Criminal Evidence and Procedure-

1)

Proof is the result of

(2pts)

Question 1 - Proof is the result of

	evidence.
	deductions.
	inductions.
	jury instructions.

2)

Evidence consists of the materials presented to the trier of fact

(2pts)

Question 2 - Evidence consists of the materials presented to the trier of fact

	pursuant to presumptions.
	to convince them of the existence of a fact.
	to explain the judge's instructions.
	to attempt to contradict inferences.

3)

The prosecution has to prove the defendant's guilt

(2pts)

Question 3 - The prosecution has to prove the defendant's guilt

	by a preponderance of the evidence.
	by clear and convincing evidence.
	beyond a reasonable doubt.
	beyond probable cause.

4)

The burden of proof states the level of proof a part must meet to

(2pts)

Question 4 - The burden of proof states the level of proof a part must meet to

	defeat affirmative defenses.
	ultimately win the case.
	avoid a directed verdict against them.
	get the case to the jury.

5)

Circumstantial evidence is evidence that proves a fact in issue

(2pts)

Question 5 - Circumstantial evidence is evidence that proves a fact in issue

	indirectly or by inference.
	directly by eyewitness testimony.
	only by the use of presumptions.
	by contradicting other evidence.

6)

Direct evidence is evidence that proves a fact

(2pts)

Question 6 - Direct evidence is evidence that proves a fact

	without the need of inferences or presumptions.
	by the drawing of inferences.
	by the use of inductive or deductive reasoning.
	by judicial notice.

7)

InHolland 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

(2pts)

Question 7 - 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

	eyewitness testimony.
	impression of neighbors about the defendant's income.
	the net worth method.
	written confessions.

Question 8 - Circumstantial evidence frequently takes the form of showing that the defendant had means, opportunity, and

	the required tools.
	sufficient criminal knowledge.
	a prior criminal record.
	motive.

Question 9 - Evidence of flight from the scene of a crime is

	sufficient by itself to establish guilt.
	never admissible.
	direct evidence of guilt.
	never sufficient by itself to establish guilt.

Question 10 - In court, similar crimes by the defendant

	are never admissible.
	are always admissible.
	is always competent evidence.
	may be admissible under some circumstances.

Question 11 - A defendant does not testify at his or her criminal trial. The judge or jury

	may use this as evidence of guilt.
	may draw an inference of guilt from this.
	is no longer required to give the defendant the presumption of innocence.
	may not use this as evidence of guilt or draw an inference of guilt.

Question 12 - 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.
	due to insanity.
	unknowing.
	accidental.

Question 13 - In general, presumptions are inferences that

	the judge or jury may make if they so desire.
	the judge or jury are required to make.
	cannot be used to defeat a motion for a directed verdict.
	cannot be used against the prosecution.

Question 14 - Inferences are reasonable conclusions that judges or juries

	are required to draw.
	may draw if they so desire.
	cannot be used against a defendant.
	cannot be used against the prosecution.

Question 15 - In some instances, presumptions may operate against a defendant's right to ____________ and thus be unconstitutional.

	counsel
	subpoena witnesses
	a public trial
	a trial by jury

Question 16 - _____________are reasonable conclusions or deductions that fact finders (juriesor judges) may draw from the evidence presented to them.

	convictions
	deductions.
	inferences
	determinations

Question 17 - _________ is ordinarily defined as the means of establishing and proving the truthor untruth of any fact that is alleged.

	evidence.
	proof
	presumption
	Diligence

Question 18 - The burden of ___________requires the party with the burden on a factual issue to introduce sufficient relevant evidence to prove the fact at issue.

	evidence
	proof
	persuasion
	production

Question 19 - The burden of __________requires the party with the burden to produce sufficient evidence to persuade the fact finder that a fact exists.

	evidence.
	deductions.
	persuasion
	production

Question 20 - 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
	conclusion
	presumption
	assumption

Question 21 - Evidence is derived from proof.

True False

Question 22 - Due process requires that criminal guilt be proven by the government beyond a reasonable doubt.

True False

Question 23 - The U.S. Supreme Court has held that trial judges must give juries a definition of proof beyond a reasonable doubt.

True False

Question 24 - Direct evidence is evidence that proves a fact in issue by the use of inferences.

True False

Question 25 - A conviction cannot be valid if it is based solely on circumstantial evidence.

True False

Question 26 - A full confession about the crime would be an example of direct evidence.

True False

Question 27 - Evidence that the defendant was seen running from the scene of the crime shortly after the crime occurred would be circumstantial evidence of guilt.

True False