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LMPT Exam 4 – Questions & Detailed Answers
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LMPT Exam 4 – Questions & Detailed Answers
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LMPT Exam 4 – Questions & Detailed AnswersEvidence Right Ans - Anything that either side, the prosecution or the
defense, offers in court to prove or disprove a fact at issue.
Federal rules in evidence (FRE) Right Ans - -Judge applies rules in deciding
whether to admit evidence
-only apply at trial
-governs the admissibility of evidence at trial.
Pre-trial suppression hearing Right Ans - -defense files motion to suppress
evidence
-LEO's frequently testify at SH
-jury is not present
-judge will decide where to admit the evidence so jury can consider it at the
later trial.
Voir Dire Right Ans - Lawyers for the government and the defense question
the potential jurors.
Case in chief Right Ans - The government presents its evidence during the
case in chief by calling witnesses and offering exibits.
Defense case Right Ans - The defense is never required to present evidence
because the burden is, and always remains, on the government to prove the
defendants guilt.
Who determines the sentence in federal criminal trials? Right Ans - ONLY
judges.
Relevant evidence Right Ans - Evidence is relevant if it has any tendency to
prove or disprove a fact that is in issue in the trial.
Evidence must be relevant to be admissible.
Prospensity evidence Right Ans - The government cannot offer evidence of
the defendants uncharged misconduct to prove he "did it before, so he must
have done it again."
, Not admissible in court
When is prospensity evidence admissible? Right Ans - If the acts help prove
the charged crime, impeach a witness, or contradict a witness's testimony.
Direct evidence Right Ans - -tends to prove a fact directly
-Most often comes from what a witness sees, hears, smells, tastes, or touches
Circumstantial evidence Right Ans - -indirect evidence
-tends to prove a fact indirectly
A lay witness may give an opinion only when: Right Ans - -the opinion is
rationally based on the witness's perception and personal knowledge
-the opinion is helpful to a clear understanding of the witness's testimony or
the determination of a fact in issue
-the opinioin is not one that is based on scientific, technical, or other
specialized knowledge
Factors that affect witness credibility: Right Ans - -bias
-motive to fabricate testimony
-inability to observe or accurately remember
-contradiction
-prior inconsistent statements
-specific instances of conduct that indicate a witness is untruthful
-prior conviction to show untruthfulness
Privileges Right Ans - Protections given to information shared between
people in specific relationships.
-The gov cannot require a person to provide certain information and the
person can prevent others from doing so.
Federal privileges Right Ans - -Fifth amendment priviliege against self
incrimination
-attorney-client privilege
-psychotherapist-patient privilege
-government informant privilege
-clergy communication privilege
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