Chapter 3 Terms

Question 1

Evidence

Answer 1

All types of information (observations, recollections, documents, concrete objects, etc.) presented at a trial or other hearing. Statements made by judges and lawyers, however, are not considered evidence.

Question 2

Admissible

Answer 2

Proper to be used in reaching a decision; describes evidence that should be “let in” or introduced in court, or evidence that the jury may use.

Question 3

Revelant

Answer 3

Describes evidence that trends to prove or disprove some point in contention in the case.

Question 4

Direct evidence

Answer 4

Proof of a fact without the need for other facts leading up to it. For example, direct evidence that dodos are not extinct would be a live dodo.

Question 5

Circumstantial evidence

Answer 5

Facts that indirectly prove a main fact in question.

Question 6

Documentary evidence

Answer 6

Evidence supported by writings and all other documents.

Question 7

Document

Answer 7

Something with a message on it–for example, a contract, a map, a photograph, or a message on wood, etc.

Question 8

Testimonial evidence

Answer 8

Oral evidence provided by a live witness who testifies during the trial.

Question 9

Testimony

Answer 9

Evidence given by a witness under oath. Testimonial evidence is different from demonstrative evidence.

Question 10

Demonstrative evidence

Answer 10

Charts, diagrams, or other displays designed to persuade the jury to a particular viewpoint.

Question 11

Lineup

Answer 11

A group of persons, placed side by side in a line, shown to a witness of a crime to see if the witness will identify the person suspected of a committing the crime. A lineup should not be staged so that it is suggestive of one person.

Question 12

Show-up

Answer 12

A pretrial identification procedure in which only one suspect and a witness are brought together.

Question 13

DNA evidence

Answer 13

Comparing body tissue samples (such as blood, skin, hair, or semen) to see if the genetic materials match. It is used to identify criminals by comparing their DNA with that found at a crime scene; it is also used to identify a child’s parents.

Question 14

Admission of evidence

Answer 14

A decision by a judge to allow evidence to be used by the jury (or, in a trial with no jury, by the judge).

Question 15

Foundation questions

Answer 15

Questions that must be asked of a witness to prove the relevance and reliability of different types of evidence.

Question 16

Chain of custody

Answer 16

The chronological list of those in continuous possession of a specific physical object. A person who presents evidence (such as a gun used in a crime) at a trial must account for its possession from time of receipt to time of trial in order for the evidence to be admitted by the judge.

Question 17

Exclusionary rule

Answer 17

illegally obtained evidence may not be used in a criminal trial.

Question 18

Fruit of the poisonous tree

Answer 18

The rule that evidence gathered as a result of evidence gained in an illegal search against the person searched or questioned even if the later evidence was gathered lawfully.