Q&A Hero

Question

Case 4.3
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 months prior to the fire.

As there are no eyewitnesses to the crime, detectives focus on identifying means, motive, and opportunity. If the case goes to trial, what must be shown for it to go to the determination of guilt?
a. means only
b. motive only
c. opportunity only
d. both motive and opportunity

Answer

This answer is hidden. It contains 51 characters.

Related questions

Q: What are the principal methods used at trial to test the testimony of witnesses?How does allowing hearsay interfere with those methods?
Q: If a person is engaging in conduct that is not meant to _____, this would generally not be treated as hearsay.
Q: The hearsay rule forbids only statements offered to prove the _____of the matter asserted.
Q: In the Federal Rules of Evidence, one form of statement that is specifically excluded from the definition of hearsay is a(n) _____________ by a party-opponent.
Q: The rule against hearsay and the _____ Amendment Confrontation Clause address similar problems.
Q: The Star Chamber trials are among the most infamous in English history. a. True b. False
Q: Under the Federal Rules of Evidence, certain types of prior statements by witnesses are excluded from the definition of hearsay. a. True b. False
Q: The 1603 trial of William Penn sparked interest in reforming the law of hearsay. a. True b. False
Q: Exceptions to the law of hearsay evidence tend to be simple and straight forward. a. True b. False
Q: What are the requirements of the physician"patient privilege? What are some of the exceptions created in some jurisdictions?
Q: What is the police"informant privilege? What is its rationale, and what are some exceptions to this privilege?
Q: The privilege against self-incrimination applies only to testimonial or _____________ evidence.
Q: The president of the U.S. has no privilege with regard to confidential communications with top advisors. a. True b. False
Q: Every jurisdiction recognizes a parent"child privilege. a. True b. False
Q: The attorney"client privilege was not recognized at common law. a. True b. False
Q: Courts have long held that judicial notice may be taken of _____theories that have been so established that they have "attained the status of "¦ law", a. scientific b. conceptual c. proven d. absolute
Q: About _____ of the states have statutes defining the clergy-penitent privilege, with a few other states recognizing the privilege by court decisions. a. one-quarter b. one-third c. half d. two-thirds
Q: 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. a. administrative b. judicial c. prosecutorial d. absolute
Q: The marital privilege _____. a. was not recognized at common law b. is not recognized in federal courts c. is recognized in about half the states d. is recognized in all jurisdictions
Q: The oldest application of judicial notice is for _____. a. matters generally known within the community or state b. principles that are generally accepted by reputable scientists c. the identity of defendants d. published official records
Q: Judicial notice is permitted _____. a. in all jurisdictions except the federal courts b. in the federal courts but not state courts c. in a majority of jurisdictions d. in all jurisdictions
Q: Unlike Daubert v. Merrill Dow Pharmaceuticals Co., the expert testimony in Kumho Tire Co. v. Carmichael was provided by a(n) _____. a. psychologist b. biologist c. engineer d. forensic scientist
Q: For many years prior to 1993, federal courts utilized the _____ test for the admissibility of scientific evidence. a. Ginsburg b. Alito c. Connor d. Frye
Q: Since adoption of Daubert in some states, the validity and reliability of the _____ test is no longer subject to judicial notice for purposes of proving guilt. a. RFD b. RSVP c. HMS d. HGN
Q: In the Daubert decision, the Supreme Court held that the admissibility of scientific evidence was governed by Rule _____ of the Federal Rules of Evidence. a. 402 b. 502 c. 602 d. 702
Q: Prior to the Supreme Court's Daubert decision, federal courts used a _____ test. a. general acceptance b. conditional relevance c. contingent admissibility d. consistency and reliability
Q: If the scientific theory and/or technique is accepted by higher courts, trial courts may take _____ of the validity of these theories and techniques. a. hearsay exceptions b. judicial notice c. positive objections d. conditional acceptance
Q: Circumstantial evidence is evidence that proves a fact in issue _____. a. indirectly or by inference b. directly by eyewitness testimony c. only by the use of presumptions d. by contradicting other evidence
Q: Proof is demonstrated by _____. a. evidence b. deductions c. inductions d. jury instructions
Q: The prosecution can overcome the presumption of innocence only by proving guilty beyond a reasonable doubt. a. True b. False

Subjects

Accounting Anthropology Archaeology Art History Banking Biology & Life Science Business Business Communication Business Development Business Ethics Business Law Chemistry Communication Computer Science Counseling Criminal Law Curriculum & Instruction Design Earth Science Economic Education Engineering Finance History & Theory Humanities Human Resource International Business Investments & Securities Journalism Law Management Marketing Medicine Medicine & Health Science Nursing Philosophy Physic Psychology Real Estate Science Social Science Sociology Special Education Speech Visual Arts