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Criminal Evidence
midterm
| Question | Answer |
|---|---|
| what is the 1st to use testimony and real evidence | Mesopotamian |
| who was the 1st to used juries | GREEK |
| who were the 1st to used juries | Romans |
| Rules of evidence change as society changes, ex. Husband wife privilege, society has change as husband and wife divorce. ( tremble vs U.S | Future development of the rules of evidence |
| What is the term for the truth discovery through inferences, has same value as real evidence | Circumstantial Evidence: |
| The term for the effect of evidence or sum of evidence | Proof |
| Reasons for Excluding Evidence: | To protect interest or priviledge To prohibit unrelated evidence commited by hearsay To avoid undue prejudice The exclusionary Rule To keep out evidence illegal obtain To preserve court time |
| what are the legal ways of keep evidence out during trial | Objections |
| Evidence in Federal V.O.P. and Florida V.O.P. hearings | • In federal evidence not applicable, except for privileges • In Florida they are relaxed,(meaning things that would not be admisable in a trial Fla will take it, Example: Hearsay). |
| Who has the burden of proof in a criminal case? | Prosecutor, State (Q33) |
| What happens if every not element of a charge is not proven beyond a reasonable doubt? | It should not be guilty they must be prove (Case not proven) |
| what happens when the state has the burden of going forward, and if they meet that then they shift to the defense to go forward with the evidence. | Burden of going forward |
| what is the term used for the middle burden approve use in the dispute on real state, wills, trusts in Fla. | Clear and Convincing Evidence |
| Is a burden approve in a criminal case. The hardest in judicial system. | Beyond Reasonable Doubt |
| Is not dispute the crime occurred, but the defense says he was not there, affirmative defense. | Alibi |
| How do you exclude evidence during trial? | By objection |
| What is a leading question | One which suggests the answer, ex “this study guide is to damn long isn’t it?and I say YESSSSSS it issssss Dang! |
| The defender is allowed to rebut the state rebuttable (by putting evidence, no new evidence) | defendants case in rejoinder |
| State has an obligation to furnish the defendant any evidence favorable to exonerate then that may lesser the sentence, | failure to do this brady information is a reversal error. |
| Does direct evidence and circumstantial evidence carry the same weight? | Yes |
| Can a conviction be based solely on circumstantial evidence? | Yes |
| What is Judicial Notice | An evidence substitute, which allow a court to accept fact as true, without proof, and prohibiting the opposite party to introduce contradicting evidence (other party cannot dispute it). |
| What is the legal definition for Judicial Notice? | is a acceptance of fact that are common knowledge and undisputable. |
| Facts that concern a dispute and may determine the dispute ( judicially noticed fact must be one not subject to reasonable dispute in that it is either ). | J.N. of Adjudicative Facts |
| Age is a essential element an it is improper to use JN in that. | Age in a Juvenile Case: |
| jury does not have to accept the fact judicial notice(it will be unconstitutional | J.N. in Criminal Case |
| allows a jury “Must” to infer existence of a 2ed fact | Presumptions |
| state that a fact “may” be drawn from another fact. | Inferences: |
| Difference between presumptions and inferences | “presumptions jury Must infer fact, Inference Jury May infer evidence. |
| evidence substitute, agreement of fact between 2 litigans. | Stipulations |
| Unconstitutional in a criminal case… On the test: mandatory presumption on criminal case are unconstitutional (because we invade the proven of a jury) | conclusive presumptions/mandatory presumptions |
| is not a presumption of guilt | Flight or Concealment: |
| evidence substitute ( Jury does not have to accept it will be unconstitutional | Stipulations |
| the test.. is abuse discretion | Test on Appeal |
| not a defense to anything. | Voluntary Intoxication |
| (general rule) the state is prohibited to introduce evidence about the defender character→ calls for mistrial. | Character Evidence |
| admissible but state has to prove ....... | Evidence of Other Crimes, Wrongs or Acts |
| that something didn’t happen or occur, it is error for the judge to instruct the jury that positive evidence is better then negative evidence. 1. is it admissible ( yes) 2. is it of less value than positive evidence ( no) | negative Evidence |
| : Oath of affirmation, witness must have perception, ability to communicate, able to know true from lie. | Four part Test for competency of a witness |
| can mental incapasity (insane) person be competent to testify, | yes , so long as meet 4 part test |
| Children testifying | they can and is not set minimal age, if they can meet 4part test, specially true from lie |
| Are competent witness to testify for each other (yes) | husband/wife |
| Judge | are not competent to testify in case that they are presiding (No in his case) |
| Jury | are not competent to testify in case that they are presiding (not presiding in his case) |
Created by:
fareed79
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