Question 1

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

Accepted Answer

A crime is typically divided into two main elements: the physical act (actus reus) and the mental state (mens rea), not three. Preparation may be part of the context but is not universally considered a separate component part of a crime.

Question 2

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

Accepted Answer

Circumstantial evidence can be used by both the prosecution and the defense to prove or disprove a fact in a court case.

Question 3

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

Accepted Answer

If a judge determines that the jury has been exposed to prejudicial or inadmissible evidence, the judge may declare a mistrial.

Question 4

Evidence may be determined to be relevant but not admissible.

Accepted Answer

Relevant evidence is evidence that has a tendency to make a fact more or less probable than it would be without the evidence. However, even if evidence is relevant, it may not be admissible if it violates a rule of evidence, such as the hearsay rule, or is unfairly prejudicial, confusing, or misleading to the jury.

Question 5

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

Accepted Answer

Direct evidence directly proves a fact without the need for any inference or presumption, unlike the description which refers more accurately to circumstantial evidence.

Question 6

Circumstantial evidence is sometimes called indirect evidence.

Accepted Answer

Circumstantial evidence is evidence that is inferred from other established facts or circumstances rather than from direct observation. It can be considered indirect evidence because it requires interpretations or inferences to establish a connection to the fact being proved.

Question 7

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

Accepted Answer

Uncharged misconduct evidence can be admitted if it is relevant to the charged act, even if the uncharged misconduct is substantially different from the charged act. However, the evidence must also satisfy certain legal requirements such as being probative, not unfairly prejudicial, and meeting other evidentiary standards. The judge must assess whether the evidence is relevant to the proceeding and whether its value outweighs its potential harm to the defendant's right to a fair trial.

Question 8

Direct evidence is usually more reliable than circumstantial evidence.

Accepted Answer

The answer of Direct evidence is usually more reliable than...

Question 9

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

Accepted Answer

Direct or circumstantial evidence must be presented through witnesses who have personal knowledge about the subject matter of their testimony to be considered admissible in court. This is because such witnesses are considered to have firsthand knowledge of the facts they are attesting to, which lends their statements credibility and reliability. Without such witnesses, evidence may be considered hearsay and therefore inadmissible.

Question 10

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

Accepted Answer

Juries are generally not allowed to hear evidence of past crimes because it can be prejudicial and may unfairly sway their decision in the current case. There are some limited exceptions to this rule, such as when the past crime is directly relevant to the current case or when it is used to impeach the credibility of a witness.

Question 11

Circumstantial evidence is inferior to direct evidence.

Accepted Answer

Circumstantial evidence is not inherently inferior to direct evidence; it can be very powerful and is often used to establish a high level of proof based on inference, whereas direct evidence directly proves a fact without the need for inference. The reliability and strength of either type depend on the context and quality of the evidence presented.

Question 12

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

Accepted Answer

The rules of admissibility, such as relevance, reliability, authenticity, and hearsay, apply to both direct and circumstantial evidence.

Question 13

Intent and motive are not the same thing.

Accepted Answer

Intent refers to the purpose or plan behind an action, while motive refers to the underlying reason or driving force behind that purpose or plan. They are related concepts but not interchangeable.

Question 14

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

Accepted Answer

Direct evidence is obtained from a person's sensory perception or firsthand observation. It can be seen, heard, felt, tasted, or smelled by the person themselves.

Question 15

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

Accepted Answer

"Bad acts" evidence, also known as prior bad acts or evidence of other crimes, wrongs, or acts, can include conduct that occurred before, during, or after the charged crime. The admissibility of such evidence is generally for purposes such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident, and is not limited to acts that 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.

Accepted Answer

Even though some courts do not make a distinction between direct and circumstantial evidence, many still define the two categories of evidence for a jury to better understand the evidence presented in a trial.

Question 17

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

Accepted Answer

Eyewitness identification testimony may not always be reliable due to factors such as memory decay, suggestibility, and cognitive biases. Research has shown that eyewitnesses can make mistakes and even be influenced by suggestive questioning or lineup procedures. Therefore, it is not always a completely accurate 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.

Accepted Answer

As an officer, it is important to listen to both the prosecution and defense and allow them to complete their questions before responding. It is not appropriate to prioritize one side over the other. If there is an objection, the judge will rule on it and then the officer can respond if allowed.

Question 19

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

Accepted Answer

Both direct and circumstantial evidence must meet the requirement of relevance to be admissible in court. Relevance is a criterion for all types of evidence, not just direct evidence.

Question 20

Motive and intent are legally the same thing.

Accepted Answer

Motive and intent are different concepts in criminal law. Motive refers to a person's reason for committing a crime, while intent refers to the person's state of mind or purpose in committing the crime. A person may have a particular motive for committing a crime, but it does not necessarily mean that they intended to commit that crime.

Quiz 11: Circumstantial Evidence