Law and Evidence-Exam 1

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

A trial by jury

An affirmative defense is one in which the defendant

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

In court, similar crimes by the defendant

Are never admissible

A defendants offer to plead guilty

Cannot be used as evidence if the defendant goes to trial

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

Congress

Protection of the writ of habeas corpus and jury trials found in the US

Constitution

Every essential element of the crime charged must be proven by the government beyond reasonable ______ doubt in order to convict and punish a defendant for the crime charged

Doubt

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

Eighth

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

Entrapment

Through operation of the _______ Amendment, many provisions of the Bill of Rights now also limit the powers of the states

Fourteenth

The Constitution allows, 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 the U.S., the overwhelming majority of persons charged with felonies ultimately will plead

Guilty

The English common law writ (also adopted in the US), which allowed a person to challenge the legality of their custody or imprisonment, was the writ of

Habeas corpus

The states and federal government

Have established 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

Inconsequential

The main actors at the trial are the judge, the _____, the prosecutor, and the defense attorney.

Jury

The United States, as compared to other industrial democracies

Makes more use of the exclusionary rule

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

Motive

Evidence of flight from the scene of a crime is

Never sufficient by itself to establish guilt

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

Persuasion

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

Most crimes committed in the U.S. are

State crimes

In most appeals

The appeals court reviews the record for error

The Magna Carta of 1215 was the first document establishing

The divine right of kings

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

In general, presumptions are inferences that

The judge or jury may make if they so desire

In an Alford plea, the defendant pleads guilty but refuses

To admit guilt

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

Ultimately win the case

If a defendant wants to plead guilty, the defendant must

Wave a number of rights

Direct evidence is evidence that proves a fact

Without the need of inferences or presumptions

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

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 waved

70

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

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

Appeal certain issues

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

Arraignment

The purpose of _________ is to ensure the defendant's appearance at trial

Bail

The prosecution has to prove the defendants guilt

Beyond a reasonable doubt

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

Beyond a reasonable doubt

The first Ten Amendments to the U.S. Constitution are known as the

Bill or Rights

The federal rules of evidence and most state rules of evidence apply in ______ trials

Both civil and criminal

Under the ______ rule, the prosecution must disclose exculpatory evidence to the defense

Brady

The rules of evidence

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

Proof is the result of

Evidence

_______ is 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

In 1975, Congress enacted the ______, which had great influence in state rules of evidence

Federal rules of evidence

In terms of procedure

Felony and misdemeanor cases have exactly the same procedures

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

Fifth

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

Impartial

If the prosecution destroys evidence important to the defense, this violated a defendant's right only if the prosecution acted

In bad faith

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

Competent evidence is reliable, relevant evidence that

Is not excluded by additional rules of evidence

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

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

Multiple

Another term for a no contest plea is a plea of

Nolo contendere

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

Not guilty

Evidence is not relevant (irrelevant) if it is

Not related to any fact or issue in the case

In the federal system and most states, if the defended 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

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

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

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 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 Confrontation Clause is found in the ________ Amendment

Sixth

The right to a speedy trial is found in the _______ Amendment

Sixth

The concept of federalism means that government power is shared between

State and federal governments

In Holland v. U.S. (1954), the 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

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 keystone to the American federalism is the _______

U.S. Constitution

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