CITP FLETC 2 QUESTIONS AND ANSWERS SURE A+
✔✔Federal Rules of Evidence (FRE) - ✔✔· Govern the admissibility of evidence at trial
· Applied by the judge
· Apply only at trial
· Do Not apply at other hearings, etc. suppression hearing, arraignment, sentencing,
etc.
✔✔Hearsay - ✔✔· The FRE governing hearsay only apply at trial, and do not apply
during law enforcement investigations
· LEO may use hearsay during investigations
✔✔Judge Overrules Objection - ✔✔· Evidence is admissible, goes to the judge or jury
for consideration of guilt.
✔✔Objection Sustained - ✔✔· Evidence is inadmissible at trial, cannot go to the jury or
judge for consideration of guilt.
✔✔Procedural Stages-Suppression Hearing - ✔✔· Occurs prior to trial
· Jury not present at hearing
· If evidence is suppressed, it's not admissible at trial
· If evidence is not suppressed, it's admissible at trial
· Prosecution cannot refer to suppressed evidence at trial
, ✔✔Procedural Stages-Jury Selection - ✔✔· Each juror is questioned, i.e voir dire to
determine prejudice
· Jury is the fact-finder
· Decide guilty or not guilty at trial
✔✔Procedural Stages-Trial - ✔✔· Proceeding where defendant is decided guilty or not
guilty by judge or jury
· Evidence is presented in three forms
· Transcript of the trial is made
· FRE apply
✔✔Phases of a trial - ✔✔· Opening Statements
· Prosecution Case in Chief
· Defense's Case in Chief
· Rebuttal Case
· Closing Statements
· Jury Charge
· Verdict
✔✔Procedural Stages- Sentencing - ✔✔· FRE do not apply at sentencing
· Judge determines sentencing
· Death penalty cases, jury determines sentencing
· Judge follow sentencing guidelines
✔✔Procedural Stages- Appeals - ✔✔· Defendant may appeal his sentence
· Judge looks only at errors made by the court below
· Judge does not rehear evidence or witnesses from trial
✔✔Relevant Evidence - ✔✔· Must have the tendency to prove or disprove an issue at
dispute
· Irrelevant evidence is inadmissible at trial
· Relevant if proves an element of crime or defense
✔✔Defendant's Crimes, Wrongs, and Acts - ✔✔"He did it before, he did it this time too"
· Propensity evidence, generally inadmissible at trial
· Prejudicial to defendant
✔✔Crime, Wrongs, Acts are admissible to show - ✔✔· Contradiction
· Motive
· Knowledge or Intent
· Modus Operandi
· Plan or preparation
· Identity
· Predisposition to commit a crime
✔✔Federal Rules of Evidence (FRE) - ✔✔· Govern the admissibility of evidence at trial
· Applied by the judge
· Apply only at trial
· Do Not apply at other hearings, etc. suppression hearing, arraignment, sentencing,
etc.
✔✔Hearsay - ✔✔· The FRE governing hearsay only apply at trial, and do not apply
during law enforcement investigations
· LEO may use hearsay during investigations
✔✔Judge Overrules Objection - ✔✔· Evidence is admissible, goes to the judge or jury
for consideration of guilt.
✔✔Objection Sustained - ✔✔· Evidence is inadmissible at trial, cannot go to the jury or
judge for consideration of guilt.
✔✔Procedural Stages-Suppression Hearing - ✔✔· Occurs prior to trial
· Jury not present at hearing
· If evidence is suppressed, it's not admissible at trial
· If evidence is not suppressed, it's admissible at trial
· Prosecution cannot refer to suppressed evidence at trial
, ✔✔Procedural Stages-Jury Selection - ✔✔· Each juror is questioned, i.e voir dire to
determine prejudice
· Jury is the fact-finder
· Decide guilty or not guilty at trial
✔✔Procedural Stages-Trial - ✔✔· Proceeding where defendant is decided guilty or not
guilty by judge or jury
· Evidence is presented in three forms
· Transcript of the trial is made
· FRE apply
✔✔Phases of a trial - ✔✔· Opening Statements
· Prosecution Case in Chief
· Defense's Case in Chief
· Rebuttal Case
· Closing Statements
· Jury Charge
· Verdict
✔✔Procedural Stages- Sentencing - ✔✔· FRE do not apply at sentencing
· Judge determines sentencing
· Death penalty cases, jury determines sentencing
· Judge follow sentencing guidelines
✔✔Procedural Stages- Appeals - ✔✔· Defendant may appeal his sentence
· Judge looks only at errors made by the court below
· Judge does not rehear evidence or witnesses from trial
✔✔Relevant Evidence - ✔✔· Must have the tendency to prove or disprove an issue at
dispute
· Irrelevant evidence is inadmissible at trial
· Relevant if proves an element of crime or defense
✔✔Defendant's Crimes, Wrongs, and Acts - ✔✔"He did it before, he did it this time too"
· Propensity evidence, generally inadmissible at trial
· Prejudicial to defendant
✔✔Crime, Wrongs, Acts are admissible to show - ✔✔· Contradiction
· Motive
· Knowledge or Intent
· Modus Operandi
· Plan or preparation
· Identity
· Predisposition to commit a crime
