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Criminal Law MPTC Exam Questions and Complete Rationales
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Criminal Law MPTC Exam Questions and Complete Rationales
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Criminal Law MPTC Exam Questions and Complete RationalesDirect Evidence - Correct Ans: 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 - Correct Ans: 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 - Correct Ans: tangible and may be direct or circumstantial. includes objects, property, or items seized at crime scenes or during searches.
testimonial evidence - Correct Ans: 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 - Correct Ans: 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 - Correct Ans: 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 - Correct Ans: "secondhand" knowledge repeated about what another person said about what he or she saw, heard, or felt
a spontaneous or excited utterance - Correct Ans: 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
Spontaneous utterance - Correct Ans: out of court statements uttered during the heat of the moment while under stress or excitement.. Negate premeditation or fabrication and tend to qualify, characterize,
or explain an underlying event.
911 calls or excited statements of witnesses on scene - Correct Ans: What are some examples of spontaneous utterances?
Exculpatory evidence - Correct Ans: refers to evidence and/or statements which tend to clear, justify, or excuse a defendant from alleged fault or guilt. police and prosecutors are obligated to disclose this evidence to the defense.
Relevant and Reliable - Correct Ans: What must evidence be for it to be admissible in court?
Relevant - Correct Ans: evidence is this if it has any tendency to make a fact more or less probable than it would be without the evidence.
(1) evidence must tend to prove or disprove a particular fact and
(2) the particular fact must be material to a issue of consequence in the case - Correct Ans: The concept of relevancy has two components which are:
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