Test 16 A, B

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  1. When does case preparation begin
    when you get the call and make the arrest
  2. Prosecutors depend on police to gather enough evidence to prove the case beyond a reasonable doubt to include...
    • Probable Cause
    • elements of the crime
    • identification of offender and an established connection to the crime
  3. what is probable cause
    a set of facts which would lead a reasonable and prudent police officer to believe the accused has committed a crime
  4. what are the two kinds of PC
    • observational 
    • informational
  5. what is preliminary investigation
    gathering of evidence to build a case and demonstrate truth
  6. who is the key to successful investigations
  7. Where does the preparation of a witness begin
    • at the scene
    • we can help to allay their fears, interview witnesses thoroughly, encourage them to appear at court
  8. what are the causes of witness failure
    • poor attitude
    • arrogance or hostility 
    • poor preparation
    • poor appearance
    • convey poor image to judge or jury
  9. what should l.e. do to prepare for court
    • review reports
    • rehearse testimony 
    • ensure witnesses are notified
  10. when giving testimony, officers MUST
    • describe circumstances that provided probable cause to arrest 
    • provide facts to establish time of arrest
    • provide facts that evidence was legally obtained  (i.e. warrant, consent, exigent circumstances, etc.)
  11. what are the goals of testimony
    • to be understood, 
    • to be an advocate for justice
  12. what are the types of legal proceedings
    • summary trial
    • preliminary hearing 
    • suppression hearing
    • common pleas
    • juvenile court
    • certification / de-certification court (juveniles)
    • administrative hearing
    • civil court
  13. burden of proof in civil vs criminal court
    • in civil court, the burden is preponderance of the evidence, 
    • where criminal court, the burden is beyond a reasonable doubt.
  14. what is the difference between reasonable suspicion and probable cause
    • reasonable suspicion is unusual or suspicious behavior related to a crime that is occurring, has occurred or is about to occur involving the person to be detained 
    • probable  cause is a set of facts which would lead a reasonable and prudent officer to believe the accused has committed a crime based on the officer's training, knowledge, and experience.
  15. what is prima facie
    facts on their face prove that a crime has been committed and the defendant has likely committed it
  16. what is the purpose of cross examination
    to cast doubt in the testimony, show mistakes, and discover untruths, point out legal errors.
  17. juvenile court petition is..
    the charging instrument when a juvenile has committed a delinquent act.
  18. Act 33: when a juvenile is arrested for committing an adult crime, the case will...
    proceed through adult courts unless defense makes a motion to transfer the case back to juvenile court
  19. what is the law of evidence
    the process by which facts, pleas, and information are assembled and patterned into a presentation of truth which may be used to establish before a court all of the elements of an alleged offense
  20. what is the purpose of the law of evidence
    it enables a person to decide a disputed question or issue
  21. what is stare decisis
    judges must consider case law history.
