Chapter 4- Types Of Evidence Flashcards

1
Q

What is at issue ?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is probative value?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are probative facts?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is circumstantial evidence?

A

Relies on inference being established

  • Can be strong in establishing guilt and getting a conviction
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is direct evidence?

A

Evidence that establishes a fact without an inference

  • eyewitness evidence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is an inference?

A

A conclusion drawn from the facts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is testimonial evidence?

A

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

  • can be used as evidence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is a stipulation?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Can jurors base their verdict on stipulations in criminal trials?

A

Yes they can

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is material evidence ?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly