Criminal Evidence
Exam Solutions
Course Introduction
Criminal Evidence explores the principles and rules governing the admissibility, relevance, and weight of evidence in criminal proceedings. The course examines foundational concepts such as the burden and standard of proof, the distinction between direct and circumstantial evidence, and types of evidence including testimony, physical and digital evidence, documentary evidence, and expert witness reports. Students will analyze key legal doctrines, including hearsay, privilege, and the exclusion of improperly obtained evidence, while also discussing contemporary issues like forensic evidence and evolving technology. Through case studies and practical exercises, participants will develop skills to critically assess and apply evidentiary rules in criminal trials.
Recommended Textbook
Criminal Evidence 8th Edition by Judy Hails
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Page 2
Chapter 1: Introduction
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Q1) One reason the Star Chamber and Inquisition used in the Middle Ages are considered abusive is they refused to allow the defendant's confession to be admitted at trial.
A)True
B)False
Answer: False
Q2) The United States Supreme Court's rulings apply to all levels of law enforcement (city, state and federal):
A)when it decides a case based on the United States Constitution and Bill of Rights.
B)when it decides a case based on the Federal Rules of Evidence.
C)when it decides a case based on the United States Code.
D)All of these
Answer: A
Q3) In a criminal trial, the defense has the burden of persuasion that the prosecution's evidence is not sufficient to convict the defendant.
A)True
B)False
Answer: True
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Chapter 2: The Role of the Courts
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Q1) An independent judiciary means:
A)judges are free to decide cases based on their own interpretation of the law.
B)judges cannot be removed by the president that appointed them.
C)judges cannot be impeached.
D)all of these
Answer: B
Q2) State court judges must follow all rulings of the U.S.Supreme Court.
A)True
B)False
Answer: False
Q3) Geographical jurisdiction of a court in a criminal case is based on the location where the crime was committed.
A)True
B)False
Answer: True
Q4) The U.S.District Court is the trial court in the federal system.
A)True
B)False Answer: True
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Chapter 3: The Adjudication Process
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Q1) Most juries in criminal cases are sequestered for the duration of the trial.
A)True
B)False
Answer: False
Q2) The speech the defense attorney makes after the prosecution's closing argument is called the rebuttal.
A)True
B)False
Answer: False
Q3) Jury deliberations:
A)are over as soon as the jurors vote on each charge.
B)are over if the jurors notify the judge they are unable to reach a verdict.
C)if the jurors notified the judge they are unable to reach a verdict, the judge may give them instructions about their duty to deliberate.
D)cannot last longer that a length of time established by the state legislature.
Answer: C
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Page 5
Chapter 4: Types of Evidence
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Q1) If the defense introduces evidence on the basic fact in order to establish a rebuttable presumption, the prosecution should:
A)disprove the basic fact.
B)disprove the presumed fact.
C)disprove either the basic fact or the presumed fact.
D)ask that the jury be instructed that presumptions cannot be used in criminal cases.
Q2) In order to qualify as testimonial evidence, the statement must be:
A)made under oath.
B)contain no hearsay.
C)be a first-hand observation.
D)all of these are required
Q3) Testimonial evidence refers to:
A)statements made while testifying under oath.
B)affidavits.
C)depositions.
D)all of these
Q4) Define relevant evidence. When is relevant evidence admissible in court When is relevant evidence NOT admissible in court
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6
Chapter 5: Direct and Circumstantial Evidence
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Sample Questions
Q1) Both direct and circumstantial evidence require the jury to draw an inference in order to establish the fact.
A)True
B)False
Q2) Testimony that a woman who reported that she had been raped previously filed a false police report stating that someone stole her engagement ring is:
A)not admissible due to Rape Shield laws.
B)admissible as character.
C)admissible as Other Acts Evidence.
D)not admissible because the ring is irrelevant to this case.
Q3) The jurors decide how much weight to give individual pieces of evidence.
A)True
B)False
Q4) The jurors may consider the demeanor of a witness when assessing his/her credibility.
A)True
B)False
Q5) Explain the rules about introducing circumstantial evidence of guilt.Give three examples of evidence that can be used for this purpose.
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Chapter 6: Witnesses
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Q1) What will happen if the judge holds a voir dire hearing prior to deciding if Dr.Nora is qualified to testify
A)Prosecution and defense will ask Dr.Nora questions so the judge can evaluate whether she is qualified to testify as an expert in this case.
B)Judge will read all of the reports she wrote for the prosecution and/or the defense to make sure she is not biased.
C)The judge will attempt to impeach Dr.Nora.
