True / False
1. Evidence is derived from proof.
a.
True
b.
False
False
Evidence and Proof
CEPC.GARD.16.4.1
2. Due process requires that criminal guilt be proven by the government beyond a reasonable doubt.
a.
True
b.
False
3. The U.S. Supreme Court has held that trial judges must give juries a strict definition of proof beyond a
reasonable doubt.
a.
True
b.
False
4. Direct evidence is evidence that proves a fact in issue by the use of inferences.
a.
True
b.
False
False
Direct Evidence and Circumstantial Evidence
CEPC.GARD.16.4.3
5. A conviction cannot be valid if it is based solely on circumstantial evidence.
a.
True
b.
False
False
CEPC.GARD.16.4.3
6. A full confession about the crime would be an example of direct evidence.
a.
True
b.
False
True
CEPC.GARD.16.4.3
7. Evidence that the defendant was seen running from the scene of the crime shortly after the crime occurred
could be circumstantial evidence of guilt.
a.
True
b.
False
True
Direct Evidence and Circumstantial Evidence
CEPC.GARD.16.4.3
8. Direct evidence is generally more powerful and convincing than circumstantial evidence.
a.
True
b.
False
True
Direct Evidence and Circumstantial Evidence
CEPC.GARD.16.4.4
9. In the absence of a confession or admission, intent must usually be proven by circumstantial evidence.
a.
True
b.
False
True
Direct Evidence and Circumstantial Evidence
CEPC.GARD.16.4.6
10. In some circumstances, presumptions can interfere with the defendant’s right to have the jury decide the
facts of the case.
a.
True
b.
False
True
The Use of Presumptions and Inferences
CEPC.GARD.16.4.6
11. The pedophile exception to Rule 404 requires only that the two offenses involved similar sexual conduct,
and that in both cases the defendant had a family or intimate friend. relationship with the victim.
a.
True
b.
False
True
CEPC.GARD.16.4.4
12. If a defendant does not testify at trial, the jury may validly use this as circumstantial evidence of guilt.
a.
True
b.
False
False
CEPC.GARD.16.4.5
13. Rape shield statutes can prevent the introduction of circumstantial evidence about the victim.
a.
True
b.
False
True
Direct Evidence and Circumstantial Evidence
CEPC.GARD.16.4.5
14. Motive is an element of most crimes.
a.
True
b.
False
False
Direct Evidence and Circumstantial Evidence
CEPC.GARD.16.4.3
15. Evidence of prior similar crimes or bad acts is never admissible against a criminal defendant.
a.
True
b.
False
False
Direct Evidence and Circumstantial Evidence
CEPC.GARD.16.4.5
16. Attempting to use evidence that the defendant contacted a lawyer after being charged with a crime is generally not
admissible against the defendant.
a.
True
b.
False
True
Direct Evidence and Circumstantial Evidence
CEPC.GARD.16.4.5
17. The corpus delicti rule requires that circumstantial evidence be corroborated by direct evidence.
a.
True
b.
False
False
Using Direct and Circumstantial Evidence
CEPC.GARD.16.4.6
18. The term res ipsa loquitur means “the thing speaks for itself.”
a.
True
b.
False
True
The Use of Presumptions and Inferences
CEPC.GARD.16.4.6
19. The corpus delicti may be validly proven solely by circumstantial evidence.
a.
True
b.
False
True
Using Direct and Circumstantial Evidence
CEPC.GARD.16.4.6
20. The prosecution can overcome the presumption of innocence only by proving guilty beyond a reasonable
doubt.
a.
True
b.
False
Multiple Choice
21. Proof is demonstrated by _____.
a.
evidence
b.
deductions
c.
inductions
d.
jury instructions
CEPC.GARD.16.4.1
22. Evidence consists of the materials presented to the trier of fact _____.
a.
pursuant to presumptions
b.
to convince them of the existence of a fact
c.
to explain the judge’s instructions
d.
to attempt to contradict inferences
b
CEPC.GARD.16.4.1
23. The prosecution has to prove the defendant’s guilt _____.
a.
by a preponderance of the evidence
b.
by clear and convincing evidence
c.
beyond a reasonable doubt
d.
beyond probable cause
24. The burden of proof is actually two burdens: the burden of _____ and the burden of _____.
a.
rationality; inference
b.
production; persuasion
c.
preponderance; clarity
d.
probability; opportunity
b
Evidence and Proof
CEPC.GARD.16.4.1
25. Circumstantial evidence is evidence that proves a fact in issue _____.
a.
indirectly or by inference
b.
directly by eyewitness testimony
c.
only by the use of presumptions
d.
