Deck 11: Circumstantial Evidence

Question 1

A crime is divided into three component parts: preparation,intent to act,and physical act to cause a particular result.

Answer 1

False

Question 2

Circumstantial evidence is reserved only for the prosecution in an effort to prove the guilt of the defendant.

Answer 2

False

Question 3

If a judge decides the jury should not have heard information stated by a witness,the judge may declare a mistrial.

Answer 3

True

Question 4

Evidence may be determined to be relevant but not admissible.

Question 5

Direct evidence is defined as a chain of facts and circumstances indicating the existence of a fact.

Question 6

Circumstantial evidence is sometimes called indirect evidence.

Question 7

Uncharged misconduct evidence is admissible,if it is relevant,even if it is substantially different from the charged act.

Question 8

Direct evidence is usually more reliable than circumstantial evidence.

Question 9

To be admissible,direct or circumstantial evidence must be presented through witnesses who have personal knowledge about the subject of their testimony.

Question 10

Juries are allowed to hear evidence of past crimes because this type of evidence has been shown not to be prejudicial.

Question 11

Circumstantial evidence is inferior to direct evidence.

Question 12

The rules of admissibility are the same for direct and circumstantial evidence.

Question 13

Intent and motive are not the same thing.

Question 14

Direct evidence is the product of a person's sensory perception.

Question 15

In order to introduce "bad acts" evidence,the conduct must have occurred prior to the charged crime.

Question 16

Most courts that make no distinction between direct and circumstantial evidence continue to define the two categories of evidence for a jury.

Question 17

Eyewitness identification testimony is almost always a very reliable source of direct evidence.

Question 18

An officer should try to respond immediately to the prosecution's questions before the defense has an opportunity to object.

Question 19

Only direct evidence must meet the requirement of relevance to be admissible.

Question 20

Motive and intent are legally the same thing.

Question 21

Huddleston v.United States is an example of the:

A)breakdown of a crime into two component parts
B)introduction of other bad acts to prove mens rea
C)introduction of similar acts to prove plan or design
D)use of uncharged misconduct evidence to prove bad character

Question 22

Prior crimes known to have been committed by the defendant may sometimes be introduced into evidence to prove that the defendant committed the crime for which he or she is now charged.

Question 23

Mens rea refers to what particular aspect of a crime?

A)The physical act causing a particular result
B)Planning and preparation
C)Mental state of the defendant
D)Motive for committing a particular act

Question 24

Proof of uncustomary acts,statements,or appearance may be introduced to show evidence of modus operandi.

Question 25

Self-defense may be based on the theory of fear.

Question 26

The modern character evidence rule states that evidence of a person's character or trait of character:

A)is admissible for the purpose of proving action in conformity therewith on a particular occasion.
B)is admissible only if the judge determines that the probative value is outweighs any prejudicial effect.
C)is not admissible for the purpose of proving that the defendant acted in conformity the trait of character.
D)character evidence is admissible as long as it is reliable.

Question 27

Rape shield laws are designed to prevent the defense from introducing evidence concerning the character of the victim of a sexual assault.

Question 28

Evidence of other crimes,acts,or wrongs committed by the accused may be introduced during a criminal trial if the judge finds that:

A)they are pertinent to the prosecution's case against the defendant.
B)they are pertinent to issues other than bad character and the introduction of such evidence will not unduly prejudice the jury.
C)they relate to certain trial issues in dispute and the introduction of such evidence will not prejudice the jury.
D)they are relevant to the defendant's bad character.

Question 29

When the accused attacks the character of an alleged victim,the door is open to attack the same character trait of the accused.

Question 30

The name for a motion to exclude or admit evidence is:

A)pretrial motion
B)motion in limine
C)writ
D)injunction

Question 31

There is no limit as to the number of character witnesses that may be introduced at trial.

Question 32

The prosecution cannot show bad character or prior acts of misconduct until the defendant opens the issue.

Question 33

According to FRE 405(a),a character witness may testify only by describing the defendant's attributes,traits or abilities.

Question 34

Black's Law Dictionary defines which of the following as "something,esp.willful desire that leads one to act"?

A)Modus operandi
B)Intent
C)Catalyst
D)Motive

Question 35

According to FRE 404(b),other crimes or misconduct of the accused can be strong circumstantial evidence of guilt with respect to all of the following issues except:

A)likelihood.
B)motive.
C)preparation.
D)intent.

Question 36

A defendant is required by the Constitution of the United States to take the stand in his or her own defense.

Question 37

The prosecution may fabricate information regarding a defendant in order to test a character witness.

Question 38

To establish identity,the prosecution may introduce all of the following types of evidence except:

A)other crimes with the same modus operandi
B)other crimes in which the defendant had the ability and means with which to commit the crime in question
C)circumstantial evidence
D)evidence of acts of misconduct which are not a part of the charge for which the defendant is now being tried

Question 39

The defendant's good character rule requires that the evidence of good character have some bearing upon the crime charged.

