Deck 3: Proof Via Evidence

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?

Answer 1

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.

Answer 2

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?

Answer 3

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?

Question 5

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

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?

Question 7

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

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?

Question 9

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

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?

Question 11

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

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.

Question 13

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

Question 14

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

Question 15

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

Question 16

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

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?

Question 18

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

Question 19

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

Question 20

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

Question 21

In preparing and prosecuting a criminal case, what discretion do prosecutors generally have?

Question 22

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

Question 23

An attorney has the duty to prepare witnesses or the defendant for offering testimony. What steps may an attorney take to properly prepare a witness for testimony without telling the witness what to say or encouraging perjury?

Question 24

What are some of the duties to a defendant that a defense attorney has, once an adverse result has been reached in the trial?

Question 25

Explain the difference between direct evidence and circumstantial evidence, and give one example of each.

Question 26

As a practical matter, is there a difference between the weight given by a jury to direct evidence and that to circumstantial evidence? Should there be any difference?

Question 27

Is evidence that is characterized as "circumstantial" admissible at trial in a criminal case? If admissible, is circumstantial evidence less persuasive than direct evidence? Explain.

Question 28

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?

Question 29

The Brady doctrine requires the prosecution to share information with the defense counsel upon certain requests. When the Brady material was not properly offered but this had no effect on the outcome of the criminal case, should the failure to share the Brady evidence result in a new trial?

Question 30

The prosecution has the ultimate burden of proof. Why was the conviction reversed in State v. Jordan?

Question 31

In a criminal case tried before a jury, the role of the jury involves making a determination of guilt or innocence. In making this decision, the jury:

A) may consider only facts presented in the form of direct evidence.
B) may consider facts presented in the form of direct evidence but also may consider information coming to them from other sources, such as information judicially noticed by the judge.
C) must make the decision only from judicially noticed information, legal presumptions, and judicially approved inferences.
D) may not consider circumstantial evidence.

Question 32

Prior to trial, the parties are given an opportunity to make pretrial motions pertaining to evidence. An issue that cannot be brought up at the pretrial motion stage is:

A) guilt or innocence of the accused based on the merits of the case before the court.
B) a motion to exclude evidence that has been secured in violation of the Fourth Amendment to the Constitution.
C) constitutional defects such as multiple prosecutions or failure to grant a speedy trial.
D) circumstantial evidence.

Question 33

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:

A) the question was a compound question.
B) it is a leading question.
C) it is a question that requires a yes or no answer.
D) the answer to the question would not be relevant.

Question 34

Procedures have been developed for the order of presenting evidence at trial. Usually, the:

A) defendant's evidence in chief is presented first.
B) prosecution's evidence in rebuttal is presented first.
C) defendant's evidence in chief is presented after the state has presented its evidence in chief.
D) defendant's evidence in rejoinder immediately follows the defendant's evidence in chief.

Question 35

During the prosecution's case-in-chief:

A) the prosecutor should introduce all of the evidence relative to guilt.
B) the prosecutor should save some of the best and most damaging evidence for the prosecution's case in rebuttal.
C) the prosecutor has full control over what evidence will be admitted for jury consideration.
D) does not have to allow cross-examination of the prosecution's witnesses because that would be confusing to the jury.

Question 36

During the prosecution's case in chief, the prosecutor:

A) determines which witnesses to call and in which order they should testify because this is the prerogative of the prosecutor.
B) must consult with the judge concerning the order in which witnesses for the prosecution will be called.
C) determines the admissibility of all of the prosecution witness testimony.
D) Responses a and b both are correct statements.

Question 37

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:

A) "the prosecution rests."
B) "the defense rests."
C) "the prosecution requests that the case be dismissed."
D) "the case is ready to be presented to the jury."

Question 38

If a witness on the stand is asked a question, the opposing party may challenge the question before an answer is elicited. In such a situation:

A) the first thing the opposing party does is take exception to the judge's ruling.
B) the judge cannot ask the objector to state specific grounds for his or her request that the answers be excluded.
C) the judge makes a decision that cannot be challenged either at the trial or after the trial.
D) the usual procedure is for the opposing party to "object," offer a specific reason, and wait for the judge to make a decision concerning the admissibility of the evidence.

Question 39

The judge in a criminal case:

A) may not give the jury guidance by statement of the relevant legal criteria.
B) is required to be inert and make no comments to the jury.
C) has little discretion in determining whether evidence is admissible.
D) must avoid any demonstrated hostility that might impair the appearance of impartiality.

Question 40

In criminal cases tried with a judge and jury, the judge:

A) has no power to control cross-examination by counsel.
B) makes the determination concerning the admissibility of evidence claimed to have been obtained in violation of the Constitution.
C) after hearing all of the testimony, makes the decision concerning guilt or innocence.
D) usually tells the prosecutor and defense attorney the best way for them to present their cases.

Question 41

In criminal cases in which the defendant has chosen a trial by jury, the function of the judge involves all of the following except:

A) controlling excessive cross-examination by counsel.
B) determining the admissibility of evidence claimed to have been obtained illegally.
C) after hearing the jury verdict, makes the decision concerning whether to allow the defendant to appeal.
D) deciding whether to allow a mentally defective witness to testify.

Question 42

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:

A) is to order an acquittal if, construing the evidence in the light most favorable to the state, evidence was presented before the trial court which would allow reasonable minds to reach different conclusions as to whether the state proved all the material elements of the charged crime.
B) is to consider whether the judge believes in the defendant's guilt and order an acquittal if the judge thinks the jury would agree that an acquittal is in order.
C) is always to require that the defense put on its case and, only then, reconsider the defense request for an acquittal.
D) None of the above is a correct response.

