AJ14 - Midterm

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

Children may testify only if __________.

Waive a number of rights.

If a defendant wants to plead guilty, the defendant must ________________.

objection

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

is important but not determinative.

In considering whether children are competent to testify, age _____.

May be admissible under some circumstances

In court, information that the defendant has committed similar crimes in the past ________________.

expert

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

have personal knowledge of the matters.

In general, to be deemed a competent witness, the witness must __________________

the appeals court reviews the records for errors.

In most types of appeal in criminal cases ________________

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

In our adversary system of justice, the defense and prosecution:

Information.

In states that do not use grand juries, a case can begin with the filling of a(n) ___________

Felony cases involve more steps than misdemeanor cases.

In terms of procedure, __________

accusatorial

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.

Guilty

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

Trial by battle

It is 1166 A.D and English Lord William Smith has been accused of crimes against the Crown by Lord Richard Mason. He has been brought before the King to answer and be judged for his alleged crimes. If found guilty of the alleged crimes, he will not likely be put to death. Under the system of his time, what legal defense could Lord Smith use to prove his innocence?

Presumption

McCormick on Evidence states that ______________ "is the slipperiest member of the family of legal terms" because it is used in so many different ways.

State Crimes

Most Crimes in the U.S. are _________.

Federal

The Bill of Rights originally applied to the ________ government.

Sixth

A criminal defendant's right to compel the appearance of witness at trial is found in the ____ Amendment.

Sixth

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

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

A defendant's offer to plead guilty _____________

presumed competent unless shown to be incompetent.

Adult witnesses are __________.

Entrapment

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

The Grand Jury

An indictment is a formal criminal charge issued by _____________

Congress

At the federal level are the federal law enforcement agencies created by ___________.

Arraignment

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

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

If a defendant does not testify at his or her criminal trial, the judge or jury ______________.

Multiple

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

Evidence

Proof is demonstrated by

cross

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

Sixth

The Confrontation Clause is found in the ________ Amendment.

Habeas corpus

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 ______________.

Reserved to the States or the People.

The Tenth Amendment to the US Constitution states that powers not delegated to the United States are __________.

U.S. Constitution

The keystone to the American federalism is the _______

beyond a reasonable doubt.

The level pf proof required in criminal cases is proof beyond a _______________ doubt.

Fourteenth

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

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

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

Fair

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

Beyond a reasonable doubt

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

Impartial

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

Use the inquisitorial system.

Unlike the United States, most European democracies ___________.

bring certain items or records with them to court.

A subpoena duces tecum is a subpoena that orders the person to __________.

48

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

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

An affirmative defense is one in which the defendant ________________.

not related to any fact or issue in the case.

Evidence is not relevant (irrelevant) if it is ____________.

never sufficient by itself to establish guilt.

Evidence of flight from the scene of a crime is ____________.

with intent to deliver.

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 _____________.

Not Guilty

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

direct

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

The people by their consent

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

Minimum standards for arrest and imprisonment.

The Magna Carta of 1215 was the first document establishing __________________

Sixth

The right to a speedy trial is found in the ___________ Amendment.

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

The rules of evidence _____________

The protection of public interests in the criminal justice system.

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

redirect

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

things which are in the common knowledge of most people.

An ordinary witness may give an opinion about __________.

nolo contendere.

Another term for a no contest plea is a plea of ____________

Grand jury review

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

The Fourth Amendment, that forbids unreasonable searches and seizures by officers of the federal and state governments.

Case 1.1: Bob is pulled over for a motor vehicle violation. During the course of the motor vehicle stop the officer determines that Bob had been drinking. He is arrested for DWI. Secondary to the arrest, the officer searches Bob and finds a significant amount of heroin on Bob's person. Bob is additionally charged with possession and distribution of heroin. In the above scenario, which constitutional amendment covers the recovery of heroin found on Bob as a result of his arrest for DWI?

Motive

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

indirectly or by inference.

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

is not excluded by additional rules of evidence.

Competent evidence is reliable, relevant evidence that _______.

may be cross-examined

Defendants who decide to testify at their trial __________.

without the need of inferences or presumptions.

Direct evidence is evidence that proves a fact __________.

doubt

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.

to convince them of the existence of a fact.

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

incompetent

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 _____________.

in bad faith.

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

Federal Rules of Evidence

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

Ordeals

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

The net worth method

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 _____________.

Appeal certain issues.

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

Asserting his or her innocence

In an Alford plea, the defendant pleads guilty while __________

on the defendant to prove the defense.

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

may draw if they so desire.

Inferences are reasonable conclusions that judges or juries ______________.

True Or Accurate

Reliable evidence is defined as evidence that is likely to be _____________.

presumptions

Sandstrom v. MontanaStates that mandatory or irrebuttable _________ are unconstitutional in criminal prosecutions

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

The Constitution allows, and certain states require, that defendants ________________.

Constitution

The United States _____________ guarantees the protection of the writ of habeas corpus.

8th

The _______ amendment states that "excessive bail shall not be required"

Writ of Habeas Corpus

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

persuasion

The burden of _____ requires the party with the burden to introduce sufficient relevant evidence to convince the fact finder that a fact exists.

Production

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 - Persuasion

The burden of proof is actually two burdens: the burden of _____________ and the burden of ____________.

state and federal governments.

The concept of federalism means that government power is shared between __________.

70

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

Both civil and criminal

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

Bill or Rights

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

Jury

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

Informal and invisible

The main danger in the present system of nontrial dispositions in the form of plea bargains is that it _______________.

Fifth

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

beyond a reasonable doubt.

The prosecution has to prove the defendant's guilt:

Bail

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

have set up 51 different legal systems.

The states and federal government _______________.

powers granted by the Constitution.

To validly enact federal statutes, Congress must be acting within _____________.

Brady

Under the ________ Rule, the prosecution must disclose exculpatory evidence to the defense.

The Magna Carta

What 1215 legal document would have provided Lord Smith additional legal protections?

Probable cause or "reasonable grounds to believe"

What is the level of proof needed for the officer to arrest Bob in the first place?

Proof beyond a reasonable doubt

What is the requisite level of proof to convict Bob on the charges of possession and distribution of heroin?

Evidence

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

Inferences

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