Criminal Evidence
Exam Materials
Course Introduction
Criminal Evidence explores the principles and rules governing the admissibility, collection, and evaluation of evidence in criminal proceedings. The course covers types of evidence, including physical, digital, testimonial, and documentary, and examines standards of proof, burdens of proof, and the roles of judges and juries. Students analyze constitutional and procedural safeguards, such as the exclusionary rule and protections under the Fourth, Fifth, and Sixth Amendments. The course also addresses issues such as hearsay, witness credibility, expert testimony, and chain of custody, equipping students with a comprehensive understanding of evidence as it applies in real-world criminal cases.
Recommended Textbook
Criminal Evidence Principles and Cases 8th Edition by Thomas J. Gardner
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18 Chapters
1131 Verified Questions
1131 Flashcards
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Chapter 1: History and Development of the Law of Criminal Justice
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Sample Questions
Q1) The First ten Amendments to the U.S.Constitution are called the ____________.
Answer: Bill of Rights
Q2) The Supreme Court has ruled that there are four guiding principles that should be used when determining whether a juror has been properly excused for cause in capital cases.What are those four principles?
Answer: The four principles are:
-The defendant has a right to have a jury that is not tilted in favor of capital punishment, which means the prosecution may not challenge for cause any juror who expresses doubt about capital punishment.
-The state has a legitimate interest in having jurors who are willing to apply capital punishment where the law so permits.
-Unless a juror is "substantially impaired" in his ability to impose the death sentence, his excusal for cause is improper.
-The trail judge is entitled to deference in the determination of when a prospective juror is "substantially impaired"
Q3) The formal charging document issued by a grand jury is called a/n
Answer: indictment
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Chapter 2: Important Aspects of the American Criminal Justice System
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Sample Questions
Q1) The U.S.Constitution is the supreme law of the land.
A)True
B)False
Answer: True
Q2) Evidence is not relevant (irrelevant) if it is
A)not related to any fact or issue in the case.
B)subject to a privilege.
C)recognized by judicial notice.
D)exculpatory.
Answer: A
Q3) Most crimes committed in the U.S.are
A)state crimes.
B)federal crimes.
C)both state and federal crimes.
D)both federal and international crimes.
Answer: A
Q4) The American system of criminal justice is an adversarial one, not a/n ____________ one.
Answer: inquisitorial
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Chapter 3: Using Evidence to Determine Guilt or Innocence
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Sample Questions
Q1) Assume the role of defense attorney.Would you ever encourage a client to use the insanity plea? Why or why not? Under what circumstances? Explain your answers fully.
Answer: The student response should be based on the fact that most defendants will be held for observation longer than they would have been incarcerated if found guilty of the crime.Secondly, most states place the burden on a defendant using the insanity plea to come forward with evidence showing that he or she was so mentally diseased or defective that he or she was unable to formulate the mental intent to commit the crime charged.
Q2) An indictment is a formal criminal charge issued by A)the police.
B)the judge.
C)the prosecutor.
D)the grand jury.
Answer: D
Q3) A guilty plea where the defendant reserves certain rights (such as the right to appeal a legal issue) is termed a/n ____________ plea.
Answer: conditional
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Chapter 4: Direct and Circumstantial Evidence and the Use of Inferences
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Sample Questions
Q1) Evidence consists of the materials presented to the trier of fact
A)pursuant to presumptions.
B)to convince them of the existence of a fact.
C)to explain the judge's instructions.
D)to attempt to contradict inferences.
Q2) The prosecution must prove the defendant's guilt beyond a/n ____________.
Q3) In some instances, presumptions may operate against a defendant's right to ____________ and thus be unconstitutional.
A)counsel
B)subpoena witnesses
C)a public trial
D)a trial by jury
Q4) The burden of __________requires the party with the burden to produce sufficient evidence to persuade the fact finder that a fact exists.
A)evidence.
B)deductions.
C)persuasion
D)production
Page 6
Q5) ______________ evidence is evidence that proves a fact in issue indirectly.
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Chapter 5: Witnesses and the Testimony of Witnesses
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Sample Questions
Q1) After a witness is subject to cross-examination, the party that called them originally may ask further questions under ____________ examination.
A)recross
B)following
C)redirect
D)didactic
Q2) The first witnesses to testify in a criminal case are prosecution witnesses. A)True
B)False
Q3) A subpoena duces tecum is a subpoena that orders the person to A)bring certain items or records with them to court.
B)appear with an attorney.
C)waive their privilege against self-incrimination. D)not discuss their testimony with anyone.
Q4) Voir dire is a French term meaning to incriminate oneself. A)True B)False
Q5) Defendants who testify at their trial waive their ____________ against self-incrimination.
Q6) The conduct or attitude of a witness is called their "_____________."
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Chapter 6: Judicial Notice, Privileges of Witnesses, and Shield Laws
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Sample
Questions
Q1) The privilege against self-incrimination applies to handwriting and speech exemplars.
A)True
B)False
Q2) Which of the following is an exception to the marital privilege?
