chapter 11

Question 1

is either side required to give an opening statement?

Answer 1

nope

Question 2

Who almost always gives an opening statement?

Answer 2

prosecutor

Question 3

What does the prosecution present during opening statements?

Answer 3

evidence and charges presented

Question 4

Who begins with the presentation of evidence?

Answer 4

the prosecution because they have the burden of proof

Question 5

What must the prosecution have during presentation of evidence?

Answer 5

prove beyond a reasonable doubt

Question 6

What does beyond reasonable doubt mean?

Answer 6

a doubt for which you can give a reason

Question 7

What does the prosecution do during presentation of evidence?

Answer 7

calls witness and introduces evidence

Question 8

Defense almost always enters….

Answer 8

a not guilty verdict

Question 9

Direct examination

Answer 9

when witnesses are questioned by the side they were originally called to testify

Question 10

Cross examination

Answer 10

questioned by opposing side

Question 11

Defendant has the right under the 6th to….

Answer 11

cross examine witness against him or her

Question 12

how does the court request witnesses?

Answer 12

subpoena

Question 13

what are privileged communications?

Answer 13

when certain people such as husband and wives, or priests cannot testify

Question 14

Can the defendant waive their privilege and take the stand?

Answer 14

yes, but they are then subject to cross examination by prosecution

Question 15

Types of evidence 4

Answer 15

1. Real evidence
2. Testimonial
3. Direct
4. indirect

Question 16

Real evidence

Answer 16

DNA, fingerprints, etc

Question 17

Testimonial evidence

Answer 17

witness statements, expert statements

Question 18

Can lay witness express opinions?

Answer 18

no

Question 19

Can experts express opinions?

Answer 19

yes

Question 20

Direct evidence?

Answer 20

proves or disproves a fact at issue in the case

Question 21

Indirect evidence

Answer 21

when the judge or jury must make inferences on what happened

Question 22

Rules of evidence?

Answer 22

relevance and competence

Question 23

Can either side object to evidence?

Answer 23

yes

Question 24

What is hearsay evidence?

Answer 24

out of court statements that are inadmissible in the trial

Question 25

are closing arguments evidence?

Answer 25

no sir

Question 26

Who goes first during closing arguments?

Answer 26

the prosecution

Question 27

What happens during the closing arguments?

Answer 27

summarizing the case and persuade jury to convict or acquit

Question 28

Liberation hypothesis?

Answer 28

jurors are liberated from the constraints

Question 29

Unanimous verdicts are required where?

Answer 29

most places and federally

Question 30

When does jury nullification occur?

Answer 30

when juror believes evidence presented at trial establishes defendants guilt but jurors vote to acquit

Question 31

Why would jurors acquit a guilty defendant?

Answer 31

unfair charges or discrimination

Question 32

What is a hung jury?

Answer 32

when the jury can't reach unanimous decision

Question 33

What happens when there is a hung jury?

Answer 33

trial ends

Question 34

What can the prosecution do with a hung jury?

Answer 34

dismiss, offer plea bargain, or retry defendant before a new jury

Question 35

What is relevant evidence?

Answer 35

any evidence that has a tendency to make any fact more or less probable then it would be without the evidence

Question 36

What is competent evidence?

Answer 36

the evidence really is what it is purported to be. The gun is the gun found at the scene

Question 37

Testimonial evidence must be

Answer 37

competent