeding

what type of jurisdiction allows a court to review the decisions of other courts

appellate

in criminal trials, the burden of proof is by____

beyond a reasonable doubt

transactional immunity

extends immunity to matters discussed far beyond the scope of the questions asked. The witness cannot be prosecuted for any activities about which the witness testifies

14th Amendment

no state shall make or enforce any law which shall abridge the privileges or immunties of citizens of the US

testimonial privilege

occurs when a witness is either shielded or barred from testifying

obection sustained

occurs when the judge agrees with the grounds of the objection and prohibits the witness from answering the specific question posed

defense of others or property

other persons mist be in position to legally use self-defense

What is the purpose of the confidential informant privilege?

permits LE agencies to refuse to disclose the idenitity of an informant in a criminal investigation

infancy defense

person below the age of 7, lack the mental credibility to form mens rea

depositions

pre-trial discovery technique wherein witnesses give sworn testimony

justification defense

raised when the defendant admits that he or she is responsible for the acts but claims, that under the circumstances, the act was not criminal, that what he or she did was lawful

adverse testimony

testimony that is harmful to the defendant

defendants privilege

the 5th amendment privilege against self-incrimination

credibility is

the believability of the witness

burden of proof

the burden is places upon a party to convince the jury with regard to a particular issue

which party must introduce evidence of character before is is considered relevant

the defense

When are communications covered by the marital communications privilege? When are they not?

Covered- when they are married Not covered- when they are legally divorced

evidence

must be relevant and competent

which constitutional amendment guarantees the right to face ones accuser

6th

how many amendments are in the bill of rights

10