CRIMINAL LAW MPTC QUESTIONS & ANSWERS
Direct Evidence - Answer -directly links a person to a crime and without the need of any
additional evidence or inference.
Example: a video recording of offender robbing the convenience store while holding a
gun
Circumstantial evidence - Answer -relies on an inference to connect a conclusion of
fact
Example: if a defendants finger print was found at the scene of a convenience store
robbery, a jury could conclude that the defendant was in the store at some point, but the
fingerprint is not direct evidence that the defendant committed the robbery
physical evidence - Answer -tangible and may be direct or circumstantial.
includes objects, property, or items seized at crime scenes or during searches.
testimonial evidence - Answer -may be direct or circumstantial. includes first hand
statements made by victims, witnesses, suspects or police.
examples: statements made directly to the police, spontaneous utterances overheard by
witnesses, written statements, interview and interrogation recordings.
Direct testimonial evidence - Answer -when a victim, suspect, or witness makes a
statement about what he or she saw, heard, or felt "firsthand" using his or her own
senses
Circumstantial testimonial evidence - Answer -suggests other facts from which
reasonable inferences can be drawn.
example: a witness might testify that he sees mail in a mailbox. this is evidence that the
mailman has been there; no one saw him, but one can reasonably infer that he has
been there because there is mail in the mailbox.
Hearsay Testimony - Answer -"secondhand" knowledge repeated about what another
person said about what he or she saw, heard, or felt
a spontaneous or excited utterance - Answer -Generally, a witness cannot testify in
court about what another person told him, but there are several exceptions to the rule
against hearsay. The most common hearsay exception is
, Spontaneous utterance - Answer -out of court statements uttered during the heat of the
moment while under stress or excitement.. Negate premeditation or fabrication and tend
to qualify, characterize, or explain an underlying event.
911 calls or excited statements of witnesses on scene - Answer -What are some
examples of spontaneous utterances?
Exculpatory evidence - Answer -refers to evidence and/or statements which tend to
clear, justify, or excuse a defendant from alleged fault or guilt.
police and prosecutors are obligated to disclose this evidence to the defense.
Relevant and Reliable - Answer -What must evidence be for it to be admissible in
court?
Relevant - Answer -evidence is this if it has any tendency to make a fact more or less
probable than it would be without the evidence.
(1) evidence must tend to prove or disprove a particular fact and
(2) the particular fact must be material to a issue of consequence in the case - Answer -
The concept of relevancy has two components which are:
Reliability - Answer -evidence has not been tampered with and in substantially the
same condition as evidence originally seized by police when presented in court.
chain of custody - Answer -the meticulous and chronological documentation of
evidence, from the moment it is seized to its presentation in court.
used to prevent loss, destruction, tampering and contamination by collecting and
properly packaging physical evidence.
every person who came in direct contact with the evidence, through collection, storage,
or analysis. - Answer -What does a reliable chain of custody show?
1. Date, time, and location evidence was seized
2. Name of officer who seized evidence
3. All dates and times evidence were received or transferred to another person
4. Names of all people who came in contact with evidence
5. Full description of evidence for positive identification - Answer -Best practices for
chain of custody include documenting the following: (5)
Direct Evidence - Answer -directly links a person to a crime and without the need of any
additional evidence or inference.
Example: a video recording of offender robbing the convenience store while holding a
gun
Circumstantial evidence - Answer -relies on an inference to connect a conclusion of
fact
Example: if a defendants finger print was found at the scene of a convenience store
robbery, a jury could conclude that the defendant was in the store at some point, but the
fingerprint is not direct evidence that the defendant committed the robbery
physical evidence - Answer -tangible and may be direct or circumstantial.
includes objects, property, or items seized at crime scenes or during searches.
testimonial evidence - Answer -may be direct or circumstantial. includes first hand
statements made by victims, witnesses, suspects or police.
examples: statements made directly to the police, spontaneous utterances overheard by
witnesses, written statements, interview and interrogation recordings.
Direct testimonial evidence - Answer -when a victim, suspect, or witness makes a
statement about what he or she saw, heard, or felt "firsthand" using his or her own
senses
Circumstantial testimonial evidence - Answer -suggests other facts from which
reasonable inferences can be drawn.
example: a witness might testify that he sees mail in a mailbox. this is evidence that the
mailman has been there; no one saw him, but one can reasonably infer that he has
been there because there is mail in the mailbox.
Hearsay Testimony - Answer -"secondhand" knowledge repeated about what another
person said about what he or she saw, heard, or felt
a spontaneous or excited utterance - Answer -Generally, a witness cannot testify in
court about what another person told him, but there are several exceptions to the rule
against hearsay. The most common hearsay exception is
, Spontaneous utterance - Answer -out of court statements uttered during the heat of the
moment while under stress or excitement.. Negate premeditation or fabrication and tend
to qualify, characterize, or explain an underlying event.
911 calls or excited statements of witnesses on scene - Answer -What are some
examples of spontaneous utterances?
Exculpatory evidence - Answer -refers to evidence and/or statements which tend to
clear, justify, or excuse a defendant from alleged fault or guilt.
police and prosecutors are obligated to disclose this evidence to the defense.
Relevant and Reliable - Answer -What must evidence be for it to be admissible in
court?
Relevant - Answer -evidence is this if it has any tendency to make a fact more or less
probable than it would be without the evidence.
(1) evidence must tend to prove or disprove a particular fact and
(2) the particular fact must be material to a issue of consequence in the case - Answer -
The concept of relevancy has two components which are:
Reliability - Answer -evidence has not been tampered with and in substantially the
same condition as evidence originally seized by police when presented in court.
chain of custody - Answer -the meticulous and chronological documentation of
evidence, from the moment it is seized to its presentation in court.
used to prevent loss, destruction, tampering and contamination by collecting and
properly packaging physical evidence.
every person who came in direct contact with the evidence, through collection, storage,
or analysis. - Answer -What does a reliable chain of custody show?
1. Date, time, and location evidence was seized
2. Name of officer who seized evidence
3. All dates and times evidence were received or transferred to another person
4. Names of all people who came in contact with evidence
5. Full description of evidence for positive identification - Answer -Best practices for
chain of custody include documenting the following: (5)
