Q&A Hero

Q: As fact finders, the jury determines whether sufficient _____exists to justify a verdict of guilty. a. evidence b. convincing c. bias d. objectivity

Q: As fact finders, the jury alone determines the ______ given to all evidence. a. exceptions b. legality c. weight d. sequence

Q: After a witness is subject to cross-examination, the party that called them originally may ask further questions under _____ examination. a. recross b. following c. redirect d. didactic

Q: If a party believes that a question posed by the opponent is improper, that party must make a(n) _____ to that question. a. exception b. objection c. proposition d. request to omit

Q: Questioning of a witness by the opponent of the party that called that witness is called _____-examination. a. cross b. didactic c. critical d. skeptical

Q: Questioning of a witness by the party that called that witness is called _____ examination. a. cross b. central c. straight d. direct

Q: An ordinary witness may give an opinion about _____. a. things which are in the common knowledge of most people b. things they have been told by another c. their own competence to be a witness d. whether their testimony is relevant

Q: In general, only _____ witnesses may testify as to their opinions or conclusions. a. ordinary b. expert c. prosecution d. defense

Q: Defendants who decide to testify at their trial _____. a. may not be cross-examined b. may not be prosecuted for perjury c. may be cross-examined d. do not have to take an oath to tell the truth

Q: A criminal defendant's right to confront and cross-examine witnesses is found in the _____ Amendment. a. Fourth b. Fifth c. Sixth d. Seventh

Q: A criminal defendant's right to compel the appearance of witnesses at trial is found in the _____ Amendment. a. Fourth b. Fifth c. Sixth d. Eighth

Q: A subpoena duces tecum is a subpoena that orders the person to _____, a. bring certain items or records with them to court b. appear with an attorney c. waive their privilege against self-incrimination d. not discuss their testimony with anyone

Q: In considering whether children are competent to testify, age _____. a. is irrelevant b. can serve as an absolute barrier to testimony c. cannot be considered d. is important but not determinative

Q: Children may testify only if _____. a. they are a minimum of ten years of age b. a psychologist testifies that they understand the obligation to tell the truth c. the judge allows them to testify after the child is questioned (voir dire) d. they have competed the first grade

Q: Adult witnesses are _____. a. presumed incompetent unless shown to be competent b. presumed competent unless shown to be incompetent c. always subjected to voir dire before being allowed to testify d. presumed competent if they are at least 21 years of age

Q: To be deemed a competent witness, the witness must have the capacity to _____. a. speak and read the English language at a fifth grade level b. observe, remember, narrate, and understand the obligation to be truthful c. be a citizen of the United States d. be capable of reading and writing in any language at a fifth grade level

Q: In general, to be deemed a competent witness, the witness must _____. a. have personal knowledge of the matters b. be 21 years of age or older c. have at least a sixth grade education d. not be biased about the case

Q: When eyewitness evidence is not available, it has often been stated that investigators and officers should ask, as guidelines in investigating crimes, these three questions in guiding their investigation; and secondly, why are those three key words critical to the findings of facts?

Q: Differentiate a presumption from an inference.

Q: Discuss the sufficiency-of-evidence requirement in relation to a guilty verdict.

Q: Discuss corpus delicti in relation to circumstantial evidence.

Q: Discuss U.S. v. Williams" PROTECT ACT section as it relates to child pornography and the internet. Does this provide enough protection? Why or why not?

Q: Describe three inferences that judges and juries are not allowed to draw in criminal trials. What are the reasons these are not permitted?

Q: Describe three inferences that are permitted under the law of evidence. What fact is each of these inferences attempting to establish?

Q: Discuss, describe, compare, and contrast direct and circumstantial evidence. Be sure to give examples of each.

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

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

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

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

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

Q: Circumstantial evidence requires that the fact finder draw _____.

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

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

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

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

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

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

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

Q: _____ is the result of evidence.