A)when one spouse has committed a crime against another
B)when one of the spouses has been unfaithful to the other C)when one of the spouses has committed a crime
D)when one spouse has been married before
Q3) The privilege against self-incrimination is found in the __________ Amendment.
A)Fourth
B)Fifth
C)Sixth
D)Eighth
Q4) The police-informant privilege involves a privilege not to reveal the identity of confidential police informants.
A)True
B)False
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Q5) Discuss fully the scope of the privilege against self-incrimination.Be sure to provide examples.
Chapter 7: The Use of Hearsay in the Courtroom
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Sample Questions
Q1) The Federal Rules of Evidence contain ___________ exceptions to the hearsay rule.
Q2) The general rule is that hearsay evidence is not admissible.
A)True
B)False
Q3) Among the most infamous trials in English history were the Star Chamber trials of the 1500s and 1600s.
A)True
B)False
Q4) Statements made by a ________during and in furtherance of the conspiracy are not hearsay
A)co- conspirator
B)admissible.
C)not admissible unless the opponent objects.
D)admissible if the opponent objects.
Q5) To fall within the hearsay rule, the testimony must be offered to prove the A)credibility of the witness.
B)truth of the matter asserted in the statement.
C)the credibility of the declarant.
D)unavailability of the declarant.
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Chapter 8: The Confrontation Clause and Exceptions to the Hearsay Rule
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Sample Questions
Q1) Traditionally, hearsay exceptions have been allowed only when the statement has some indicia of _____________.
Q2) Although statements by a patient to a physician for treatment or diagnosis may be privileged, there is no hearsay exception for such statements.
A)True
B)False
Q3) An ______________ is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.
A)excited utterance
B)statements to physicians
C)dying declaration
D)confession
Q4) There is a hearsay exception for business, government, and religious records as long as the records are
A)over ten years old.
B)handwritten.
C)regularly kept.
D)not stored on computers.
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Chapter 9: The Exclusionary Rule
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Sample Questions
Q1) Police misconduct can result in the violation of the Fifth and Fourteenth Amendments' Clauses of due process.
A)True
B)False
Q2) Excluding a confession obtained after an illegal search and seizure is an example of the application of the fruit of the poisonous tree doctrine.
A)True
B)False
Q3) If the government can satisfy the attenuation of the taint doctrine, the fruit of the poisonous tree doctrine does not apply.
A)True
B)False
Q4) In Mapp v.Ohio, the U.S.Supreme Court made the federal exclusionary rule binding on the states.
A)True
B)False
Q5) One of the exceptions to the exclusionary rule and fruit of the poisonous tree doctrine is the _____________ source doctrine.
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Chapter 10: Where the Exclusionary Rule Does Not Apply
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Sample Questions
Q1) Rental agreements which have expired are considered abandoned and are not subject to the exclusionary rule.
A)True
B)False
Q2) The court in U.S.v.Ritter did not place limitations on the honest mistake rule.
A)True
B)False
Q3) If drugs are thrown away and the police have exhibited proper conduct in causing the abandonment, the drugs can be used as evidence.
A)True
B)False
Q4) Many exclusionary rule cases grow out of Fourth Amendment violations. A)True B)False
Q5) In U.S.v._____________, the U.S.Supreme Court recognized a good faith exception to the exclusionary rule in a defective warrant case.
Q6) The federal exclusionary rule applies only in criminal cases. A)True
B)False
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Chapter 11: Special Needs and Administrative Searches
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Sample Questions
Q1) The U.S.Supreme Court has specifically upheld the use of vehicle checkpoints to enforce immigration laws.
A)True
B)False
Q2) Discuss airport screenings from both the perspective of evidence being admissible and/or non-admissible in court.
Q3) The U.S.Supreme Court has held that public schools may conduct random drug testing of student athletes and students involved in extracurricular activities.
A)True
B)False
Q4) The U.S.Supreme Court has specifically held that public school boards may require random drug testing of A)all students.
B)student athletes and those involved in extracurricular activities.
C)students who are arrested for drug offenses.
D)students who are members of gangs.
Q5) Public schools may randomly drug test student _____________.
Q6) Fourth Amendment protections are weaker when the government is protecting its _____________ needs than when it is investigating crime.
Page 13
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Chapter 12: Obtaining Statements and Confessions for Use
As Evidence
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Sample Questions
Q1) Define and discuss the "14 day Rule".
Q2) Discuss the application of the Totality of the Circumstances test when it comes to juveniles.
Q3) When does a person have a right to an attorney?
Q4) Which of the following is not required under Miranda before confessions are admissible?
A)Proper warnings must be given.
B)The suspect must understand the warnings.
C)A voluntary waiver must be obtained.
D)An attorney must be present during warnings and waiver.
Q5) Miranda warnings are not required when a person who is not in custody volunteers information.
A)True
B)False
Q6) The courts found in State v.Burrell and In re Jerrell that the presence of _______ in juvenile matters was required.
