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Criminal Law MPTC – Questions And Answers
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Criminal Law MPTC – Questions And Answers
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Criminal Law MPTC – Questions And AnswersDirect Evidence ✔️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 ✔️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 ✔️Ans - tangible and may be direct or circumstantial.
includes objects, property, or items seized at crime scenes or during
searches.
testimonial evidence ✔️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 ✔️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 ✔️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 ✔️Ans - "secondhand" knowledge repeated about
what another person said about what he or she saw, heard, or felt
a spontaneous or excited utterance ✔️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 ✔️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 ✔️Ans - What are
some examples of spontaneous utterances?
Exculpatory evidence ✔️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 ✔️Ans - What must evidence be for it to be
admissible in court?
Relevant ✔️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 ✔️Ans - The concept of relevancy has two components which are:
Reliability ✔️Ans - evidence has not been tampered with and in
substantially the same condition as evidence originally seized by police
when presented in court.
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