Deck 4: Direct and Circumstancial Evidence

Question 1

The determination of guilt or innocence may be based on:

A) Direct evidence
B) Circumstantial evidence
C) A combination of direct evidence and circumstantial evidence
D) All of the above

Answer 1

D

Question 2

In determining which version of the evidence to believe, jurors evaluate:

A) The credibility of the evidence
B) The believability of the evidence
C) The demeanor of the witnesses
D) All of the above

Answer 2

D

Question 3

Evidence that the defendant possesses the specialized ability to commit the crime is:

A) Inadmissible at his trial
B) Admissible as direct evidence
C) Admissible to demonstrate that that defendant has the skills necessary to commit the crime
D) Inadmissible because the probative value is outweighed by the prejudicial impact it would have

Answer 3

C

Question 4

Examples of crimes that require specialized knowledge include all of the following, except:

A) Art forgery
B) Bank robbery
C) Constructing sophisticated explosive devices
D) Cybercrime

Question 5

Circumstantial evidence of ability to commit a crime includes evidence of all of the following, except:

A) The means to commit the crime
B) The specialized skill needed to commit the crime
C) The motive to commit the crime
D) The physical capacity to commit the crime

Question 6

The introduction of a defendant's impotence by the defense:

A) Is circumstantial evidence that the defendant lacked the physical capacity to commit the offense
B) Is inadmissible as hearsay
C) Is not relevant since the burden of proof falls on the prosecution
D) Is direct evidence of the defendant's innocence

Question 7

All of the following are examples of circumstantial evidence of a person's mental incapacity to commit a crime, except:

A) Expert psychiatric testimony
B) The defendant's lack of remorse
C) The defendant claiming he was an alien
D) Both b and c

Question 8

An example of circumstantial evidence of an inference of consciousness of person's guilt is:

A) The defendant invoking his or her Fifth Amendment right against self-incrimination during cross-examination of the defendant by the prosecutor
B) The defendant in a rape case weighed more than two times more than the victim weighed, allowing him to take advantage of his size to subdue and rape the victim
C) The defendant destroyed the clothing that he was wearing on the day of the murder
D) All of the above are correct.

Question 9

Which of the following is circumstantial evidence that raises the inference that the defendant is guilty?

A) Flight to avoid arrest or prosecution
B) Flight to avoid trial
C) Flight to avoid incarceration following a conviction
D) All of the above

Question 10

Important considerations that factor into the weight of circumstantial evidence of flight include:

A) The length of time between the commission of the crime and the flight
B) The distance of the flight
C) The circumstances surrounding the flight
D) Both a and c

Question 11

Issues that courts have found important in evaluating the probative value of flight against it prejudicial impact include:

A) Flight may have been motivated by panic
B) Flight may have motivated by the defendant's fear that he or she would not get a fair trial
C) Flight may have been prompted by a pre-existing commitment to relocate to another state
D) All of the above

Question 12

Post-arrest behavior that can constitute circumstantial evidence of a consciousness of one's guilt for a crime includes:

A) Invoking one's Fifth Amendment right
B) Flight to avoid trial
C) Intimidation of witnesses
D) Only and c

Question 13

Which of the following statements is correct?

A) An offer to plead guilty during plea negotiations is admissible in the defendant's subsequent trial.
B) An offer to plead guilty during plea negotiations is inadmissible in the defendant's subsequent trial because it lacks probative value.
C) An offer to plead guilty during plea negotiations is inadmissible in the defendant's subsequent trial because it would be highly prejudicial.
D) None of the above statements are correct.

Question 14

Prosecutors may offer evidence of the child sexual abuse accommodation syndrome (CSAAS) in a child sexual abuse case:

A) To explain a conduct of the child that may appear to the jury as inconsistent with abuse
B) To cast doubt on the child's credibility
C) To encourage the child to testify
D) Both a and c

Question 15

The Federal Rules of Evidence limit the introduction of character evidence at trial because:

A) Character evidence diverts attention form the criminal charge
B) Wastes time
C) Both a and b
D) Neither a nor b

Question 16

In a criminal trial for assault, the prosecutor may introduce evidence that the defendant has failed to pay court ordered child support for 5 years in order to:

