Question 1

The jury, and in some instances the judge, must make decisions regarding guilt or innocence in a criminal case. What sources of information do the fact finders use to make these decisions?

Accepted Answer

The fact finders, such as the jury and sometimes the judge, use a variety of sources of information to make decisions regarding guilt or innocence in a criminal case. These sources may include testimonies from witnesses, physical evidence, forensic evidence, expert opinions, and any relevant documents or records. They may also consider the credibility of the witnesses, the consistency of the evidence, and the arguments presented by the prosecution and defense. Additionally, the fact finders may rely on the instructions provided by the judge regarding the applicable laws and legal standards. Overall, the fact finders use a combination of evidence and legal guidance to reach a decision in a criminal case.

Question 2

Prior to a criminal trial, the prosecuting and defense attorneys have an opportunity to make pretrial motions that address issues of the admissibility or exclusion of evidence. Name at least three subjects of pretrial motions.

Accepted Answer

1. Motion to suppress evidence: This motion requests that certain evidence be excluded from the trial because it was obtained illegally or in violation of the defendant's rights, such as evidence obtained through an illegal search or seizure.

2. Motion to dismiss charges: This motion asks the court to dismiss the charges against the defendant for various reasons, such as lack of evidence, prosecutorial misconduct, or violation of the defendant's rights.

3. Motion for change of venue: This motion requests that the trial be moved to a different location due to concerns about the ability to receive a fair trial in the original jurisdiction, often due to extensive pretrial publicity or community bias.

Question 3

Why would it be advisable to resolve some issues relating to the admissibility of evidence during the pretrial stage instead of waiting until a relevant time during the actual trial on the merits?

Accepted Answer

It would be advisable to resolve some issues relating to the admissibility of evidence during the pretrial stage instead of waiting until the actual trial on the merits for several reasons.

Firstly, addressing these issues early on can help streamline the trial process. By resolving admissibility issues beforehand, the trial can proceed more efficiently without interruptions or delays. This can ultimately save time and resources for both the court and the parties involved.

Secondly, resolving admissibility issues during the pretrial stage allows for better preparation and strategy development. Knowing which evidence will be admissible can help attorneys tailor their arguments and presentations accordingly. It also gives them the opportunity to seek alternative evidence or adjust their case strategy if necessary.

Additionally, addressing admissibility issues early on can promote fairness and transparency in the legal process. It allows both parties to understand the parameters of the evidence that will be considered, reducing the likelihood of surprises or unfair advantages during the trial.

Furthermore, resolving admissibility issues during the pretrial stage can contribute to a more informed and focused trial. By clarifying which evidence will be allowed, the trial can center on the relevant and material facts, leading to a more effective and just resolution of the case.

Overall, addressing admissibility issues during the pretrial stage can lead to a more efficient, fair, and focused trial process, benefiting all parties involved.

Question 4

When a witness on the stand is questioned by the attorneys or judge, the opposing attorney may challenge or object to the questions asked. Under what conditions may an attorney make the objection concerning the form of the question? As to substance?

Accepted Answer

The answer of When a witness on the stand is...

Question 5

When is a question considered leading? Give an example of a leading question.

Accepted Answer

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Question 6

Precedent and history have established procedures for presenting evidence in court. In the usual criminal case, what is the order of presenting the evidence? What are the limitations of each party in offering rebuttal evidence and rejoinder evidence?

Accepted Answer

The answer of Precedent and history have established procedures for...

Question 7

Why does the prosecution present its evidence before the defense presents its evidence?

Accepted Answer

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Question 8

If the introduction of evidence is challenged by the opposing party, what is the procedure for offering the objection and for preparing the record to allow for an appeal of a judge's adverse ruling?

Accepted Answer

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Question 9

Explain why an attorney's objection to the introduction of evidence must be specific and be made in a timely manner?

Accepted Answer

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Question 10

The judge, jury, witnesses, and attorneys play important parts in evidentiary matters. Name at least five responsibilities of the trial judge in relation to the introduction of evidence. Under what circumstances may a judge make comments to the jury?

Accepted Answer

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Question 11

What factors are used to determine the propriety of any comment by the trial judge in a jury trial?

Accepted Answer

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Question 12

A judge may offer comments on the evidence in a criminal case. Give an example of a situation in which a judge offered inappropriate comments that affected the outcome of a trial.

Accepted Answer

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Question 13

What limitations does a judge have when making comments on the evidence?

Accepted Answer

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Question 14

What is the function of the jury in a criminal case?

Accepted Answer

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Question 15

What limitations should a jury or a juror observe when sitting or deliberating on a case?

Accepted Answer

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Question 16

What is the role of the witness-especially a law enforcement witness-in a criminal case?

Accepted Answer

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Question 17

In 1985, the Supreme Court of the United States, in a very comprehensive opinion, discussed the responsibilities of the prosecutor and the defense counsel. What was the standard of conduct that was established by the Supreme Court for prosecutors? Does the standard of conduct for the prosecution differ from that for the defense?

Accepted Answer

The answer of In 1985, the Supreme Court of the...

Question 18

What are the responsibilities of the prosecutor in a criminal case?

Accepted Answer

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Question 19

What are the responsibilities of the defense attorney in a criminal case?

Accepted Answer

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Question 20

Why must a prosecutor give the defense significant evidence prior to trial if the defense asks to see exculpatory prosecution evidence?

Accepted Answer

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Quiz 3: Proof Via Evidence