Question 40

FRE 403 requires the judge to exclude relevant evidence if:

A)its probative value is substantially outweighed by a danger of unfair prejudice
B)the prejudice,confusing the issues or potential for misleading of the jury outweighs its probative value
C)its probative value is outweighed by a danger of unfair prejudice
D)the relevancy of the circumstantial evidence is based primarily on logic,reasonableness,good sense and good judgment

Question 41

What are the three exceptions to FRE 412,prohibiting the introduction of evidence that a sexual assault victim engaged in other sexual behavior or proof of a victim's sexual predisposition?
A.Evidence of other sexual acts by the victim is admissible to prove that a person other than the accused was the source of semen,injury,or other physical evidence.
B.Evidence of other sexual acts between the victim and the accused may be used to prove either that the victim consented to the sexual conduct in question or that the accused honestly,but mistakenly,believed the victim did consent.
C.Evidence may be presented if its exclusion would violate the constitutional rights of the defendant.

Question 42

Intent can only be proved by:

A)direct evidence.
B)common plan or design.
C)actus reus.
D)circumstantial evidence.

Question 43

The relevancy of circumstantial evidence is based primarily on:

A)logic.
B)good sense.
C)reasonableness.
D)reliability.

Question 44

When a defendant tries to prove that he acted in self-defense,what must he or she show?

Question 45

Modus operandi refers to:

A)a defendant's motive for committing a particular crime
B)the mens rea of the defendant
C)a chain of events leading to an inference of the existence of a particular fact
D)a distinctive pattern of committing crimes

Question 46

The "special balancing test," administered with respect to FRE 609,requires that the trial judge find which of the following before evidence may be admitted?

A)The probative value of a previous conviction be less than the prejudicial effect to the accused.
B)A previous conviction that involves dishonesty or false statements be substantially more probative than prejudicial against the defendant.
C)The evidentiary value of a previous conviction be greater than the prejudicial effect to the accused.
D)The prejudicial effect of any evidence of prior convictions be greater than its evidentiary value.

Question 47

All of the following are examples of circumstantial evidence that may be admitted to prove the accused's consciousness of guilt except:

A)fleeing from the scene of a crime.
B)being in a highly emotional state after a murder.
C)using a fictitious name with the police.
D)not saying anything when accused of a crime by a police officer.

Question 48

The law generally prohibits evidence of a defendant's character because

A)it is unreliable.
B)it is often very prejudicial.
C)it is explicitly prohibited by the Sixth Amendment.
D)it is often hearsay.

Question 49

Actus reus refers to:

A)the defendant's prior bad acts
B)similar acts of misconduct by the defendant
C)the physical act of a crime
D)the mental state of the defendant

Question 50

All of the following are theories often used to prove the identity of a perpetrator of a crime except:

A)existence of a plan or pattern of conduct that implies a plan.
B)doctrine of chances.
C)absence of accident.
D)opportunity.

Question 51

Prior bad acts that are evidence of a common plan or design are used to prove:

A)that the defendant had a particular intent with respect to the charged crime
B)the mental element of the crime
C)that the defendant engaged in the conduct for which he or she is charged
D)that the defendant had a particular motive to commit the crime for which he or she is charged

Question 52

Which of the following illustrates the difference between motive and intent?

A)Motive and intent are the same thing.
B)Motive is that which moves a person to act,whereas intent is a state of mind.
C)Intent is that which moves a person to act,whereas motive is a state of mind.
D)Intent explains why a person acted.

Question 53

FRE 413 allows the prosecution in sexual assault cases to:

A)introduce character witnesses.
B)enforce "rape shield" laws.
C)introduce evidence regarding other uncharged sexual conduct by the accused.
D)introduce evidence concerning any prior misconduct by the defendant.

Question 54

"Opening Pandora's box" can refer to:

A)the introduction of evidence of modus operandi.
B)presenting evidence of past bad acts by the defendant.
C)the introduction of evidence of good character by the defendant.
D)an attempt by the prosecution to impeach the defendant's character witnesses.

Question 55

A case illustrating the use of prior acts evidencing a common plan or design to prove a defendant's mental state is:

A)Huddleston v.United States
B)People v.Ewoldt
C)People v.O.J.Simpson
D)Estelle v.McGuire

Question 56

A case illustrating the use of the doctrine of chances is:

A)"Brides of the Bath"
B)Estelle v.McGuire
C)People v.Ewoldt
D)State v.Cassidy

Question 57

What are some important factors in considering the character of a witness?

Question 58

An employee who had keys to a locked drawer in the case of a theft of valuables in the drawer gives rise to circumstantial evidence relating to:

A)motive
B)planning
C)means
D)intent

Question 59

The doctrine of chances refers to:

A)an attempt to convince a jury that the charged crime is not an isolated event due to chance
B)an attempt to prove that injuries sustained in a particular instance are the result of an accident
C)the defendant's attempt to prove the possibility that the crime occurred as the result of a mistake
D)the practice of admitting statistics to prove a fact

Question 60

Rule 404(a)(B)(ii)provides that when an accused attacks the character of an alleged victim under 404(a)(2)(B):

A)the accused is limited to character traits related to the victim's propensity for violence.
B)the door is open to attack the same character trait of the accused.
C)self-defense must be at issue.
D)the defendant must have personal knowledge of the trait at issue.

Question 61

What does the expression "opening Pandora's box" mean?

Question 62

What is the reputation of a defendant and how do you prove it in a criminal trial?

Question 63

What are some reasons why rape victims are often reluctant to report their attacks?

Question 64

What is the doctrine of chances?

Question 65

In a homicide case,explain what the defendant may show at trial when the defendant's self-defense claim is that the victim was the first aggressor.

Question 66

What are some examples of consciousness of guilt?

Question 67

Explain when a victim's character is at issue at trial.