A) Demonstrate to the jury that the defendant is a "bad person"
B) Help establish motive for the crime
C) Focus attention on the criminal charge
D) None of the above

Question 17

Limitations on the introduction of character evidence into a trial are rooted in concerns that character evidence:

A) Diverts attention from the criminal trial
B) Creates a risk of prejudice
C) Limits the scope of the defendant's actions
D) Both a and b

Question 18

Character evidence is admissible:

A) When character is an essential element of the crime
B) When the victim calls the defendant's character into question
C) To establish the defendant's habits
D) To divert attention from the defendant's demeanor

Question 19

In a homicide case, if evidence is offered suggesting that the victim was the first aggressor, and the defendant was acting in self-defense:

A) The prosecutor can offer evidence of the victim's peacefulness to rebut the evidence
B) The prosecutor must wait for the defendant to put the character of the victim at issue
C) There is a special rule of evidence that expands the prosecutor's ability to offer evidence of the victim's character
D) Both a and c

Question 20

Which of the following is a true statement about habit?

A) Habit is a general practice, such as being known as a safe driver.
B) Habit is not admissible to show that the defendant acted consistent with his or her habit on a specific occasion.
C) Habit evidence refers to regular response to a repeated specific situation.
D) Habit evidence is inadmissible because the prejudice it creates is greater than its probative value.

Question 21

__________ is specific behavior that is repeated over and over again when confronted with a specific situation.

A) Custom
B) Habit
C) Character
D) Compulsion

Question 22

An individuals' general tendencies, such as honesty or violence, are:

A) Custom.
B) Habit
C) Character
D) Compulsion

Question 23

Habit is:

A) Specific
B) Routine
C) Continuous
D) All of the above

Question 24

The Federal Rules of Evidence:

A) Specifically define habit in Rule 406
B) Are liberal in allowing habit evidence into evidence
C) Leave it to the trial court to determine the type of evidence that is admissible to prove habit
D) Strictly limit the type of evidence that is admissible to prove habit

Question 25

According to Rule 404(a), character evidence of the accused is inadmissible, except when:

A) Evidence of a pertinent trait of character is offered by an accused
B) The prosecution offers evidence of a pertinent trait to rebut evidence of pertinent trait introduced by the accused
C) Both a and b
D) Neither a nor b

Question 26

Under Rule 405, character can be proven by:

A) Reputation
B) Opinion
C) Specific instances of conduct
D) All of the above

Question 27

Evidence of prior criminal acts is generally:

A) Admissible
B) Not admissible
C) Not addressed by the Federal Rules of Evidence
D) Not prejudicial

Question 28

Other acts evidence is:

A) Relevant to prove intent
B) Relevant when the defendant denies criminal intent
C) Irrelevant to prove intent
D) Both a and b

Question 29

All of the following are not true about motive, except:

A) Motive is an element of a crime
B) Motive is the equivalent of intent
C) Motive may be used to help prove intent
D) Is inadmissible

Question 30

Prior criminal acts of the defendant are admissible:

A) To establish motive
B) To establish intent of knowledge
C) To establish intent
D) None of the above are correct

Question 31

All of the following statements are true about motive evidence, except:

A) Bob's jealously of his ex-girlfriend's new boyfriend, Tom, could be evidence of motive when Tom is found murdered.
B) Mary's hatred of same-sex couples could be evidence of motive in Mary's trial for murdering a lesbian couple after seeing their marriage ceremony on the local television station.
C) A restaurant owner's dire financial situation could be evidence of motive in the owner's trial for burning down his restaurant to collect the insurance proceeds.
D) All of the above are correct.

Question 32

The prosecution is attempting to introduce Marty's threat to commit the crime as circumstantial evidence that Marty did commit the crime. According to State v. Dukette, the weight given to this evidence depends on all of the following, except:

A) The nature and the context of the threat
B) The length of time between the threat and the criminal act
C) Whether the threat was written or verbal
D) Whether witnesses can testify to the threat

Question 33

All of the following are true about prior false claims evidence, except:

A) The filing of a false claim for the same crime in the past is irrelevant.
B) The filing of a false complaint raises an inference that the present complaint is also false.
C) The evidence of the false claim is typically brought out on cross-examination of the complainant by the defense attorney.
D) Prior false claims of sexual assault may be relevant to a complainant's credibility if the prior claims were proven false.