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

Q: Case 4.3Police 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.Detectives run Mr. Shady and his vehicle through shared law enforcement data bases and discover that Mr. Shady was pulled over for speeding two towns away 20 minutes prior to the discovery of the fire. Detectives also retrieve surveillance videos from several gas stations and banks between the fire scene and his home. From these videos and time stamps detectives trace Mr. Shady and his vehicle to and from the crime scene before and immediately after the fire. At trial, this information would be considered?a. exculpatoryb. directc. circumstantiald. indirect

Q: Case 4.3Police 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 onlyb. motive onlyc. opportunity onlyd. both motive and opportunity

Q: Case 4.2An undercover security officer at chain supermarket located in New Jersey watches a suspicious male circling the liquor aisles with an empty shopping cart. The man waits for other patrons to leave the area and places four bottles of vodka inside his jacket. He then moves toward the exit. As he does so, he observes security at the door. He then picks up a bag of potatoes and proceeds to the cashier lanes. He pays for the potatoes and attempts to leave the store where he is stopped by security. Security confronts the man about the shoplifting and he begins to cause a scene. Police arrive on scene and the security officer advises them that the suspect had been observed concealing four bottles of vodka inside his jacket and was leaving the store without paying for them. The suspect responds by saying that he simply forgot about the vodka in his jacket. He produces the four bottles from his jacket. The security officer advises police that the entire event was captured on their surveillance systems. The officers ask the suspect for identification and he presents an out of state driver's license which appears to the officers to be altered. The police arrest the suspect and take possession of identification and the four bottles of vodka. The suspect, who has identified himself as Mark Smith, shouts that the arrest is unlawful. The security officer goes to the police station to provide a statement and a copy of the surveillance video. Once at headquarters, the police are able to confirm that the identification was fraudulent and the suspect's true identity was David Gray and that Mr. Gray had numerous outstanding warrants for similar charges throughout the state. While inventorying Mr. Gray's personal property, it was determined that he had only twenty dollars in cash and no credit cards, thereby having no means to have paid for the vodka, valued at eighty dollars a bottle. Additionally the suspect's jacket had several concealed interior pockets sewn into the lining.During the trial the police officer testifies that the defendant knew he was guilty because he remained silent and refused to respond to Miranda warnings or standard booking questions after he was arrested. The defense attorney objects to the introduction of the defendant's previous silence based on _____.a. impermissible inferenceb. affirmative defensec. writ of habeas corpusd. permissible inference

Q: Case 4.2An undercover security officer at chain supermarket located in New Jersey watches a suspicious male circling the liquor aisles with an empty shopping cart. The man waits for other patrons to leave the area and places four bottles of vodka inside his jacket. He then moves toward the exit. As he does so, he observes security at the door. He then picks up a bag of potatoes and proceeds to the cashier lanes. He pays for the potatoes and attempts to leave the store where he is stopped by security. Security confronts the man about the shoplifting and he begins to cause a scene. Police arrive on scene and the security officer advises them that the suspect had been observed concealing four bottles of vodka inside his jacket and was leaving the store without paying for them. The suspect responds by saying that he simply forgot about the vodka in his jacket. He produces the four bottles from his jacket. The security officer advises police that the entire event was captured on their surveillance systems. The officers ask the suspect for identification and he presents an out of state driver's license which appears to the officers to be altered. The police arrest the suspect and take possession of identification and the four bottles of vodka. The suspect, who has identified himself as Mark Smith, shouts that the arrest is unlawful. The security officer goes to the police station to provide a statement and a copy of the surveillance video. Once at headquarters, the police are able to confirm that the identification was fraudulent and the suspect's true identity was David Gray and that Mr. Gray had numerous outstanding warrants for similar charges throughout the state. While inventorying Mr. Gray's personal property, it was determined that he had only twenty dollars in cash and no credit cards, thereby having no means to have paid for the vodka, valued at eighty dollars a bottle. Additionally the suspect's jacket had several concealed interior pockets sewn into the lining.In this case what type of evidence would the security officer's testimony be considered?a. circumstantialb. directc. exculpatoryd. indirect

