Answer to Question 1
o brought into the court and seen by the jury, as opposed to evidence that is described for a jury.
Lay witnesses can truthfully and accurately testify on a fact in question without having specialized training or knowledge. An expert witness has professional
o training or substantial experience qualifying her or him to testify on a certain
subject.
Direct evidence is evidence that establishes the existence of a fact that is in question without relying on inference. Circumstantial evidence is indirect
o evidence that is offered to establish, by inference, the likelihood of a fact that is
in question.
Answer to Question 2
o that the Constitution prohibits prosecutors from using peremptory challenges to strike possible jurors on the basis of race.
In order for the defendant to prove that the prosecution used a peremptory
o challenged based on racial motivation, there are a number of legal steps that must be followed.
First, the defendant must make a case that there was discrimination during
o venire.
The defendant must show that he or she is a member of a recognizable racial
o group and that the prosecutor has used a peremptory challenge to remove members of this group from the jury pool.
The defendant must then show that these facts and other relevant
o circumstances raise the possibility that the prosecutor removed the prospective jurors solely because of their race.
If the court accepts the defendant's charges, the burden shifts to the
o prosecution to prove that its peremptory challenges were race neutral. If the court finds against the prosecution, it rules that a Batson violation has occurred.