QUIZ Chapter 4

In some cases, is circumstantial evidence used alone?

Yes

the belief of guilt based on reasonable grounds made with particularized evidence of the guilt of the person to be searched or seized

probable cause

the result of evidence

proof

the statement of a witness in court, under oath

testimonial evidence

McCormick on Evidence stated that "__________ is the slipperiest member of the family of legal terms"

presumption

It is generally accepted among LEOs that up to ____% of rapes go unreported

80%

mandates that ALL states make forensic medical examinations available to victims free of charge.

Federal Violence Against Women Act

case in which the federal government prosecuted a taxpayer for tax evasion and used the net worth method of proof as evidence of tax evasion

Holland v. United States

If a defendant does not testify at his trial, can the judge or jury use that as evidence of guilt or draw an inference of guilt?

No

case in which the defendant's right to a jury was violated; the Supreme Court had held that "the law presumes that a person intends the ordinary consequences of his voluntary acts"

Sandstrom v. Montana

T/F: In court, information that the defendant has committed similar crimes in the past is generally INADMISSIBLE but may be admissible under some circumstances.

T

T/F: In the proof of intent, recklessness, malice, or negligence, the law infers that people intend the reasonable, foreseeable consequences of their intentional and deliberate acts.

T

In all criminal cases, the state or government must prove what 2 things?

a crime has been committed, the defendant committed the offense

the part of the burden of proof that requires a party to persuade the jury that a fact exists

burden of persuasion

the part of the burden of proof that requires a party to produce sufficient evidence to establish the fact at issue

burden of production

Internet use must often be proved by ___________ evidence.

circumstantial

evidence from which proof of the fact in question may be inferred

circumstantial evidence

evidence that indirectly proves a fact in issue

circumstantial evidence

Fingerprints and shoe prints are ____________ evidence, and _________ can be drawn from their presences at a crime scene.

circumstantial; inferences

the body of the crime; the requirement that the government must prove that the crime charged has been committed

corpus delicti

evidence that adds weight or credibility to a case; in rape cases, this evidence is important to reinforce the testimony of the victim

corroborative evidence

believability

credibility

The corpus deliciti of most crimes is ordinarily proved by _______ evidence, as when the victim or a witness tells the police of the crime

direct

evidence that proves or disproves a fact in question with no need for inferences

direct evidence

Although _________ evidence can be used to directly prove facts, ____________ evidence requires the fact finder to draw inferences.

direct; circumstantial

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

evidence

If a defendant is found to possess child porn, the government must prove he received the images over internet to obtain a ______ conviction (an interstate violation).

federal

use of evidence to challenge the credibility of a witness

impeach

an inference a fact finder may not draw; an example is inferring guilt because the defendant does not testify

impermissible inference

conclusions that may be drawn from facts

inferences

one of the most common grounds for appeal following a jury verdict or a judge's finding of guilty

insufficiency of evidence (sufficiency-of-evidence requirement)

When the crime of possession with intent to deliver is charged, the defendant usually has a _________ quantity of illegal drugs in his/her possession.

large

When eyewitness evidence is not available, it has often been stated that investigators and officers should 3 questions: Who had the . . . ?

means, opportunity, motive

is commonly used as an investigative tool to link crimes to suspects; literally means "method of operation"

modus operandi

oral or verbal evidence; if a confession is only verbal, it is considered this

parole evidence

The jury may use such a _______________ to reach a conclusion.

permissible inference

inferences made from proof of facts that a fact finder may, but need not, draw

permissible inference

To prove a case of physical abuse, what 4 elements must be proven?

physical injury, infliction on child, other than accidental means, by those responsible of child

Under Rule 404b of the Federal Rules of Evidence, and in most state evidence rules, who may use evidence of past crimes to prove modus operandi only if the other crimes share peculiar or distinctive features with the crime or crimes charged?

prosecution

the standard for evidence that fact finders (juries or judges) must use in criminal cases to find a defendant guilty of the crime charged

reasonable doubt

crimes that are so similar that they bear the mark of a common pattern

signature crimes

the demand for a reasonably substantial foundation of evidence to support a verdict or finding

sufficiency-of-evidence requirement

physical evidence such as weapons, illegal drugs, or shoplifted items

tangible evidence

The burden-of-proof requirement is what 2 burdens?

the burden of production, the burden of persuasion

2 inclusions of impermissible inferences

when defendant uses self-incrimination, when info is protected by rape shield law