Chapter 3 pt. 1 Flashcards
What is a procedure that courts use to determine the truth or falsify a matter without having to follow the normal rules of evidence?
Judicial notice
What is any use by a court of a fact that has not been proven by ordinary evidentiary means?
Judicial notice
What rule provides that the court and jury in a criminal case know nothing about the dispute between the two parties involved?
Blank Pad Rule
Judicial notice is therefore best understood as what?
A method for saving time
What judicial notice occurs when the judge does not expressly state “on the record” that judicial notice is being taken of a certain fact?
Tacit Judicial Notice
What occurs when courts accept what is written in statues, constitution provisions, and court cases?
Judicial notice of law
Legislative facts are the facts that courts rely upon when interpreting statues, constitutional provisions, and the like. This is referred to as what?
Judicial notice of legislative facts
Adjudicative facts constitute a catchall category. They are matters of general knowledge not otherwise connected to statues, constitutions, administrative rules, or other sources of law.
Judicial notice of adjudicative facts
According to Rule 201 of the Federal Rules of Evidence, a court can only take judicial notice of an adjudicative fact if it is
1.
2.
3.
- INDISPUTABLE
- COMMON KNOWLEDGE
- AN ASCERTAINABLE FACT
What means that the fact cannot reasonably be disputed, that it speaks for itself, and requires virtually no interpretation or debate as to its truthfulness?
Indisputable
What is a fact that can be determined by looking it up in some source, the accuracy of which cannot be easily disputed?
Ascertainable fact
What is when a person draws a conclusion from one or more facts presented during a case?
Presumption
What are often confused with presumptions, but there is a subtle distinction between the two?
Inferences
Are presumptions typically mandatory?
Yes
Are inferences mandatory ?
No
What requires that all parties in the case agree with the decision?
Conclusive presumptions
_________ _________. This means that the party against whom the presumption operates may introduce evidence to disprove the presumption.
rebuttable presumption
Our criminal justice system requires that accused persons be presumed ______ until proven ________.
innocent
guilty
________ ___ ______ do not require that members of the jury draw some conclusion in all cases and at all times. Rather, juries must assume that the presumption is factual until evidence is introduced to the contrary.
Presumptions of law
_______ ___ ______ are not required by law. Instead, they deal with facts, issues, and circumstances as they arise.
Presumption of fact
There are two important effects of presumptions in criminal cases
1.
2.
- the effect on the jury
2. the effect on the burden of proof
The burden of proof in a criminal case almost always falls on the ________; it is proof beyond a reasonable doubt that the accused committed the crime.
prosecution
When a reputable presumption is offered up by the prosecution, the burden of proof then shifts to the defense.
True
Presumption of Innocence
Rebuttable presumption
Presumption of sanity
Rebuttable presumption
Presumption against suicide
Rebuttable presumption
Presumption of a guilty mind following possession of fruits of the crime
Rebuttable presumption
the presumption of the regularity of official acts
Rebuttable presumption
The presumption that people intend the consequences of their voluntary actions
Rebuttable presumption
the presumption of death following a lengthy unexplained absence
Rebuttable Presumption
Can the presumption of innocence be refused?
Yes
The presumption of innocence is required by law and exists until evidence is offered (by the prosecution) to the contrary.
True
What does the rebuttable presumption of innocence require that the prosecution prove?
Beyond a reasonable doubt that the defendant is guilty
This means that every person who is tried for a criminal offense is assumed to be of sound mind– absent evidence to the contrary.
Presumption of Sanity
Court case that deals with the presumption of sanity ?
United States v. Lyons
It is assumed that all people have an inherent respect for their own lives and such are unlikely to contribute directly to their own mortality.
Presumption against suicide
Someone is presumed to die by causes other than suicide unless evidence is offered to the contrary. True or false
True
If the accused is caught with stolen property and/or the fruits of the crime, it is often presumed that the jury can infer guilt.
Presumption of a guilty mind following possession of the Fruits of Crime
Supreme Court case that deals with the presumption of a guilty mind following possession of the fruits of crime
Barnes v. United States
The presumption of the knowledge of the law says that _______ is not a defense.
ignorance
Are accused persons required to know the law of other states or other countries ?
no
Is the presumption of the knowledge of the law rebuttable ?
No
The presumption of the Regularity of Official acts says that public officials going about their official duties do, in good Fatih, what is required of them.
True
The majority if states still view children under the age of seven as children of what? This means that they are incapable of forming the mens rea necessary to establish criminal culpability.
“tender years”
Two cases the Supreme Court held that this presumption violates what?
sandstrom v. Montanta and
Francis v. Franklin
Fourth Amendments Due Process Clause
Burden of proof in a criminal case falls on who?
prosecution
What refers to intent?
mens Rea
What means that the burden falls on the prosecution to prove that the defendant intended to commit the crime.
Mens Rea
It is a violation of due process to require the defense to show that the defendant did not intend to commit the crime of which he or she is charged. True or False
True
What presumption does not apply to fugitives from justice?
Presumption of Death following a lengthy unexplained absence
Is the presumption of death following a lengthy unexplained absence rebuttable?
yes
What are agreements between opposing attorneys about some important fact?
Stipulations
- The defense should not stipulate to the prosecution on all points
- If either side stipulates in error, then the court is not bound to accept the stipulation.
- stipulations can be withdrawn if the need arises.
These are all?
Limitations on stipulations