Q: Case 4.2An undercover security officer at chain supermarket located in New Jersey watches a suspicious male circling the liquor aisles with an empty shopping cart. The man waits for other patrons to leave the area and places four bottles of vodka inside his jacket. He then moves toward the exit. As he does so, he observes security at the door. He then picks up a bag of potatoes and proceeds to the cashier lanes. He pays for the potatoes and attempts to leave the store where he is stopped by security. Security confronts the man about the shoplifting and he begins to cause a scene. Police arrive on scene and the security officer advises them that the suspect had been observed concealing four bottles of vodka inside his jacket and was leaving the store without paying for them. The suspect responds by saying that he simply forgot about the vodka in his jacket. He produces the four bottles from his jacket. The security officer advises police that the entire event was captured on their surveillance systems. The officers ask the suspect for identification and he presents an out of state driver's license which appears to the officers to be altered. The police arrest the suspect and take possession of identification and the four bottles of vodka. The suspect, who has identified himself as Mark Smith, shouts that the arrest is unlawful. The security officer goes to the police station to provide a statement and a copy of the surveillance video. Once at headquarters, the police are able to confirm that the identification was fraudulent and the suspect's true identity was David Gray and that Mr. Gray had numerous outstanding warrants for similar charges throughout the state. While inventorying Mr. Gray's personal property, it was determined that he had only twenty dollars in cash and no credit cards, thereby having no means to have paid for the vodka, valued at eighty dollars a bottle. Additionally the suspect's jacket had several concealed interior pockets sewn into the lining.At trial, the defendant argued that the arrest was unlawful as he never left the store with the bottles of vodka. He claimed he had merely forgotten that he had the bottles and had intended to pay for them. What evidence might be used to infer his intent to steal the vodka?a. his immediate claim that the arrest was not lawfulb. his until the liquor aisle was empty to put the vodka inside his jacketc. his use of a false identityd. his noticing the presence of security at the exit door

Q: Case 4.1While shoplifting five laptops from an electronics store in the mall, the actors Jack and Diane are confronted by the store manager. Jack brutally assaults the store manager as Diane looks on. They leave the manager unconscious on the floor of the store. Passing shoppers alert mall security, who chase the two into the mall parking lot. Police are notified and arrive as Jack and Diane flee the scene in a small red pickup truck and stop the vehicle. Mall security provides physical and clothing description of the two suspects and the pickup truck.Police pursue the pickup through several residential streets. During the pursuit several items appearing to laptops are thrown from the passenger window of the truck. The locations are reported via radio for other units to collect the evidence. The fleeing pickup blows several red lights causing minor accidents. The pursuing police units temporarily lose sight of the pickup. Within minutes, however, the pickup is found in an alleyway, crashed into a retaining wall behind 427 Oak Street. The pickup is unoccupied with the keys still in the ignition. The license plates on the vehicle are stolen. Found in the pickup is one laptop, a blood covered sleeve of a shirt. Also found in the pickup is old mail addressed to a Jack Bowers of 123 Elm Street which is approximately 1 mile away. While patrol searches for the suspects, detectives respond to the Bower residence and find no one home. They speak with the building manager who reports seeing Mr. Bower and his girlfriend drive off earlier in the day. The manager reports that Mr. Bower owns a small red pickup. The detectives notice surveillance cameras on the apartment complex and ask the manager to view and copy the video from that day. Caught on video are Brower and girlfriend apparently changing the license plates on the pickup and leaving in the truck 30 minutes prior to the incident at the mall. The vehicle identification number on the pickup is registered to Jack Bower with different license plates.Jack and Diane are located by patrol three blocks from the pickup hiding behind two dumpsters.Jack's shirt is torn and bloody. He has bruises and blood on his hands. Both Jack and Diane claim that they were carjacked two hours prior and had been walking toward the police station. The two are arrested. A search incident to arrest under covers 3 packets of heroin, a hypodermic needle and cell phone in Jack's pockets and a large, aluminum-lined handbag (commonly known as a boosting bag) with several boxed cell phones and two bags of heroin in Diane's possession.Detectives respond to the hospital where the store manager is being treated for serious injuries to his head and body. It is reported that the manager has a skull fracture, damage to his eye socket, and a broken jaw. The injuries are photographed and documented.Detectives also retrieve surveillance video from the store and from the mall for evidence. The two suspects are charged with robbery, eluding, destruction of evidence, possession of controlled dangerous substance, and possession of drug paraphernalia, and possession of burglary tools.What amount of proof required for a finding or verdict of guilt in the criminal trial against Jack and Diane?a. mere suspicionb. reasonable suspicionc. probable Caused. proof beyond a reasonable doubt

