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Review Questions Print

1. Explain the difference between direct evidence and circumstantial evidence. (SS2.2)

2. Distinguish testimony, documentary evidence, and real evidence. (SS2.2)

3. What is the difference between evidence and proof? (SS2.2)

4. Why have courts and legislatures developed such complex rules of evidence in the United States? (SS2.3)

5. In discussing the rationale for excluding evidence in some situations, five explanations were listed. List and give an example of each. (SS2.4)

6. State at least three ways in which the approach to the use of evidence in civil cases differs from the approach in criminal cases. (SS2.5)

7. Must all serious criminal prosecutions be initiated by a presentation of evidence to a grand jury in state criminal cases? (SS2.6)

8. Trace the flow of evidence from the time it is discovered until it is presented in court. (SS2.6)

9. What is the role of the prosecutor in handling evidence at trial? The role of the judge? The role of the jury? (SS2.7)

10. How is evidence that was collected in the early stages of the justice process used at probation hearings and when considering parole? (SSSS2.9, 2.10)

11. In State v. Perkins, the defendant claimed that his case was prejudiced by the judge asking questions on cross-examination. What was the opinion of the reviewing court relating to the roles of the judge, the jurors, and the prosecutor in this criminal case? (State v. Perkins, Part II).