Rules Of Evidence/victims Rights

Front 1

Direct Evidence is:

Back 1

Evidence that proves a fact directly. 5 senses when testifying toward the defendants guilt or innocence. Proves a Fact without an inference or presumption

Front 2

Circumstantial evidence:

Back 2

Evidence which implies the fact actually happened. Requires a jury to make an inference or a presumption

Front 3

True or false: a defendant may be convicted on circumstantial evidence alone?

Back 3

True

Front 4

What are the 4 main types of physical evidence ?

Back 4

Fruits of crime, instrumentalities, contraband, mere evidence

Front 5

Information and objects are admissible against a defendant if all 5 of the following are established:

Back 5

Relevance, reliable, not unduly prejudicial, proper foundation, didn't violate suspects constitutional rights

Front 6

Name the court system:

Back 6

Muni-county-district-court of appeals- Supreme Court

Front 7

True or false: non testimonial identification procedures may be conducted by any peace officer or other person designated by the judge?

Back 7

True

Front 8

Rule 41.1 order may be executed and returned within how many days?

Back 8

14 days after its date and executed in the daytime unless directed by the issuing judge

Front 9

Can you search a person who is to give non testimonial evidence?

Back 9

Only a protective search for weapons, unless a separate search warrant is issued.

Front 10

Forgery, Burglary, Stalking, Tampering: Which one is SPECIFICALLY coverd by VRA?

Back 10

Stalking

Front 11

DV, Arson, Hit and run (death), careless driving (death): which one NOT covered by the VRA?

Back 11

Arson

Front 12

True or False: A victim incarcerated by the DOC has a right to attend any hearing or process as the victim?

Back 12

False: Has no right to attend any hearing or process

Front 13

True or False: Victims compensation fund pays for unearned wages and medical bills already paid by insurance company?

Back 13

False: only pays for lost wages and existing medical bills.

Front 14

Whose responsibility is it to notify a victim that a case is not going to be filed?

Back 14

Varies from jurisdiction to jurisdiction

Front 15

True or false as Violation of VRA: The DA refusing the victim the absolute right to view all or a portion of the presentence report of the probation department?

Back 15

false: this is not a violation of the VRA

Front 16

True or false: majority of inquires are resolved at the local level prior to becoming formal complaints.

Back 16

True

Front 17

Which SECTION of the VRA has been the source of the the majority of the complaints?

Back 17

section pertaining to fairness, respect, and dignity

Front 18

How does the VRA interpret a "swift and fair" resolution by enforcement official? (time frame)

Back 18

case by case basis based upon a reasonable period of time

Front 19

Restraining order cases are within the purview of the VRA when:

Back 19

only if the uderlying factual basis is domestic violence

Front 20

Where can one locate the laws pertaining to Victims Rights? (hint-2 separate things)

Back 20

Title 24 and Colorado Constitution

Front 21

True or False: Colorado specifically provides additional legal rights under VRA to Child victims and child witnesses

Back 21

True

Front 22

Any evidence that is taken in violation of which of the below US Constitutional amendments are subject to the exclusionary rule of evidence?

Back 22

4,5,6,14th amendments (remember the 14th was talked about in the Evidence packet)