Q: Case 4.1While shoplifting five laptops from an electronics store in the mall, the actors Jack and Diane are confronted by the store manager. Jack brutally assaults the store manager as Diane looks on. They leave the manager unconscious on the floor of the store. Passing shoppers alert mall security, who chase the two into the mall parking lot. Police are notified and arrive as Jack and Diane flee the scene in a small red pickup truck and stop the vehicle. Mall security provides physical and clothing description of the two suspects and the pickup truck.Police pursue the pickup through several residential streets. During the pursuit several items appearing to laptops are thrown from the passenger window of the truck. The locations are reported via radio for other units to collect the evidence. The fleeing pickup blows several red lights causing minor accidents. The pursuing police units temporarily lose sight of the pickup. Within minutes, however, the pickup is found in an alleyway, crashed into a retaining wall behind 427 Oak Street. The pickup is unoccupied with the keys still in the ignition. The license plates on the vehicle are stolen. Found in the pickup is one laptop, a blood covered sleeve of a shirt. Also found in the pickup is old mail addressed to a Jack Bowers of 123 Elm Street which is approximately 1 mile away. While patrol searches for the suspects, detectives respond to the Bower residence and find no one home. They speak with the building manager who reports seeing Mr. Bower and his girlfriend drive off earlier in the day. The manager reports that Mr. Bower owns a small red pickup. The detectives notice surveillance cameras on the apartment complex and ask the manager to view and copy the video from that day. Caught on video are Brower and girlfriend apparently changing the license plates on the pickup and leaving in the truck 30 minutes prior to the incident at the mall. The vehicle identification number on the pickup is registered to Jack Bower with different license plates.Jack and Diane are located by patrol three blocks from the pickup hiding behind two dumpsters.Jack's shirt is torn and bloody. He has bruises and blood on his hands. Both Jack and Diane claim that they were carjacked two hours prior and had been walking toward the police station. The two are arrested. A search incident to arrest under covers 3 packets of heroin, a hypodermic needle and cell phone in Jack's pockets and a large, aluminum-lined handbag (commonly known as a boosting bag) with several boxed cell phones and two bags of heroin in Diane's possession.Detectives respond to the hospital where the store manager is being treated for serious injuries to his head and body. It is reported that the manager has a skull fracture, damage to his eye socket, and a broken jaw. The injuries are photographed and documented.Detectives also retrieve surveillance video from the store and from the mall for evidence. The two suspects are charged with robbery, eluding, destruction of evidence, possession of controlled dangerous substance, and possession of drug paraphernalia, and possession of burglary tools.The video of Jack and Diane changing the license plates and leaving in the pickup along with the mall video of the two arriving and subsequently fleeing in the same truck would be considered _____ evidence.a. exculpatoryb. directc. circumstantiald. indirect