Question 34

Which of the following identifies a hurdle that the prosecutor had to overcome in a rape case under common law?

A) The victim's alleged rape required some form of corroboration, such as physical trauma or witness.
B) The victim's past sexual conduct was admissible as to show that the victim consented to the sexual act in question.
C) Failing to promptly file a complaint with the authorities was evidence that the victim's complaint was not genuine.
D) All of the above represent hurdles the prosecutor had to overcome.

Question 35

Under the rape shield laws:

A) There is little or no restrictions placed on the cross-examination of the victim
B) Evidence of the victim's reputation for sexual "virtuosity" is admissible
C) Evidence of the victim's past sexual activity with the defendant is admissible as evidence of consent
D) Only a and b are correct.

Question 36

Circumstantial evidence may be used to establish criminal intent as well as a criminal act.

Question 37

Fleeing the country after being arrested can be offered as circumstantial evidence of a person's guilt.

Question 38

The prosecutor wants to introduce into evidence the fact that the defendant invoked his Fifth Amendment right against self-incrimination. His effort will be successful.

Question 39

Information that a defendant shredded evidence is not admissible to prove consciousness of guilt.

Question 40

Statements made during plea negotiations over a guilty plea are admissible in trial since their probative value outweighs their prejudicial impact.

Question 41

Character evidence is considered highly prejudicial.

Question 42

Once the defendant opens the door by introducing evidence of a pertinent character trait, the prosecutor may rebut this evidence with evidence of the same trait.

Question 43

Under Federal Rule 405(b), a witness is permitted to testify about specific acts of the defendant's conduct.

Question 44

Under Federal Rule 405(a), proof of character may be made by testimony as to the reputation in the community at the time charges are filed against the defendant or by the witness's personal opinion.

Question 45

Habit is a type of character evidence.

Question 46

An act under the other acts exception must have occurred prior to the commission of the crime for which the defendant is being charged.

Question 47

The prosecution is barred from attacking the character of the accused unless the defendant "opens the door" by offering evidence of a pertinent character trait.

Question 48

Evidence of the victim's character is limited to reputation or opinion evidence.

Question 49

Under the Federal Rules of Evidence, in a homicide case, the prosecutor may offer evidence of the alleged victim's trait of peacefulness to rebut any evidence that the alleged victim was the first aggressor and does not have to wait for the defendant to place the character of the victim at issue.

Question 50

Evidence of prior criminal acts is never admissible.

Question 51

John always adjusts the rearview mirror before backing out of his driveway. John's actions can be introduced as character evidence.

Question 52

Witnesses testified that on 2 previous occasions, they heard Bob threaten to harm the neighbors' dog. This evidence can be introduced at Gary's trial for killing the dog as circumstantial evidence that Bob killed the dog.

Question 53

Gary is on trial for raping Mary. Gary's attorney intends to offer into evidence his past sexual activity with the victim as evidence of Mary's consent. Under the federal rape shield law, Gary's attorney's efforts to get this information into evidence will be successful.

Question 54

The rape shield laws may at times conflict with the defendant's constitutional right to confront his or her accusers.

Question 55

Identify two types of circumstantial evidence that can be admitted into evidence to show the defendant had the ability to commit the crime.

Question 56

What can a person's habit be admitted into evidence to establish?

Question 57

Why is the defendant's past criminal history generally inadmissible?

Question 58

Bob is on trial for raping Mary. Bob's attorney wants to question Mary about her past sexual history. Can he do so? Explain.

Question 59

During plea negotiations, Smyth offered to plead guilty to one count of robbery in exchange for the prosecutor agreeing to drop the other two charges against him. The prosecutor refused the offer and set the case for trail. At trial, the prosecutor wants to introduce as evidence the defendant's offer to plead guilty to the robbery. Can the prosecutor introduce this evidence? Support your response.

Question 60

Discuss situations when the defendant's behavior after a crime was committed can be circumstantial evidence of a consciousness of guilt.

Question 61

Can other acts evidence be admissible in a federal criminal trial? If not, why is it not admissible? If so, when can it be admissible?

Question 62

Compare and contrast habit evidence and character evidence.