by contradicting other evidence
26. Direct evidence is evidence that proves a fact _____.
a.
without the need of inferences or presumptions
b.
by the drawing of inferences
c.
by the use of inductive or deductive reasoning
d.
by judicial notice
27. In Holland v. U.S. (1954), the U.S. Supreme Court upheld an income tax evasion conviction on the basis of
circumstantial evidence in the form of _____.
a.
eyewitness testimony
b.
neighbors’ beliefs
c.
the net worth method
d.
written confessions
28. Circumstantial evidence frequently takes the form of showing that the defendant had means, opportunity,
and _____.
a.
the required tools
b.
sufficient criminal knowledge
c.
a prior criminal record
d.
motive
29. Evidence of flight from the scene of a crime is _____.
a.
sufficient by itself to establish guilt
b.
never admissible
c.
direct evidence of guilt
d.
never sufficient by itself to establish guilt
Direct Evidence and Circumstantial Evidence
30. In court, information that the defendant has committed similar crimes in the past _____.
a.
is never admissible
b.
is always admissible
c.
is always competent evidence
d.
may be admissible under some circumstances
Direct Evidence and Circumstantial Evidence
31. If a defendant does not testify at his or her criminal trial, the judge or jury _____.
a.
may use this as evidence of guilt
b.
may draw an inference of guilt from this
c.
is no longer required to give the defendant the presumption of innocence
d.
may not use this as evidence of guilt or draw an inference of guilt
Direct Evidence and Circumstantial Evidence
32. A defendant is found in possession of a very large quantity of illegal drugs. It is permissible to draw the
inference that the possession was _____.
a.
with intent to deliver
b.
due to insanity
c.
unknowing
d.
accidental
Using Direct and Circumstantial Evidence
33. McCormick on Evidence states that _____ “is the slipperiest member of the family of legal terms” because it
is used in so many different ways.
a.
presumption
b.
conclusion
c.
inference
d.
deduction
The Use of Presumptions and Inferences
34. Inferences are reasonable conclusions that judges or juries _____.
a.
are required to draw
b.
may draw if they so desire
c.
cannot be used against a defendant
d.
cannot be used against the prosecution
b
The Use of Presumptions and Inferences
CEPC.GARD.16.4.4
35. Sandstrom v. Montana States that mandatory or irrebuttable _____ are unconstitutional in criminal
prosecutions.
a.
inferences
b.
conclusions
c.
deductions
d.
presumptions
d
The Use of Presumptions and Inferences
CEPC.GARD.16.4.6
36. _____ are reasonable conclusions that fact finders (juries or judges) may draw from the evidence presented
to them.
a.
Convictions
b.
Deductions.
c.
Inferences
d.
Determinations
The Use of Presumptions and Inferences
CEPC.GARD.16.4.4
37. _________ is ordinarily defined as the means of establishing and proving the truth or untruth of any fact that
is alleged.
a.
Evidence
b.
Proof
c.
Presumption
d.
Diligence
Evidence and Proof
CEPC.GARD.16.4.1
38. The burden of _____ requires the party with the burden on a factual issue to introduce sufficient relevant
evidence to prove the fact at issue.
a.
evidence
b.
proof
c.
persuasion
d.
production
d
Evidence and Proof
CEPC.GARD.16.4.1
39. The burden of _____ requires the party with the burden to introduce sufficient relevant evidence to convince
the fact finder that a fact exists.
a.
evidence
b.
deductions
c.
persuasion
d.
production
40. Every essential element of the crime charged must be proved by the government beyond reasonable _____ in
order to convict and punish a defendant for the crime charged.
a.
doubt
b.
conclusion
c.
presumption
d.
assumption
Case 4.1
While shoplifting five laptops from an electronics store in the mall, the actors Jack and Diane are confronted by
the store manager. Jack brutally assaults the store manager as Diane looks on. They leave the manager
unconscious on the floor of the store. Passing shoppers alert mall security, who chase the two into the mall
parking lot. Police are notified and arrive as Jack and Diane flee the scene in a small red pickup truck and stop
the vehicle. Mall security provides physical and clothing description of the two suspects and the pickup truck.
Police pursue the pickup through several residential streets. During the pursuit several items appearing to
laptops are thrown from the passenger window of the truck. The locations are reported via radio for other units
to collect the evidence. The fleeing pickup blows several red lights causing minor accidents. The pursuing
police units temporarily lose sight of the pickup. Within minutes, however, the pickup is found in an alleyway,
crashed into a retaining wall behind 427 Oak Street. The pickup is unoccupied with the keys still in the ignition.
The license plates on the vehicle are stolen. Found in the pickup is one laptop, a blood covered sleeve of a shirt.
