Exam 3: Proof Via Evidence

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.

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?

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

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

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

When the prosecutor has introduced what he or she considers is sufficient evidence to make a case against the defendant, he or she signifies the completion of his or her case in chief by announcing:

In a criminal case, Brown v. State, defense counsel moved for a mistrial because alleged Brady material [a request to be notified concerning exculpatory evidence in the hands of the prosecution] was not disclosed by the prosecution until the trial had been under way for two days. During the trial, one of the allegedly stolen items, a laptop computer, was discovered in the possession of a man named Bobbo. The prosecution made Bobbo available for trial testimony, to mitigate the newly discovered evidence. Even though the prosecution did not know of the whereabouts of the stolen laptop computer or of its existence until police notified the prosecution about the evidence of the stolen laptop, the defendant contended that his trial would be unfair if it continued. The trial judge:

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.

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?

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?

Evidence offered for inspection at trial may cause an objection by the opposing party as to form or as to substance. The question may be challenged as to substance if:

The Brady doctrine states that it is reversible error for the prosecutor to use evidence that he or she knows or should know is untrue and to withhold exculpatory evidence favorable to the defense. In the case of Maddox v. Montgomery, the Court of Appeals for the Eighth Circuit enumerated four types of situations in which the Brady doctrine applies. What are these four situations?

In a criminal case involving s jury, after all the prosecution's evidence has been presented and before the defense presents its case, the defense requests that the trial judge enter a judgment of acquittal, the role of the trial judge: