Unit 2

An ordinary witness may give an opinion about

Things which are in the common knowledge of most people

The trial judge determines the _____ of a witness.

competence

Under the Sixth Amendment, the defendant has a right to ______ and cross-examine witnesses.

confront

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

corpus delicti

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

cross

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

direct

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.

doubt

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

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

​Evidence

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

​bring certain items or records with them to court

_____ evidence is evidence that indirectly proves a fact at issue.

Circumstantial

Unless they are the victim of a crime or an eyewitness, a child under the age of twelve can never be a competent witness.

False

Inferences of guilt cannot be drawn from the fact that the defendant exercises the _____ Amendment privilege against self-incrimination.

Fifth

_____ is the result of evidence.

Proof

Children may testify only if _____

The judge allows them to testify after the child is questioned (Voir Dire)

Adult witnesses are presumed to be competent witnesses.

True

After direct examination, a witness is subject to cross-examination by the opposing party.

True

The corpus delicti may be validly proven solely by circumstantial evidence.

True

The right to subpoena witnesses is found in the Sixth Amendment.

True

The term res ipsa loquitur means "the thing speaks for itself."

True

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

false

An inference of _____should not be drawn when a defendant or suspect asserts the Fifth Amendment privilege against self-incrimination. nation of guilt?

guilt

Defendants who decide to testify at their trial _____.

may be cross-examined

Inferences are reasonable conclusions that judges or juries _____.

may draw if they so desire​

​If 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

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

objection

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

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

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 _____.​

the net worth method

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

to convince them of the existence of a fact

Direct evidence is generally more powerful and convincing than circumstantial evidence.

true

Evidence that the defendant was seen running from the scene of the crime shortly after the crime occurred could be circumstantial evidence of guilt.

true

A police officer can never be an expert witness.

False

The U.S. Supreme Court has held that trial judges must give juries a strict definition of proof beyond a reasonable doubt.

False

A criminal defendant's right to compel the appearance of witnesses at trial is found in the _____ Amendment.​

Sixth

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

Sixth

If a party does not want a witness to answer a question, that party must object to the question

True

In a jury trial, it is the province of the jury to determine the credibility of the witnesses and the weight to be given to their testimony.

True

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

True

The term "demeanor of a witness" refers to the conduct and/or appearance of a witness while testifying

True

upon being called, a witness will first be subject to direct examination by the party that called him or her.

True

In some circumstances, presumptions can interfere with the defendant's right to have the jury decide the facts of the case.

true

Voir dire is a French term that means "to speak the _____."

truth

Attempting to use evidence that the defendant contacted a lawyer after being charged with a crime is generally not admissible against the defendant.

True

Due process requires that criminal guilt be proven by the government beyond a reasonable doubt.

True

In general, to be deemed a competent witness, the witness must _____.

have personal knowledge of the matters

By using _____, "the cross-examiner intends to afford the jury a basis to infer that the witness' character is such that he would be less likely than the average trustworthy citizen to be truthful in his testimony."

impeachment

In a jury trial, voir dire of witnesses is conducted by the foreperson of the jury.

False

Motive is an element of most crimes.

False

The corpus delicti rule requires that circumstantial evidence be corroborated by direct evidence.

False

The right to confront and cross-examine witnesses is found in the Fifth Amendment.

False

Voir dire is a French term meaning to incriminate oneself.

False

Many jurisdictions have set up special procedures to protect child victims who testify at the trial of their alleged abuser.

True

The prosecution can overcome the presumption of innocence only by proving guilty beyond a reasonable doubt.

True

Proof is demonstrated by _____

evidence

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

expert

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

motive

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

Adult witnesses are _____.

presumed competent unless shown to be incompetent

​One of the purposes of the right to a jury trial is to protect people against overzealous prosecutors and biased judges.

true

Children and other witnesses whose competence is questioned will usually be subjected to a(n) _____ examination.

voir dire

As fact finders, the jury alone determines the ______ given to all evidence.

weight

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

False

Evidence is derived from proof.

False

Sandstrom v. Montana States that mandatory or irrebuttable _____ are unconstitutional in criminal prosecutions.

presumptions

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 burden of proof is actually two burdens: the burden of _____ and the burden of _____.

production; persuasion

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

rape shield

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

reasonable doubt

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

redirect

Rape shield statutes can prevent the introduction of circumstantial evidence about the victim.

true

The pedophile exception to Rule 404 requires only that the two offenses involved similar sexual conduct, and that in both cases the defendant had a family or intimate friend. relationship with the victim.

true

​A full confession about the crime would be an example of direct evidence.

true

​In the absence of a confession or admission, intent must usually be proven by circumstantial evidence.

true

Defendants who testify at their criminal trial may not be cross-examined by the prosecution.

False

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

evidence

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

The privilege against self-incrimination gives the defendant a right to testify at his or her trial

False

under the Sixth Amendment, a defendant who lies on the witness stand cannot be prosecuted for perjury.

False

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

Inferences

The first witnesses to testify in a criminal case are prosecution witnesses.

True

The general rule is that ordinary (non-expert) witnesses may not give their conclusions or opinions.

True

Expert testimony based on handwriting analysis is generally _____in both federal and state courts under Federal Rules of Evidence 702 and similar state rules

admissible

The prosecution has to prove the defendant's guilt _____.

beyond a reasonable doubt

Congress has passed laws making it a crime to receive or possess _____ pornography from the Internet.

child

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

circumstantial

A defendant who possesses large quantities of illegal drugs may, by inference, be convicted of possession with intent to _____.​

deliver

As fact finders, the jury determines whether sufficient _____exists to justify a verdict of guilty.

evidence

Circumstantial evidence requires that the fact finder draw _____.

inferences

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

is important but not determinative

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

is never admissible

To be deemed a competent witness, the witness must generally have _____ knowledge of the matters to which they testify.​

personal

Direct evidence is evidence that proves a fact _____.​

​without the need of inferences or presumptions

In the case In Re _____, the U.S. Supreme Court held that due process required proof of guilt beyond a reasonable doubt.

Winship

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

persuasion

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

The _____ clause of the Constitution requires that guilt be proven beyond a reasonable doubt.

due process

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

​indirectly or by inference