Also found in the pickup is old mail addressed to a Jack Bowers of 123 Elm Street which is approximately 1
mile away. While patrol searches for the suspects, detectives respond to the Bower residence and find no one
home. They speak with the building manager who reports seeing Mr. Bower and his girlfriend drive off earlier
in the day. The manager reports that Mr. Bower owns a small red pickup. The detectives notice surveillance
cameras on the apartment complex and ask the manager to view and copy the video from that day. Caught on
video are Brower and girlfriend apparently changing the license plates on the pickup and leaving in the truck 30
minutes prior to the incident at the mall. The vehicle identification number on the pickup is registered to Jack
Bower with different license plates.
Jack and Diane are located by patrol three blocks from the pickup hiding behind two dumpsters.
Jack’s shirt is torn and bloody. He has bruises and blood on his hands. Both Jack and Diane claim that they
were carjacked two hours prior and had been walking toward the police station. The two are arrested. A search
incident to arrest under covers 3 packets of heroin, a hypodermic needle and cell phone in Jack’s pockets and a
large, aluminum-lined handbag (commonly known as a boosting bag) with several boxed cell phones and two
bags of heroin in Diane’s possession.
Detectives respond to the hospital where the store manager is being treated for serious injuries to his head and
body. It is reported that the manager has a skull fracture, damage to his eye socket, and a broken jaw. The
injuries are photographed and documented.
Detectives also retrieve surveillance video from the store and from the mall for evidence. The two suspects are
charged with robbery, eluding, destruction of evidence, possession of controlled dangerous substance, and
possession of drug paraphernalia, and possession of burglary tools.
41. At trial, the defense objects to the introduction of photographs of the store manager’s injuries supported by
the attending doctor’s verification of the accuracy of the photographs. What response does the prosecutor have
to this objection?
a.
the inference of means, motive, and opportunity
b.
prior bad acts
c.
the doctrine of res ipsa loquitur
d.
None, only a judge can review and evaluate evidence.
42. The heroin found subsequent to the arrest of Jack and Diane would be considered _____ evidence.
a.
circumstantial
b.
direct
c.
exculpatory
d.
indirect
43. The video of Jack and Diane changing the license plates and leaving in the pickup along with the mall video
of the two arriving and subsequently fleeing in the same truck would be considered _____ evidence.
a.
exculpatory
b.
direct
c.
circumstantial
d.
indirect
44. What amount of proof required for a finding or verdict of guilt in the criminal trial against Jack and Diane?
a.
mere suspicion
b.
reasonable suspicion
c.
probable Cause
d.
proof beyond a reasonable doubt
Case 4.2
An undercover security officer at chain supermarket located in New Jersey watches a suspicious male circling
the liquor aisles with an empty shopping cart. The man waits for other patrons to leave the area and places four
bottles of vodka inside his jacket. He then moves toward the exit. As he does so, he observes security at the
door. He then picks up a bag of potatoes and proceeds to the cashier lanes. He pays for the potatoes and
attempts to leave the store where he is stopped by security. Security confronts the man about the shoplifting and
he begins to cause a scene. Police arrive on scene and the security officer advises them that the suspect had been
observed concealing four bottles of vodka inside his jacket and was leaving the store without paying for them.
The suspect responds by saying that he simply forgot about the vodka in his jacket. He produces the four bottles
from his jacket. The security officer advises police that the entire event was captured on their surveillance
systems. The officers ask the suspect for identification and he presents an out of state driver’s license which
appears to the officers to be altered. The police arrest the suspect and take possession of identification and the
four bottles of vodka. The suspect, who has identified himself as Mark Smith, shouts that the arrest is unlawful.
The security officer goes to the police station to provide a statement and a copy of the surveillance video. Once
at headquarters, the police are able to confirm that the identification was fraudulent and the suspect’s true
identity was David Gray and that Mr. Gray had numerous outstanding warrants for similar charges throughout
the state. While inventorying Mr. Gray’s personal property, it was determined that he had only twenty dollars in
cash and no credit cards, thereby having no means to have paid for the vodka, valued at eighty dollars a bottle.
Additionally the suspect’s jacket had several concealed interior pockets sewn into the lining.