Q: Case 4.1While shoplifting five laptops from an electronics store in the mall, the actors Jack and Diane are confronted by the store manager. Jack brutally assaults the store manager as Diane looks on. They leave the manager unconscious on the floor of the store. Passing shoppers alert mall security, who chase the two into the mall parking lot. Police are notified and arrive as Jack and Diane flee the scene in a small red pickup truck and stop the vehicle. Mall security provides physical and clothing description of the two suspects and the pickup truck.Police pursue the pickup through several residential streets. During the pursuit several items appearing to laptops are thrown from the passenger window of the truck. The locations are reported via radio for other units to collect the evidence. The fleeing pickup blows several red lights causing minor accidents. The pursuing police units temporarily lose sight of the pickup. Within minutes, however, the pickup is found in an alleyway, crashed into a retaining wall behind 427 Oak Street. The pickup is unoccupied with the keys still in the ignition. The license plates on the vehicle are stolen. Found in the pickup is one laptop, a blood covered sleeve of a shirt. Also found in the pickup is old mail addressed to a Jack Bowers of 123 Elm Street which is approximately 1 mile away. While patrol searches for the suspects, detectives respond to the Bower residence and find no one home. They speak with the building manager who reports seeing Mr. Bower and his girlfriend drive off earlier in the day. The manager reports that Mr. Bower owns a small red pickup. The detectives notice surveillance cameras on the apartment complex and ask the manager to view and copy the video from that day. Caught on video are Brower and girlfriend apparently changing the license plates on the pickup and leaving in the truck 30 minutes prior to the incident at the mall. The vehicle identification number on the pickup is registered to Jack Bower with different license plates.Jack and Diane are located by patrol three blocks from the pickup hiding behind two dumpsters.Jack's shirt is torn and bloody. He has bruises and blood on his hands. Both Jack and Diane claim that they were carjacked two hours prior and had been walking toward the police station. The two are arrested. A search incident to arrest under covers 3 packets of heroin, a hypodermic needle and cell phone in Jack's pockets and a large, aluminum-lined handbag (commonly known as a boosting bag) with several boxed cell phones and two bags of heroin in Diane's possession.Detectives respond to the hospital where the store manager is being treated for serious injuries to his head and body. It is reported that the manager has a skull fracture, damage to his eye socket, and a broken jaw. The injuries are photographed and documented.Detectives also retrieve surveillance video from the store and from the mall for evidence. The two suspects are charged with robbery, eluding, destruction of evidence, possession of controlled dangerous substance, and possession of drug paraphernalia, and possession of burglary tools.The heroin found subsequent to the arrest of Jack and Diane would be considered _____ evidence.a. circumstantialb. directc. exculpatoryd. indirect

Q: Case 4.1While shoplifting five laptops from an electronics store in the mall, the actors Jack and Diane are confronted by the store manager. Jack brutally assaults the store manager as Diane looks on. They leave the manager unconscious on the floor of the store. Passing shoppers alert mall security, who chase the two into the mall parking lot. Police are notified and arrive as Jack and Diane flee the scene in a small red pickup truck and stop the vehicle. Mall security provides physical and clothing description of the two suspects and the pickup truck.Police pursue the pickup through several residential streets. During the pursuit several items appearing to laptops are thrown from the passenger window of the truck. The locations are reported via radio for other units to collect the evidence. The fleeing pickup blows several red lights causing minor accidents. The pursuing police units temporarily lose sight of the pickup. Within minutes, however, the pickup is found in an alleyway, crashed into a retaining wall behind 427 Oak Street. The pickup is unoccupied with the keys still in the ignition. The license plates on the vehicle are stolen. Found in the pickup is one laptop, a blood covered sleeve of a shirt. Also found in the pickup is old mail addressed to a Jack Bowers of 123 Elm Street which is approximately 1 mile away. While patrol searches for the suspects, detectives respond to the Bower residence and find no one home. They speak with the building manager who reports seeing Mr. Bower and his girlfriend drive off earlier in the day. The manager reports that Mr. Bower owns a small red pickup. The detectives notice surveillance cameras on the apartment complex and ask the manager to view and copy the video from that day. Caught on video are Brower and girlfriend apparently changing the license plates on the pickup and leaving in the truck 30 minutes prior to the incident at the mall. The vehicle identification number on the pickup is registered to Jack Bower with different license plates.Jack and Diane are located by patrol three blocks from the pickup hiding behind two dumpsters.Jack's shirt is torn and bloody. He has bruises and blood on his hands. Both Jack and Diane claim that they were carjacked two hours prior and had been walking toward the police station. The two are arrested. A search incident to arrest under covers 3 packets of heroin, a hypodermic needle and cell phone in Jack's pockets and a large, aluminum-lined handbag (commonly known as a boosting bag) with several boxed cell phones and two bags of heroin in Diane's possession.Detectives respond to the hospital where the store manager is being treated for serious injuries to his head and body. It is reported that the manager has a skull fracture, damage to his eye socket, and a broken jaw. The injuries are photographed and documented.Detectives also retrieve surveillance video from the store and from the mall for evidence. The two suspects are charged with robbery, eluding, destruction of evidence, possession of controlled dangerous substance, and possession of drug paraphernalia, and possession of burglary tools.At trial, the defense objects to the introduction of photographs of the store manager's injuries supported by the attending doctor's verification of the accuracy of the photographs. What response does the prosecutor have to this objection?a. the inference of means, motive, and opportunityb. prior bad actsc. the doctrine of res ipsa loquiturd. None, only a judge can review and evaluate evidence.

