Ch 22 Trial Process And The Investigator As A Witness

Question 0

Reciprocal Discovery :

Answer 0

Defense must advise the prosecution of any alibi it intends to raise, any witnesses it intends to call, any evidence it intends to introduce.

Question 1

Brady V. Maryland :

Answer 1

Requires the prosecution in state courts to disclose the names of all witnesses and lists all its evidence to the defense in ample time before trial, to allow the defense to examine the evidence and depose witnesses

Question 2

Direct Examination :

Answer 2

The questioning of witnesses it calls to testify on behalf of the prosecution.

Question 3

Cross examination :

Answer 3

Same witness is questioned by the defense attorney.

Question 4

Burden of proof :

Answer 4

The prosecution has the responsibility of affirmatively proving the allegations on which it has based its accusation.

Question 5

Five types of evidence :

Answer 5

Direct - usually is the testimony of witnesses that ties the defendant directly to the commission of the crime.
Real - sometimes referred to as physical evidence. Can be produced in court.
Demonstrative - or illustrative. Is items such as maps, diagrams, video tapes, x-rays, and demonstrations.
Circumstantial - referred to as indirect evidence. Used in cases by inferring from a series of known facts the existence of a unknown fact.
Opinion - involves the use of people such as expert witnesses.

Question 6

Confessions -

Answer 6

Acknowledgement by a person accused of a crime that he/she is guilty of that crime.

Question 7

Evidentiary privileges :

Answer 7

Professional - attorney/client, physician/patient, priest/penitent, journalists/informant.
Political - government communications and info, state secrets and matters of diplomacy.
Social- husband/wife, counselor/child
Judicial- grand jury proceedings, communication among jurors, privilege against self incrimination by the fifth amendment.

Question 8

Subpoena :

Answer 8

A written order commanding the person name to appear in court at a specified date and time to testify under oath, before a judicial tribunal to facts within the witness’s personal knowledge that are pertinent to the case.

Question 9

Two techniques witnesses are examined :

Answer 9

Narrative - allow the witness to tell the facts in his own words, chronologically and clear for the jury. Used very sparingly.
Question and Answer - asked a single pointed question and receive an answer to it. Most commonly used.