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Criminal Law MPTC UPDATED ACTUAL Questions and CORRECT Answers

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Criminal Law MPTC UPDATED ACTUAL Questions and CORRECT Answers

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Criminal Law MPTC UPDATED ACTUAL
Questions and CORRECT Answers
Direct Evidence - CORRECT 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 - CORRECT 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 - CORRECT ANSWER -tangible and may be direct or circumstantial.


includes objects, property, or items seized at crime scenes or during searches.


testimonial evidence - CORRECT 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 - CORRECT 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 - CORRECT 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 - CORRECT ANSWER -"secondhand" knowledge repeated about
what another person said about what he or she saw, heard, or felt


a spontaneous or excited utterance - CORRECT 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 - CORRECT 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 - CORRECT ANSWER -What are
some examples of spontaneous utterances?


Exculpatory evidence - CORRECT 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 - CORRECT ANSWER -What must evidence be for it to be
admissible in court?


Relevant - CORRECT 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

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