Criminal Law MPTC Test Questions with Correct Solutions, Graded to Pass

Direct Evidence - directly links a person to a crime and without the need of any additional evidence or inference. Example: a video recording of offender robbing the convenience store while holding a gun Circumstantial evidence - relies on an inference to connect a conclusion of fact Example: if a defendants finger print was found at the scene of a convenience store robbery, a jury could conclude that the defendant was in the store at some point, but the fingerprint is not direct evidence that the defendant committed the robbery physical evidence - tangible and may be direct or circumstantial. includes objects, property, or items seized at crime scenes or during searches. testimonial evidence - may be direct or circumstantial. includes first hand statements made by victims, witnesses, suspects or police. examples: statements made directly to the police, spontaneous utterances overheard by witnesses, written statements, interview and interrogation recordings. Direct testimonial evidence - when a victim, suspect, or witness makes a statement about what he or she saw, heard, or felt "firsthand" using his or her own senses Circumstantial testimonial evidence - suggests other facts from which reasonable inferences can be drawn. example: a witness might testify that he sees mail in a mailbox. this is evidence that the mailman has been there; no one saw him, but one can reasonably infer that he has been there because there is mail in the mailbox. Hearsay Testimony - "secondhand" knowledge repeated about what another person said about what he or she saw, heard, or felt a spontaneous or excited utterance - Generally, a witness cannot testify in court about what another person told him, but there are several exceptions to the rule against hearsay. The most common hearsay exception is