Unit 1 Study Guide CRIJ 275 Criminal Evidence Law Chapters 1-4 1. Which document is signed by a judge and orders a government official to appear before the court and show cause for holding a person? 2. What did the American Declaration of Independence specifically repudiate? 3. What rights were specifically protected in the Constitution (not the Bill of Rights)? 4. What is the most important concept in American criminal law? 5. Which amendment protects a defendant’s right for a fair trial? 6. Which amendment protects a defendant’s right to counsel? 7. Which amendment protects a criminal defendant’s right to be informed of the charges? 8. Which amendment protects a defendant against unreasonable searches and seizures? 9. When was the Bill of Rights adopted? 10. What does the word “writ” mean? 11. What happened in 1215 that was instrumental in the creation of democracy? 12. Which amendment guarantees a defendant’s right to be confronted by witnesses against him? 13. The majority of crimes are violations of which type of law. 14. At which level of government are most law enforcement agencies located? 15. What are the main goals of the prosecutor and defense attorney? 16. In a criminal trial who determines the truth? 17. The guilt of an accused person must be based upon what. 18. In our criminal justice system who has the greatest amount of discretion and responsibility? 19. Most rules that compel disclosure of evidence apply to which party? 20. What is exculpatory evidence? 21. What restricts Congress when enacting criminal laws? 22. What happens to a criminal case if the prosecution uses false or perjured testimony to obtain a conviction? 23. What form of government was developed in the United States? 24. Know if the rules of evidence apply in both criminal and civil cases. 25. How does the prosecution overcome the presumption of innocence? 26. What level of proof is required in a criminal case? 27. Be able to distinguish the different types of criminal defenses. 28. What happens to a defendant’s right to an appeal if they enter a guilty plea? 29. Which party must prove the defendant’s mental state if an insanity plea is entered in a criminal trial? 30. What happens with the majority of criminal charges? 31. Be familiar with the writ habeas corpus and when it occurs in the criminal process. 32. What is a writ of certiorari in regard to a criminal appeal? 33. What is decided by the rules of evidence? 34. What must the state show during a preliminary hearing? 35. What happens after an indictment or information has been issued? 36. What can be used an alternative to an indictment? 37. What options does the state have if a jury trial ends in a verdict of not guilty? 38. Why do both parties introduce evidence in a criminal trial? 39. Inferences drawn from circumstantial evidence are usually used to prove what in a criminal trial? 40. What types of evidence does the state typically use to obtain a conviction in a criminal trial? 41. How can lack of a motive benefit a defendant in a criminal trial? 42. What type of evidence are fingerprints and shoeprints? 43. Circumstantial evidence can be used to produce inferences that must be what? 44. Know if other crimes or bad acts are usually admissible in a criminal trial. 45. Know how police officers should conduct themselves when called as a witness in a criminal case. 46. Why is it typically easy to convict someone caught in the commission of crime (i.e. what type of evidence does the prosecution have)? 47. What type of evidence are guns and beepers in the trial of a drug trafficker? 48. What type of evidence is typically needed in a child abuse case? 49. How is the corpus delicti of most crimes typically proven? 50. Be able to identify and explain an evidentiary presumption.