Chapter 4- Types Of Evidence

Question 1

What is at issue ?

Answer 1

If the defendant pleads “not guilty,” all facts necessary to establish the crime are “ at issue.”

Question 2

What is probative value?

Answer 2

Having the effect of proof, tending to prove, or actually proving.

Probative evidence establishes or contributes to proof.

evidence must make it appear that a fact probably occurred

Question 3

What are probative facts?

Answer 3

They are matters of evidence that make the existence of something more probable or less probable than it would be without them.

Question 4

What is real evidence (demonstrative, tangible, physical)?

Answer 4

Any evidence that is perceived by the “5” senses also refers to physical objects.

Ex) gun, knives, blood soaked clothing, pictures, images, documents, checks/ ransom notes

Question 5

What is circumstantial evidence?

Answer 5

Relies on inference being established

• Can be strong in establishing guilt and getting a conviction

Question 6

What is direct evidence?

Answer 6

Evidence that establishes a fact without an inference

• eyewitness evidence

Question 7

What is an inference?

Answer 7

A conclusion drawn from the facts

Question 8

What is testimonial evidence?

Answer 8

Witnesses testify under oath as to what they saw and heard.

• can be used as evidence

Question 9

What is a stipulation?

Answer 9

An agreement between the opposing attorneys to admit that one or more facts exists.

Ex) in pre trials: written document

Ex) during trial: stated orally for the record

Question 10

Can jurors base their verdict on stipulations in criminal trials?

Answer 10

Yes they can

Question 11

What is material evidence ?

Answer 11

Material evidence is evidence that is important to the case-it cannot be too remotely connected to the facts of the case