Exam 3: Forms of Evidence

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Discuss key examples of guilty actions and consciousness of guilt.

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Demonstration of post-event behavior that is uncharacteristic can be used as circumstantial evidence. Sudden changes to hairstyle, facial hair, and clothing style are all examples of possibly guilty actions. Concealment, destruction, or sale of items that could have been used as evidence is another action of the guilty. Coming into sudden wealth and demonstrating it by purchasing large items or paying off large sum of debt is another example of an action of those that might be guilty. Some accused may fight prosecution or threaten a witness in order to hamper the furtherance of the case. Other guilty circumstantial evidence can include: adoptive admissions, admissions by silence, failure or refusal to call witnesses, produce evidence, or submit to physical examinations, actions taken to obstruct justice, plea negotiations, and payment of medical expenses.

Discuss under which circumstances jurors are not free to draw their own conclusions or inferences and are instructed on how to interpret a particular piece of evidence.

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Although there are plenty of opportunities to infer or use circumstantial evidence against the accused, there are also specific time in which the jury is instructed otherwise. Stipulations are mutual agreements between opposing counsels regarding specific facts of the case, although the stipulation of a fact is often more advantageous to one side and can be rejected by the opposing side. A presumption is a conclusion that is required by law, based on logic, and when presented by the prosecution must be established beyond reasonable doubt. Presumptions can be conclusive or rebuttable. The final type of jury instruction is a judicial notice. A judicial notice in which the judge makes a determination of fact without the formality of examination by a jury. Judicial notices can be legislative facts or adjudicative facts.

Per Rule 404 of the Federal Rules of Evidence, character evidence is admissible for the demonstration of guilt.

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Match up the terminology to the definitions : -Motive

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A conclusion or deduction, which is required by law, is called:

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Match up the terminology to the definitions : -Inferences

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Match up the terminology to the definitions : -Direct evidence

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Under federal law only individuals, in the case of child molestation, under the age of _________ are considered children.

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Match up the terminology to the definitions : -Relevancy

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Explain direct and circumstantial evidence and the need for all evidence to be admissible by being relevant, material, and competent.

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Due to the lack of evidentiary proof offered, judicially noticed facts are also known as nonevidence facts.

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Means may be established through the demonstration of which of the following, except?

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Evidence may be defined as any means which seeks to establish or prove the veracity of a fact in question.

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Until the passage of rape shield laws, victims could be asked questions regarding their sexual history, their sexual preferences, and even sexual activity with their spouses.

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___________ evidence is any evidence which may be perceived with one of the five senses.

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Real evidence is any evidence which may be perceived with one of the five senses. It is the object itself, or a representation, testimonial impression, viewpoint, or expert opinion.

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A product of an agreement between opposing counsels as to a specific facts of the case is known as:

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Match up the terminology to the definitions : -Materiality

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The final standard of admissibility of evidence is most consistent with the Federal Rule 401. By far the most stringent, Rule 401 is more likely to result in the admissibility of an item than not.

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According to Mueller and Kirkpatrick (2004), there are __________ evaluative schemes in place on the interpretation of the relevance of an item in question.

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