45. At trial, the defendant argued that the arrest was unlawful as he never left the store with the bottles of vodka.
He claimed he had merely forgotten that he had the bottles and had intended to pay for them. What evidence
might be used to infer his intent to steal the vodka?
a.
his immediate claim that the arrest was not lawful
b.
his until the liquor aisle was empty to put the vodka inside his jacket
c.
his use of a false identity
d.
his noticing the presence of security at the exit door
46. In this case what type of evidence would the security officer’s testimony be considered?
a.
circumstantial
b.
direct
c.
exculpatory
d.
indirect
47. During the trial the police officer testifies that the defendant knew he was guilty because he remained silent
and refused to respond to Miranda warnings or standard booking questions after he was arrested. The defense
attorney objects to the introduction of the defendant’s previous silence based on _____.
a.
impermissible inference
b.
affirmative defense
c.
writ of habeas corpus
d.
permissible inference
Direct Evidence and Circumstantial Evidence
CEPC.GARD.16.4.5
Case 4.3
Police respond to the scene of an apparent arson incident which involved a vacant commercial office building.
The fire was discovered by a passing patrol unit shortly after it had started. The initial officers on scene found
all exterior doors looked and entry was forced to check for potential victims. Fire officials report signs and
evidence of accelerants near each stairwell. Additionally they find an empty kerosene can outside the structure
in the bushes by the property line. A premises history reveals that the property has been vacant for almost a year
and has been for sale twice as long. Town records show several denied zoning and building adjustment
applications over the past two years. There are numerous property maintenance violations for the property as
well.
Detectives following up on the case find property owner Slim Shady uncooperative. He claims he knows
nothing about the fire and that he was at home the entire night. Background investigations reveal that Mr. Shady
also operates Shady Paint and Flooring Service. He owns a working van with the markings “Shady Paint and
Flooring.” Detectives also discover that Mr. Shady increased his insurance of the incident property six months
prior to the fire.
48. As there are no eyewitnesses to the crime, detectives focus on identifying means, motive, and opportunity. If
the case goes to trial, what must be shown for it to go to the determination of guilt?
a.
means only
b.
motive only
c.
opportunity only
d.
both motive and opportunity
d
Direct Evidence and Circumstantial Evidence
CEPC.GARD.16.4.3
49. Detectives run Mr. Shady and his vehicle through shared law enforcement data bases and discover that Mr.
Shady was pulled over for speeding two towns away 20 minutes prior to the discovery of the fire. Detectives
also retrieve surveillance videos from several gas stations and banks between the fire scene and his home. From
these videos and time stamps detectives trace Mr. Shady and his vehicle to and from the crime scene before and
immediately after the fire. At trial, this information would be considered?
a.
exculpatory
b.
direct
c.
circumstantial
d.
indirect
Direct Evidence and Circumstantial Evidence
CEPC.GARD.16.4.6
Completion
50. Presenting _____ is the means of proving the existence or non-existence of a disputed fact.
evidence
Evidence and Proof
51. _____ is the result of evidence.
52. The prosecution must prove the defendant’s guilt beyond a(n) _____.
53. _____ evidence is evidence that indirectly proves a fact at issue.
54. Means, opportunity, and _____ are frequently used as circumstantial evidence of guilt.
55. Inferences of guilt cannot be drawn from the fact that the defendant exercises the _____ Amendment
privilege against self-incrimination.
56. _____ laws were designed to protect victims at sexual assault trials.
57. A defendant who possesses large quantities of illegal drugs may, by inference, be convicted of possession
with intent to _____.
58. In the case In Re _____, the U.S. Supreme Court held that due process required proof of guilt beyond a
reasonable doubt.
59. Circumstantial evidence requires that the fact finder draw _____.
60. Fingerprint and shoe print evidence are generally examples of _____ evidence.
61. The _____ clause of the Constitution requires that guilt be proven beyond a reasonable doubt.
62. Congress has passed laws making it a crime to receive or possess _____ pornography from the Internet.
63. The phrase _________________ refers to the requirement that the government must prove that the crime charged has
been committed.
64. An inference of _____should not be drawn when a defendant or suspect asserts the Fifth Amendment
privilege against self-incrimination. nation of guilt?
65. Discuss, describe, compare, and contrast direct and circumstantial evidence. Be sure to give examples of
each.
66. Describe three inferences that are permitted under the law of evidence. What fact is each of these inferences
attempting to establish?
67. Describe three inferences that judges and juries are not allowed to draw in criminal trials. What are the
reasons these are not permitted?
68. Discuss U.S. v. Williams’ PROTECT ACT section as it relates to child pornography and the internet. Does
this provide enough protection? Why or why not?
69. Discuss corpus delicti in relation to circumstantial evidence.
70. Discuss the sufficiency-of-evidence requirement in relation to a guilty verdict.
71. Differentiate a presumption from an inference.
72. When eyewitness evidence is not available, it has often been stated that investigators and officers should
ask, as guidelines in investigating crimes, these three questions in guiding their investigation; and secondly,
why are those three key words critical to the findings of facts?