Deck 4: Direct and Circumstantial Evidence and the Use of Inferences

Question 1

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

A)evidence.
B)proof
C)presumption
D)Diligence

Answer 1

A

Question 2

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.

Answer 2

A

Question 3

In court, similar crimes by the defendant

A)are never admissible.
B)are always admissible.
C)is always competent evidence.
D)may be admissible under some circumstances.

Answer 3

A

Question 4

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.

Question 5

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

A)defeat affirmative defenses.
B)ultimately win the case.
C)avoid a directed verdict against them.
D)get the case to the jury.

Question 6

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.

Question 7

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

A)counsel
B)subpoena witnesses
C)a public trial
D)a trial by jury

Question 8

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.

Question 9

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

Question 10

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.

Question 11

In general, presumptions are inferences that

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

Question 12

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

Question 13

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.

Question 14

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.

Question 15

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.

Question 16

Proof is the result of

A)evidence.
B)deductions.
C)inductions.
D)jury instructions.

Question 17

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

A)convictions
B)deductions.
C)inferences
D)determinations

Question 18

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.

Question 19

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

A)evidence.
B)deductions.
C)persuasion
D)production

Question 20

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)impression of neighbors about the defendant's income.
C)the net worth method.
D)written confessions.

Question 21

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

Question 22

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

Question 23

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

Question 24

Threatening witnesses or discouraging others from cooperating with the police can sometimes be admissible circumstantial evidence of guilt.

Question 25

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

Question 26

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

Question 27

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

Question 28

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

Question 29

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

Question 30

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

Question 31

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

Question 32

Evidence is derived from proof.

Question 33

Motive is generally an element of most crimes.

Question 34

Evidence of prior similar crimes or bad acts is never admissible against a criminal defendant.

Question 35

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

Question 36

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

Question 37

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

Question 38

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

Question 39

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

Question 40

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

Question 41

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

Question 42

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

Question 43

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

Question 44

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

Question 45

_____________ were designed to protect victims at sexual assault trials.

Question 46

The prosecution must prove the defendant's guilt beyond a/n ____________.

Question 47

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

Question 48

Circumstantial evidence requires that the fact finder draw ______________.

Question 49

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

Question 50

_________________ indicates a crime has been committed.

Question 51

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

Question 52

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

Question 53

______________ evidence is evidence that proves a fact in issue indirectly.

Question 54

Means, opportunity, and _____________ are frequently used as circumstantial evidence of guilt.

Question 55

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?

Question 56

____________ is the result of evidence.

Question 57

Discuss corpus delicti in relation to circumstantial evidence.

Question 58

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

Question 59

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

Question 60

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

Question 61

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?

Question 62

Differentiate a presumption from an inference.

Question 63

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