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Exam 4: Direct and Circumstantial Evidence and the Use of Inferences

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Question 21

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In Holland v.U.S.(1954) , the U.S.Supreme Court upheld an income tax evasion conviction on the basis of circumstantial evidence in the form of

A) eyewitness testimony.
B) impression of neighbors about the defendant's income.
C) the net worth method.
D) written confessions.

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Question 22

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______________ evidence is evidence that proves a fact in issue indirectly.

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Question 23

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The corpus delicti may be validly proven solely by circumstantial evidence.

Describe three inferences that judges and juries are not allowed to draw in criminal trials.What are the reasons these are not permitted?

Every essential element of the crime charged must be proved by the government beyond reasonable __________in order to convict and punish a defendant for the crime charged.

The term res ipsa loquitur means "the thing speaks for itself."

Congress has passed laws making it a crime to receive or possess ____________________ from the Internet.

Means, opportunity, and _____________ are frequently used as circumstantial evidence of guilt.

Describe three inferences that are permitted under the law of evidence.What fact is each of these inferences attempting to establish?

Evidence consists of the materials presented to the trier of fact

Discuss the sufficiency-of-evidence requirement in relation to a guilty verdict.

The burden of __________requires the party with the burden to produce sufficient evidence to persuade the fact finder that a fact exists.

The prosecution has to prove the defendant's guilt

Circumstantial evidence is evidence that proves a fact in issue

A defendant does not testify at his or her criminal trial.The judge or jury

Circumstantial evidence requires that the fact finder draw ______________.

Discuss corpus delicti in relation to circumstantial evidence.

The prosecution can overcome the presumption of innocence only by proving guilty beyond a reasonable doubt.

_________ is ordinarily defined as the means of establishing and proving the truth or untruth of any fact that is alleged.

Circumstantial evidence frequently takes the form of showing that the defendant had means, opportunity, and