Module 1

Inferences

A conclusion reached based on a presented fact.

The Bill of Rights originally applied to (the) ____ government.

Federal

Evidence consists of the materials presented to the trier of fact ___.

To convince them of the existence of a fact

A full confession given by a defendant is direct evidence.

True

Blood stains found at the scene of the crime match the defendant's blood is circumstantial evidence.

True

True or False: The first twelve amendments to the U.S. Constitution are called the Bill of Rights.

False

Burdens of Production

Party with the burden of proof must introduce evidence for the facts that need to be proved.

Evidence obtained as a result of wiretapping where a suspect admits to criminal action is direct evidence.

True

Fingerprints retrieved from the scene of the crime is direct evidence.

True

The defendant admits she was with the victim immediately before the victim was found dead is direct evidence.

True

True or False: One of the purposes of the rules of evidence is to help assure that defendants get a fair trial.

True

Presumptions

- A presumption allows a party to establish something as true without introducing other evidence of the fact presumed. - In criminal trials, all presumptions relating to the elements of the crime charged are rebuttable. This means the jury does not have to find the fact as true based only on the presumption alone and the defense may rebut the presumption by introducing other facts.

Burdens of Proof

- This refers to the duty of the party to prove the case. - In criminal cases, the prosecution has the burden of proof and must prove the case beyond a reasonable doubt. - The burden of proof can be analyzed as two separate burdens: - Burden of production - Burden of persuasion

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

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

Beyond a reasonable doubt

Presenting ___ is the means of proving the existence or non-existence of a disputed fact.

Evidence

Direct Evidence

Evidence that proves or disproves a fact without the need for inferences

Circumstantial evidence is evidence that proves a fact in issue ____.

Indirectly or by inference

Circumstantial evidence requires that the fact finder draw __.

Inferences

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

Inferences

Burdens of Persuasion

Party with the burden of proof must convince the jury that enough evidence has been presented to prove the fact exists.

Evidence

The means of establishing the truth or untruth of any fact that is alleged.

True or False: The defense carries the burden of proving the defendant is not guilty.

True

Direct evidence is evidence that proves a fact ___.

Without the need of inferences or presumptions

Circumstantial Evidence

a.k.a. "indirect evidence" Requires fact finders to draw an inference that the fact is true based on the evidence presented

___ refers to a system based on case law where judges follow the principle of stare decisis.

Common Law

The rules of evidence ____.

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

The prosecution must prove the defendant's guilt beyond (a) ____.

Reasonable Doubt

Evidence is ___ if it tends to prove or disprove a fact necessary to prove a crime or to prove a defense.

Relevant

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