Q: 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. a. doubt b. conclusion c. presumption d. assumption

Q: The burden of _____ requires the party with the burden to introduce sufficient relevant evidence to convince the fact finder that a fact exists. a. evidence b. deductions c. persuasion d. production

Q: The burden of _____ requires the party with the burden on a factual issue to introduce sufficient relevant evidence to prove the fact at issue. a. evidence b. proof c. persuasion d. production

Q: _________ is ordinarily defined as the means of establishing and proving the truthor untruth of any fact that is alleged. a. Evidence b. Proof c. Presumption d. Diligence

Q: _____ are reasonable conclusions that fact finders (juries or judges) may draw from the evidence presented to them. a. Convictions b. Deductions. c. Inferences d. Determinations

Q: Sandstrom v. Montana States that mandatory or irrebuttable _____ are unconstitutional in criminal prosecutions. a. inferences b. conclusions c. deductions d. presumptions

Q: Inferences are reasonable conclusions that judges or juries _____. a. are required to draw b. may draw if they so desire c. cannot be used against a defendant d. cannot be used against the prosecution

Q: McCormick on Evidencestates that _____ "is the slipperiest member of the family of legal terms" because it is used in so many different ways. a. presumption b. conclusion c. inference d. deduction

Q: 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 _____. a. with intent to deliver b. due to insanity c. unknowing d. accidental

Q: If a defendant does not testify at his or her criminal trial, the judge or jury _____. a. may use this as evidence of guilt b. may draw an inference of guilt from this c. is no longer required to give the defendant the presumption of innocence d. may not use this as evidence of guilt or draw an inference of guilt

Q: In court, information that the defendant has committed similar crimes in the past _____. a. is never admissible b. is always admissible c. is always competent evidence d. may be admissible under some circumstances

Q: Evidence of flight from the scene of a crime is _____. a. sufficient by itself to establish guilt b. never admissible c. direct evidence of guilt d. never sufficient by itself to establish guilt

Q: Circumstantial evidence frequently takes the form of showing that the defendant had means, opportunity, and _____. a. the required tools b. sufficient criminal knowledge c. a prior criminal record d. motive

Q: 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 _____. a. eyewitness testimony b. neighbors' beliefs c. the net worth method d. written confessions

Q: Direct evidence is evidence that proves a fact _____. a. without the need of inferences or presumptions b. by the drawing of inferences c. by the use of inductive or deductive reasoning d. by judicial notice

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: The burden of proof is actually two burdens: the burden of _____ and the burden of _____. a. rationality; inference b. production; persuasion c. preponderance; clarity d. probability; opportunity

Q: The prosecution has to prove the defendant's guilt _____. a. by a preponderance of the evidence b. by clear and convincing evidence c. beyond a reasonable doubt d. beyond probable cause

Q: Evidence consists of the materials presented to the trier of fact _____. a. pursuant to presumptions b. to convince them of the existence of a fact c. to explain the judge's instructions d. to attempt to contradict inferences

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

Q: The corpus delicti may be validly proven solely by circumstantial evidence. a. True b. False

Q: The term res ipsa loquitur means "the thing speaks for itself." a. True b. False

Q: The corpus delicti rule requires that circumstantial evidence be corroborated by direct evidence. a. True b. False

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

Q: Evidence of prior similar crimes or bad acts is never admissible against a criminal defendant. a. True b. False

Q: Motive is an element of most crimes. a. True b. False

Q: Rape shield statutes can prevent the introduction of circumstantial evidence about the victim. a. True b. False

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

Q: 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. a. True b. False

Q: In some circumstances, presumptions can interfere with the defendant's right to have the jury decide the facts of the case. a. True b. False