Chapter 3 Flashcards
What evidence refers broadly to any tangible item that can be perceived with the five senses?
Real evidence
What evidence is intended to demonstrate a certain point?
Demonstrative evidence
Evidence: Clothing
Real Evidence
Evidence: Weapon
Real Evidence
Evidence: Photographs
Real Evidence
Evidence: Drawings/Diagrams
Demonstrative Evidence
Evidence that refers to what someone says?
Testimonial Evidence
What evidence is evidence given by a competent witness ho is testifying in court and under oath?
Testimonial evidence
The key to testimonial evidence is that __________?
It be given under oath
What is evidence that proves a fact without the need for the juror to infer or presume anything from it?
Direct Evidence
What evidence requires jurors to draw their own conclusions concerning whether the evidence in question should be taken as proof of the defendant’s guilt?
Circumstantial Evidence
What evidence is described as being “indirect” in nature?
Circumstantial Evidence
The accused ability to commit the crime.
Circumstantial Evidence
The intent or motive.
Circumstantial Evidence
Consciousness of guilt.
Circumstantial Evidence
Involving the victim.
Circumstantial Evidence
Involving the character of the suspect or victim.
Circumstantial Evidence
Determine if the accused has the means to offend is what part of circumstantial evidence?
The accused ability to commit the crime
If the defendant owns the same type and caliber gun that was used to commit the crime, then the jury may infer the defendants guilt. This is an example of what?
The accused ability to commit the crime
What means the method of operation, the second is motive, and the third is threats?
Modus operandi
What is the reason someone committed a crime?
Motive
What can be demonstrated in several ways, including flight, concealing or destroying evidence, possession of the fruits of crime, sudden wealth, and threats against witnesses?
Consciousness of guilt
concealing and destroying evidence. Example of:
consciousness of guilt
Flight from the police after being released on bail and at other stages of the criminal process can be used to infer guilt. Example of:
Consciousness of guilt
Falsifying or tampering with evidence can provide what type of evidence of guilt?
Circumstantial
Does most circumstantial evidence directly involve the defendant ?
Yes
What refers to whether a witness should be believed and is basically synonymous with character?
Credibility
Is evidence concerning a person’s character direct evidence ?
No
