Questions and CORRECT Answers
Direct Evidence - CORRECT ANSWER -Based on personal knowledge or observations.
Proves a fact without the need of inferences or presumptions
(Video of a robbery, witness saw a suspect strike the victim of a A&B)
Physical Evidence - CORRECT ANSWER -tangible evidence, you can touch it. (objects,
property seized during searches)
Testimonial Evidence - CORRECT ANSWER -statements made by victims, witnesses,
suspects or police
examples
Statements made directly to the police
spontaneous utterance overheard by witnesses
written statements
Interview and interrogation recordings
Circumstantial Evidence - CORRECT ANSWER -Deductions are drawn
evidence used to imply a fact but not prove it directly
(fingerprints at the scene of a robbery, links the person to the location, but not necessarily the
crime)
Exulpatory evidence - CORRECT ANSWER -evidence, including statements ,that are
helpful to the defense
Define Reliability - CORRECT ANSWER -the value of physical evidence (tangible) is
directly related to the chain of custody. If it has been tampered with, it is not reliable. be in the
same condition as it was founded, in the court.
, define chain of custody - CORRECT ANSWER -chronological documentation of
evidence, from the moment seized to when it is presented in court.
best practices for chain of custody shows 5 things... - CORRECT ANSWER -1.
date/time/location where it was seized
2. name of officer who seized it
3. all dates/times when evidence was transferred/to who
4. names of all people in contact
5. full description of evidence for positive ID
Define relevance (2) - CORRECT ANSWER -evidence is relevant if ...
1 - it has a tendency to make a fact more or less probable than it would be without the evidence
2 - the fact is of importance in determining the action.
(person A sold person B a firearm w/ no S Number. the firearm used in the robbery. court just
needs to know that person A knew it was defaced, not that he defaced it)
Criminal Intent - CORRECT ANSWER -for an act to be criminal, it must be committed
with a criminal mind, called intent.
what do most crimes require? - CORRECT ANSWER -general intent.
General Intent - CORRECT ANSWER -offender "knowingly" acts but does not
necessarily desire the results of the act. it only requires offenders to have the intent to commit the
act resulting in crime.
(OUI)
Does general intent require offenders to know they are breaking the law? - CORRECT
ANSWER -No