Q7) The public safety exception to _______has been used many times since it was created in 1984.
Q8) Miranda v.Arizona was decided by the U.S.Supreme Court in the year _______. Page 14
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Chapter 13: The Law Governing Identification Evidence
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Sample Questions
Q1) The leading U.S.Supreme Court case on due process and eyewitness identification procedures is probably
A)Neil v.Biggers.
B)U.S.v.Wade.
C)People v.Kelly.
D)Pennsylvania v.Proctor.
Q2) Spectrogram or voiceprint evidence comparing voices to determine a match
A)has been approved by the U.S.Supreme Court.
B)is admissible in all courts.
C)is admissible if the defendant agrees.
D)is not admissible in many courts.
Q3) Police should always attempt to find additional evidence to corroborate the identification made by an eyewitness.
A)True
B)False
Q4) Define the various ways a defendant can be identified as the perpetrator of a crime in a criminal courtroom.
Q5) What are the possible causes of mistaken eyewitness identification? Discuss each.
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Chapter 14: Obtaining Physical and Other Evidence
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Sample Questions
Q1) The Fourth Amendment applies to voluntary encounters.
A)True
B)False
Q2) Inventory searches may be conducted only on reasonable suspicion.
A)True
B)False
Q3) Most investigative detentions are supported by reasonable________, and occur over a reasonable short period of time.
A)inference
B)experience
C)intuition
D)suspicion
Q4) __________ stops are utilized thousands of times annually for drivers that are speeding or have equipment violations.
Q5) ___________suspicion is therefore more than a hunch, a gut reaction, or mere suspicion.
Q6) One set of exceptions to the warrant requirement involves exigent circumstances.
A)True
B)False
Q7) The automobile exception has a ________ right of privacy from homes.
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Chapter 15: Obtaining Evidence From Computers or by Use
of Search Warrants, Wiretapping, or Dogs Trained to
Indicate an Alert
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Sample Questions
Q1) The Fourth Amendment requires that assertions of facts in the warrant application be supported by oath or _____________.
Q2) Difficulty may occur in seizing evidence without court order for A)wallets.
B)cell phones.
C)briefcases.
D)purses.
Q3) Define administrative search warrants and the requirements of these types of warrants.
Q4) Most wiretapping and electronic eavesdropping federal statutes allow such interceptions without a court order if A)one party to the conversation consents to the interception. B)the president or governor approves the interception.
C)family violence is involved.
D)no incriminating evidence is obtained.
Q5) Federal and state wiretapping and eavesdropping laws have exceptions for family members who are monitoring other family members.
A)True
B)False
Page 18
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Chapter 16: The Crime Scene, The Chain of Custody
Requirement, and the Use of Fingerprints and Trace Evidence
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Q1) The USA _______ACT of 2001 expanded the authority of government to use many of these measures in combating terrorism.
Q2) Officers can make warrantless searches of premises if incident to an arrest. A)True
B)False
Q3) In drug cases, the chain of custody does not have to be established. A)True
B)False
Q4) To raise the issues of illegal search and seizure, the defendant must have standing. A)True
B)False
Q5) In Mincey v.Arizona, the Supreme Court held that there is no ____________ scene exception to the warrant requirement.
Q6) If a police officer has been murdered at the scene, police may lawfully search the scene for up to four days before obtaining a warrant.
A)True
B)False
Q7) Discuss how bite marks may be useful as evidence. Page 20
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Chapter 17: Videotapes, Photographs, Documents, and Writings As Evidence
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Sample Questions
Q1) The silent witness method is used to authenticate ___________ evidence.
Q2) The ancient documents rule applies only to documents 100 years of age or older.
A)True
B)False
Q3) Police have a valid search warrant and seize a defendant's incriminating business records.This procedure
A)violates the privilege against self-incrimination.
B)violates the confrontation clause.
C)does not violate the Fifth Amendment.
D)violates the Fifth Amendment only if the records are handwritten.
Q4) The silent witness method is a means of authenticating a document.
A)True
B)False
Q5) To have protection against government videotaping, the suspect must have a ____________ expectation of privacy in the place where the taping is occurring.
Q6) The following types of circumstantial evidence may be used to show that documents are authentic and genuine.
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Q7) In general, _____________ kept records of businesses; government, etc.are presumed to be authentic.
Chapter 18: Scientific Evidence
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Q1) In a recent study, it was found that all states use the Daubert for scientific validity.
A)True
B)False
Q2) The Frye test was criticized for being too broad and too narrow.
A)True
B)False
Q3) Prior to the Supreme Court's Daubert decision, federal courts used a _____________ test.
A)general acceptance
B)conditional relevance
C)contingent admissibility
D)consistency and reliability
Q4) There are a number of agencies or sources providing the collecting, correlating, and coordination of evidence.Name and discuss at least three of these.
Q5) Describe the Federal DNA Act.
Q6) Explain the biological theory underlying DNA testing and how such evidence is usually presented in court.
Q7) Describe the two limitations on DNA evidence as of 2012.
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