  22. what are some benefits of case law
    • keeps law current, 
    • changes law faster than legislative law, 
    • and makes law a living thing
  23. what are the types of evidence
    • testimonial evidence (derived from the senses)
    • real evidence (physical)
    • documentary evidence (written word, documents or drawings)
    • demonstrative evidence (demonstrates background info, photos, models)
  24. stages of hearing of facts
    • Commonwealth's case in chief (presented by DA) 
    • defendant's case 
    • rebuttal
    • rejoinder
  25. what is the order of presentation of evidence within each stage of hearing
    • direct examination,
    • cross examination 
    • re-direct examination
    • re-cross examination
  26. what are the types of questions used in the examination of witnesses
    • leading
    • misleading
    • argumentative 
    • questioning requiring narrative answer
    • rapid fire
  27. when are leading questions ok
    for background info and cross examination
  28. who's credibility can be questioned
  29. who can be impeached and how
    any witness can be impeached, they must still finish their testimony.  it just shows that the witness is not able tell the truth
  30. what is the difference between presumption and an inference
    • presumption is an inference of the existence or non-existence of a fact which arises from proof of other basic underlying facts
    • inference is a deduction from facts proved
  31. what is judicial notice
    recognition of facts by the bench usually of matters of common knowledge verified by the judge without either party having to prove them
  32. difference between a bench trial and a jury trial
    • bench - judge is the trier of fact
    • jury - panel of peers as fact finders
  33. what are the general requirements to qualify evidence
    • relevance
    • material (directly related to issue in case)
    • competent (deemed competent if witness has sufficient intelligence to understand his obligation to tell the truth, able to retain memory, and able to narrate so people can understand )
    • admissible
  34. what is the admissibility test
    does the evidence's probative value outweigh any prejudicial effect
  35. what are the steps to qualify witnesses as having first hand knowledge, and ability to provide direct evidence
    • did the witness have the opportunity to observe
    • did the witness have reason to observe
    • does the witness have reason to remember
  36. what is expert testimony
    evidence given by a witness qualified by the court to be an expert due to his study or practice or experience in the subject area about which he is to testify
  37. what is hearsay
    an oral or written statement made out of the court, offered in court to prove the truth of the matter asserted in the statement.  it is merely repetition of what the witness had heard another say
  38. what are some exceptions to hearsay
    • unavailability (dead, must prove person is out of jurisdiction and really truly attempted to contact)
    • former testimony
    • res gestae (spontaneous utterances) 
    • dying declarations (valid in PA if person really dies, in federal court, person only needs to think they are dying when declaring details related to facts and circumstances surrounding death of declarant) 
    • business records
  39. what type of testimony uses all 5 senses
  40. is the purpose of the law of evidence to determine guilt
    no, Law of evidence enables persons to decide a disputed question or issue
  41. what is the best evidence rule in regards to documentary evidence
    the courts want the real thing to be present during trial.
  42. what kind of proof does judicial notice require
    • does not require proof
    • Judge states as fact
  43. what is the value of real evidence
    it speaks for itself
  44. what are the 5 standards of burden of proof
    • probable cause, 
    • prima facie 
    • preponderance of the evidence 
    • clear and convincing 
    • beyond a reasonable doubt.
  45. what is the burden of proof in civil court
    preponderance of the evidence
  46. what is the standard of proof in criminal cases
    beyond a reasonable doubt.
  47. what are some tactics used by defense to mislead or confuse witnesses
    • rapid fire, 
    • misleading 
    • and argumentative
  48. when are dying declarations admissible in federal court
    when the person thinks they are dying
  49. what is the purpose of impeachment
    to deem a witness is not believable, not able to tell the truth
  50. what are the steps to qualifying a witness
    competency test: person must have opportunity to observe, reason to observe, ability to remember, and ability to relate
  51. which objection is not valid during cross examination
  52. what kind of evidence does exclusionary rule apply to
    any evidence seized in violation of the fourth amendment
  53. how does an officer as a witness ensure chain of custody
    testify to seal, mark on packaging
  54. what is the burden of proof for a suppression hearing
    preponderance of the evidence
  55. what is the rejoinder phase of criminal proceedings
    this is where the defense can produce additional evidence and witnesses to refute the prosecution's case
  56. what are misleading questions
    • they are not allowed
    • questions that are unclear so that the witness can't be certain of what the examiner is requesting
  57. what is an inference,
    a deduction where the fact finder may or may not draw according to his conclusions
  58. a presumption is ...
    a deduction that the law requires
  59. what are the requirements for compulsion
    coercion, force or constraint
  60. are leading questions allowed in cross examination
    yes, for a subject's background information
  61. a large percentage of you testimony is here...
    93% lies in your presentation (how you look and sound)
  62. what are the key elements when presenting direct testimony
    • establish qualification
    • establish jurisdiction and venue 
    • and identify subjects
  63. a testimony is
    • evidence of what you saw heard and did.
  64. when does credibility begin
    when you arrive at the courthouse
  65. do not say... in court
    mug shot
Card Set:
Test 16 A, B
2013-09-02 21:40:09
Police Academy

16 A - Case Preparation 16 B - Rules of Evidence
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