Question 43

The primary purpose of a witnesses who appear in criminal cases is:

A) usually not too important because the jury has the primary role of deciding the case, not the witness.
B) to present evidence to the court and jury.
C) to evaluate the testimony of the other witnesses.
D) to give oral testimony, but a witness may not introduce real or documentary evidence into court unless qualified as an expert witness.

Question 44

In a criminal case, the jury:

A) determines the facts and applies the law to the facts.
B) may consider information obtained from stories presented by the news media outside the court as well as information presented in the court.
C) in almost every case must determine which witnesses to believe and what evidence should be given the most weight.
D) makes the decision concerning the facts, but the judge may direct a verdict of guilty notwithstanding the decision of the jury.

Question 45

In most jurisdictions, the decision as to which criminal charges should be prosecuted and which should be dismissed usually is made:

A) in the first instance by the judge.
B) by the defense attorney with the approval of the judge.
C) by the prosecutor.
D) after a conference between the judge, prosecutor, and defense attorney.

Question 46

In a criminal case, the defense attorney:

A) when appropriate, cross-examines the prosecution witnesses and introduces evidence to rebut the testimony of such witnesses.
B) usually makes an opening statement to the jury prior to the prosecution's opening statement.
C) should not talk to the defendant about the case prior to the trial.
D) has the obligation to enter a guilty plea for his or her client if the defendant is in fact guilty.

Question 47

In 1985, the Supreme Court of the United States discussed the responsibilities of the prosecution and defense counsel in the case of United States v. Young. The court decided that:

A) prosecutors must refrain from improper methods calculated to produce a wrongful conviction, but defense attorneys may make unfounded and inflammatory attacks on the opposing advocate.
B) the trial judge is a mere moderator and should allow opposing counsel to argue the case as they see fit.
C) the defense counsel, like the prosecutor, must refrain from interjecting personal beliefs and must not be permitted to make unfounded and inflammatory attacks on the opposing advocate.
D) the prosecutor is at liberty to strike foul blows because his or her responsibility is to convict the person charged when he or she knows the person is guilty.

Question 48

The Supreme Court of the United States has held that a criminal defendant is entitled to adequate legal counsel for his or her defense. In meeting this standard, the:

A) defense attorney may have to permit the defendant to testify falsely if the attorney cannot dissuade his or her client from giving false testimony.
B) defense counsel may "coach" and instruct the defendant concerning what to tell the jury.
C) defense attorney need not bother to interview defense witnesses because the defense attorney will have an opportunity to ask questions at the trial.
D) defense attorney is not required to breach ethical standards in order to be an effective counsel.

Question 49

Direct evidence can be very crucial in criminal cases because:

A) it requires less corroboration than circumstantial evidence.
B) a jury must accept direct evidence is a proven fact.
C) direct evidence, if believed, proves a fact without resort to any inference or presumption.
D) it carries much more weight and is very much more persuasive than circumstantial evidence.

Question 50

In considering the weight of circumstantial evidence as compared to direct evidence:

A) Direct evidence is necessary to sustain a conviction.
B) Some circumstantial evidence may be equally or more reliable than direct evidence.
C) Direct evidence always carries more weight than circumstantial evidence.
D) As a rule, circumstantial evidence is more persuasive than direct evidence.

Question 51

In the case of Maddox v. Montgomery, the defendant had been convicted of rape. He appealed and alleged that the prosecution had withheld material evidence from the defense. He filed a habeas corpus petition with the United States Court of Appeals for the Eleventh Circuit. The court interpreted the Brady doctrine as it applied to his case. The Brady doctrine deals with the prosecution withholding evidence favorable to the defense. In that case, the court enumerated situations in which the Brady doctrine applies. The court decided that:

A) in order to prevail on a claim under the Brady doctrine, it is only necessary for the defense to show that the prosecution suppressed evidence that was favorable to the defendant.
B) the only situation in which the Brady doctrine applies is where the prosecutor had not disclosed information despite a specific defense request.
C) the defendant's due process rights are violated where the prosecution suppressed evidence even though the evidence was not material.
D) in order to prevail on a claim under the Brady doctrine, it must be established that the prosecution suppressed evidence that was favorable to the defendant and the defendant must establish that the exculpatory information was material and that it was suppressed by the prosecution.

Question 52

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:

A) should have granted an immediate mistrial because the prosecution has a duty to let the defense know about the existence of evidence that might point toward innocence [since it was recovered from a different person, Bobbo].
B) correctly denied the granting of a mistrial because the prosecution made every effort to mitigate the harm to the defendant's case by locating some important defense witnesses [Bobbo] who could testify concerning the missing evidence.
C) recognized that a trial is an adversarial situation and each side must find and introduce its own evidence without relying upon the other side to do its work.
D) ruled correctly because a prosecutor has no duty to tell the defense about evidence that will hurt the prosecutor's case.

Question 53

In a criminal case, State v. Jordan, the defendant-appellant contended that the trial judge committed reversible error when the judge overruled Jordan's repeated motions for a judgment of acquittal offered at various stages of the trial. Evidence presented at the trial failed to prove an essential element of the offense of vehicular manslaughter. When a judge determines that an element of an offense has not been proved, he or she has a duty to:

A) let the attorneys for each side introduce whatever evidence they think might be appropriate and that would sway the jury so that the jury can decide the case.
B) enter a judgment of acquittal for a defendant where it is clear that insufficient evidence for conviction has been presented by the prosecution.
C) allow the jury to make the decision that it believes is justified by the evidence presented by the prosecutor and by the defense.
D) never second-guess a decision by a jury because both the defense and the prosecution have a right to a trial by jury.