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The prosecution has to prove the defendant’s guilt _____.​

To fall within the hearsay rule, the testimony must be offered to prove the _____.​

Case 4.1 While shoplifting five laptops from an electronics store in the mall, the actors Jack and Diane are confronted by the store manager. Jack brutally assaults the store manager as Diane looks on. They leave the manager unconscious on the floor of the store. Passing shoppers alert mall security, who chase the two into the mall parking lot. Police are notified and arrive as Jack and Diane flee the scene in a small red pickup truck and stop the vehicle. Mall security provides physical and clothing description of the two suspects and the pickup truck. ​ Police pursue the pickup through several residential streets. During the pursuit several items appearing to laptops are thrown from the passenger window of the truck. The locations are reported via radio for other units to collect the evidence. The fleeing pickup blows several red lights causing minor accidents. The pursuing police units temporarily lose sight of the pickup. Within minutes, however, the pickup is found in an alleyway, crashed into a retaining wall behind 427 Oak Street. The pickup is unoccupied with the keys still in the ignition. The license plates on the vehicle are stolen. Found in the pickup is one laptop, a blood covered sleeve of a shirt. Also found in the pickup is old mail addressed to a Jack Bowers of 123 Elm Street which is approximately 1 mile away. While patrol searches for the suspects, detectives respond to the Bower residence and find no one home.  They speak with the building manager who reports seeing Mr. Bower and his girlfriend drive off earlier in the day. The manager reports that Mr. Bower owns a small red pickup. The detectives notice surveillance cameras on the apartment complex and ask the manager to view and copy the video from that day.  Caught on video are Brower and girlfriend apparently changing the license plates on the pickup and leaving in the truck 30 minutes prior to the incident at the mall. The vehicle identification number on the pickup is registered to Jack Bower with different license plates. ​ Jack and Diane are located by patrol three blocks from the pickup hiding behind two dumpsters. Jack’s shirt is torn and bloody. He has bruises and blood on his hands. Both Jack and Diane claim that they were carjacked two hours prior and had been walking toward the police station.  The two are arrested. A search incident to arrest under covers 3 packets of heroin, a hypodermic needle and cell phone in Jack’s pockets and a large, aluminum-lined handbag (commonly known as a boosting bag) with several boxed cell phones and two bags of heroin in Diane’s possession.   Detectives respond to the hospital where the store manager is being treated for serious injuries to his head and body. It is reported that the manager has a skull fracture, damage to his eye socket, and a broken jaw. The injuries are photographed and documented. Detectives also retrieve surveillance video from the store and from the mall for evidence. The two suspects are charged with robbery, eluding, destruction of evidence, possession of controlled dangerous substance, and possession of drug paraphernalia, and possession of burglary tools.The heroin found subsequent to the arrest of Jack and Diane would be considered _____ evidence.​

The Federal Rules of Evidence contain at more than 20 exceptions to the rule against hearsay.​

Case 8.2 Mayberry Police receive a 911 call in which an argument, with a woman screaming, can be heard in the background. What sounds like a violent struggle with breaking glass and a male voice screaming “no more cheating for you bitch” can be heard as the 911 dispatcher tries to get a response. The dispatcher relays this information to the patrol units dispatched to 123 Main Street. When police arrive on scene they find the door is locked but can see a female victim lying on the floor amidst broken furniture. Police force entry and find the victim lifeless. They also find a trail of blood leading to the back door. According to neighbors, the victim, Shannon Mathews, was recently separated from her husband and had only moved in a few months prior. The next door neighbor, Mary Hart, reports that she had witnessed a few heated arguments between the victim and her estranged husband in the driveway over the past few months. In fact after the last incident a week prior, the victim had asked Mrs. Hart to call the police if she saw her estranged husband at the house as she was in fear of him. A check of police dispatch records revealed two prior 911 calls from Mrs. Mathews about threats from Matt Mathews. Also in the system was an active domestic violence order of protection for the victim, baring contact from Matt Mathews. Matt Mathews is pulled over for speeding and is arrested for DWI by police in the adjacent town of Mount Pilot five minutes after the call to 123 Main. Mr. Mathews has fresh injuries including  scratches on his face and is highly agitated. While the officers are trying to conduct field sobriety tests, Matthews repeatedly mumbles “the bitch deserved it.” The motor vehicle stop and arrest are recorded on the police dash camera. Due to the active restraining order in the police data base, the accused’s fresh injuries and his statements, Mount Pilot Police contact Mayberry Police to conduct a welfare check on Mrs. Mathews. They are advised of the active murder investigation and asked to hold Mr. Mathews. ​ The medical examiner conducts an autopsy as well as forensic testing that reveals DNA evidence and blood other the victim’s on her clothing. During the investigation police find multiple threatening phone messages and texts from Matt Mathews on Mrs. Mathews’ cell phone. Police subpoena Mr. Mathews’ phone records as well. Mr. Mathews is ultimately charged with the murder of his estranged wife Shannon.The defense also attempts to block the testimony of Mount Pilot police regarding Mr. Mathews utterances during the recorded field sobriety test. Is this testimony hearsay?

A defendant is found in possession of a very large quantity of illegal drugs. It is permissible to draw the inference that the possession was _____.​

The privilege against self-incrimination, which includes the right of a defendant not to testify, is found in the _____ Amendment.​

Case 12.1 ​Police respond to an armed robbery call at a local deli. The store owner shows the video of the suspect with a gun, provides the direction the suspect fled and tells police that $375.00 in cash was taken.  The police spot the suspect fleeing on foot two blocks away and give chase. The suspect runs through a city park and is stopped near a playground. Officer Smith conducts a frisk of the suspect for the handgun but finds no gun. Officer Smith immediately asks the suspect “where’s the gun?” The suspect hesitates and Officer Smith says “Look, there a lot of little kids here; we don’t want one of them to find the gun and have a tragedy.” The suspect points to a garbage can near the playground and states “it’s in the can.” Another officer retrieves the gun. The suspect is then taken into custody, searched and brought to the police station where he is placed, handcuffed, in an interrogation room. He is provided a written copy of his Miranda warning and the warning is read to him.  The search of the suspect produces $ 450.00 in cash and a cell phone. ​ The suspect is questioned regarding the gun and the robbery. The detectives present the now-unloaded gun in an evidence bag, which the suspect identifies as the one he threw in the can. The suspect admits the gun is his, claiming he found it a week prior in an alley by his apartment.  He remains silent in response to questions regarding the robbery and states “I am not talking about anything else that happened today.” The suspect is then directed to stand in a lineup with five other persons. The store owner positively identifies the suspect. The suspect is charged with the armed robbery, unlawful possession of a weapon and possession of a weapon for unlawful purposes. ​Which of the following statements would not be required when the detectives were providing the suspect his Miranda warning?​

Under the Sixth Amendment, once a criminal proceeding has begun, defendants are entitled to an attorney at all critical stages.​

The dying declarations exception to the hearsay rule has been justified on the basis of public necessity. statements against penal interest.​