Evidence

​Evidence is not relevant (irrelevant) if it is _____.

​not related to any fact or issue in the case

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

​the protection of public interests in the criminal justice system

Direct evidence is evidence that proves a fact _____.​

​without the need of inferences or presumptions

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

bail

Non-relevant evidence is generally admissible.

false

police officer can never be an expert witness.

false

Many states recognize a clergy-____________ privilege.​

penitent

Evidence consists of the materials presented to the trier of fact _____.​

to convince them of the existence of a fact

Competent evidence" is a catch-all term that included reliable and relevant evidence that is not rendered inadmissible by some other rule.​

true

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

true

Prior to 1779, no child under the age of fourteen was eligible or competent to testify as a witness.

true

The U.S. Constitution is the supreme law of the land.

true

The U.S. Declaration of Independence states that governments derive their power from consent of the governed.

true

The marital privilege does not apply when one spouse has committed a crime against the other spouse.​

true

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

​Federal Rules of Evidence

An affirmative defense is one in which the defendant _____.

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

In an Alford plea, the defendant pleads guilty while _____.

​asserting his or her innocence

A subpoena duces tecum is a subpoena that orders the person to _____,

​bring certain items or records with them to court

​The rules of evidence _____.

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

An informant's privilege is not a(n) _____ privilege and must give way when there is a compelling need to protect the rights of the accused.​

absolute

The first ten amendments to the U.S. Constitution are known as the _____.​

bill of rights

Fingerprint and shoe print evidence are generally examples of _____ evidence.

circumstantial

​The phrase _________________ refers to the requirement that the government must prove that the crime charged has been committed.

corpus delicti

The physician-patient privilege _____.​

did not existed at common law

Proof is demonstrated by _____.​

evidence

Circumstantial evidence is evidence that proves a fact in issue _____.​

​indirectly or by inference

​The Magna Carta of 1215 was the first document establishing _____.

​minimum standards for arrest and imprisonment

What are the three basic requirements for a person to qualify as a competent witness?

Be competent- has to understand of something's going on in the case. Be honest- they can not be known as someone who lies in the community. When they take their oath they must be trusted to uphold it the whole time. Be able to tell exactly what happened during the crime and was the crime actually visible to them during the whole time it occurred. must demonstrate the capacity to observe, remember, and narrate, as well as to understand their duty to tell the truth.

Police respond to the scene of an apparent arson incident which involved a vacant commercial office building. The fire was discovered by a passing patrol unit shortly after it had started. The initial officers on scene found all exterior doors looked and entry was forced to check for potential victims. Fire officials report signs and evidence of accelerants near each stairwell. Additionally they find an empty kerosene can outside the structure in the bushes by the property line. A premises history reveals that the property has been vacant for almost a year and has been for sale twice as long. Town records show several denied zoning and building adjustment applications over the past two years. There are numerous property maintenance violations for the property as well. ​ Detectives following up on the case find property owner Slim Shady uncooperative. He claims he knows nothing about the fire and that he was at home the entire night. Background investigations reveal that Mr. Shady also operates Shady Paint and Flooring Service. He owns a working van with the markings "Shady Paint and Flooring." Detectives also discover that Mr. Shady increased his insurance of the incident property six mo

circumstantial

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

eighth

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

evidence

To provide a handwriting _____ an individual would have to provide sample of his or her handwriting.

exemplar

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

expert

A conviction cannot be valid if it is based solely on circumstantial evidence.

false

A judge can take judicial notice of facts that are known solely to the judge.​

false

Direct evidence is evidence that proves a fact in issue by the use of inferences.

false

Evidence of prior similar crimes or bad acts is never admissible against a criminal defendant.​

false

If a defendant does not testify at trial, the jury may validly use this as circumstantial evidence of guilt.

false

If the defense loses or misplaces evidence important to the prosecution, it is a violation of due process.

false

In the United States, the defense carries the burden of proving the defendant is not guilty.​

false

One of the goals of the criminal justice system is seeking retribution for victims.

false

The Federal Rules of Evidence must be followed in all state trials

false

The U.S. Constitution provides that state judges are not bound by the U.S. Constitution, but by their state constitution.

false

State v. Gagnon established that information used in court must have the characteristic of ______________ knowledge.​

general

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

in bad faith

The marital privilege _____.

is recognized in all jurisdictions

Means, opportunity, and _____ are frequently used as circumstantial evidence of guilt.

motive

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

Adults are generally _____ to be competent witnesses.

presumed

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

presumption

laws were designed to protect victims at sexual assault trials.​

rape shield

The level of proof required in criminal cases is proof beyond a _____doubt.

reasonable

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

redirect

Police respond to the scene of shooting outside a local bar. The scene is chaotic with ambulance personnel attending to a nonresponsive shooting victim. In the course of rendering aid to the victim, the victim and the victim's clothing were removed from the scene. The victim's clothing and personal effects are collected by an emergency room nurse at the hospital. The investigating officer responds to the hospital and takes custody of the victim's personal effects. A suspect is identified and charged with the murder of the victim. At trial, it is determined that some of the victim's personal effects of evidentiary value were misplaced by hospital personnel. During the trial the prosecution uses a cell mate of the defendant as a witness. Under oath the witness claims that the defendant admitted to murdering the victim. What might the defense attorney challenge regarding the admissibility of the witness testimony presented in this case?

reliability of the evidence

In _____ v. Arkansas, the U.S. Supreme Court dealt with the admissibility of hypnotically refreshed testimony.

rock

The primary purpose of judicial notice is to _____.​

save time and effor

In Commonwealth v. Delbridge, _____ was defined as the implanting false memories or the distortion of real memories caused by interviewing techniques.

taint

An indictment is a formal criminal charge issued by the _____.

the grand jury

​Children may testify only if _____.

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

An ordinary witness may give an opinion about _____.

things which are in the common knowledge of most people

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

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