D)All of these will happen at the voir dire hearing.
Q2) Witnesses who are impeached for lying while testifying are immediately removed from the stand.
A)True
B)False
Q3) Documents written by a witness are admissible only if needed to corroborate the witness's testimony.
A)True
B)False
Q4) Explain what an attorney must do prior to introducing testimony of an expert witness.
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Chapter 7: Crime Scene Evidence and Experiments
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Q1) Two bullets fired from the same gun may not have similar striations because of:
A)rust in the barrel of the gun.
B)alternations in the barrel of the gun.
C)a cheap gun that has fired a large number of rounds, resulting in wear that changes the striations.
D)all of these can cause different striations
Q2) Explain what needs to be done at the crime scene so that the evidence that is collected will be admissible in court.
Q3) A search warrant is required to obtain any real evidence from the defendant for testing.
A)True
B)False
Q4) Which of the following has been subject to the most controversy regarding using DNA testing in criminal cases
A)Challenges to the theoretical validity of "DNA fingerprint"
B)Contamination of the DNA sample at the crime scene
C)Contamination of the DNA in the laboratory
D)Calculations based on the current database
Q5) Explain the importance of scientific evidence in criminal trials.
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Chapter 8: Documentary Evidence, Models, Maps, and Diagrams
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Q1) Eve is a notary public.The prosecution has not been able to locate her.How will this affect the admissibility of the will that she notarized
A)The signature will be admissible because all signatures of a notary public are self-authenticating.
B)If Eve signed the required statement of authenticity at the time the will was signed the prosecution will not need to authenticate it at trial.
C)The will can be admitted as a certified public record.
D)The page with Eve's signature will be inadmissible unless Eve testifies.
Q2) When introducing documents at trial, "secondary evidence":
A)is any document used to support the testimony of a witness.
B)is testimony introduced when documents are not available.
C)duplicates the original item.
D)all of these
Q3) A document is authenticated by establishing that all of the facts stated in the document are true and accurate.
A)True
B)False
Q4) Explain how the Business Records Exception to the Hearsay Rule..
Page 10
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Chapter 9: Hearsay and Its Exceptions
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Q1) Will Lewis be allowed to testify that Jerry became frightened when the police sounded their sirens and said, "This reminds me of years ago when I got caught trying to rob a bank."
A)Yes, it is an excited utterance.
B)Yes, it is a statement of mental state.
C)No, it does not relate to the events occurring at the time he made the statement.
D) No, Lewis has a reputation for untruthfulness.
Q2) Under the Mental and Physical State Exception to the Hearsay Rule, the statement must be about:
A)Currently existing mental or physical state
B)Physical or mental pain and suffering at that moment
C)Intent to commit a crime
D)Previously existing mental or physical state
Q3) Statements are admissible under the Mental and Physical State Exception to the Hearsay Rule only if they describe a condition that existed at the time the statement was made.
A)True
B)False
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11
Chapter 10: Privileged Communications
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Q1) Can Veronica prevent Wes from testifying based on the Husband-Wife Privilege Not to Testify against Each Other
A)Yes, Veronica can if the state where she lives makes the defendant the holder of the privilege and her divorce is not final when Wes is called to testify.
B)Yes, Veronica can because both spouses hold the privilege and can prevent the other spouse from testifying as long as they are still married.
C)No, the privilege cannot be used in criminal cases.
D)No, a spouse who is a defendant cannot invoke the privilege.
Q2) The defense never has the right to obtain copies of complaints in the arresting officer's personnel records.
A)True
B)False
Q3) A defendant waives a privilege by:
A)entering a plea of not guilty
B)terminating the privileged relationship
C)telling someone what was said during a privileged conversation
D)all of these would result in waiving a privilege
Q4) What other evidentiary issues must be considered in conjunction with privileges
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Page 12
Chapter 11: Developing Law of Search and Seizure
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Sample Questions
Q1) Evidence seized in violation of the Fourth and Fifth Amendments may be used:
A)at a Grand Jury hearing
B)at a trial in civil court
C)at a parole revocation hearings
D)the evidence will be admissible at all of these proceedings
Q2) What is the purpose of the "return" on a warrant
A)make sure that all documents are returned to the court file
B)document requests for warrants that were rejected
C)document how many attempts were made before successfully executing the warrant
D)provide a record of when the warrant was served and what evidence was seized
Q3) Can Officer Allen search Dan and Eric for weapons
A)Yes, search warrants include the right to search everyone present for weapons.
B)Yes, officers are allowed to conduct a search for their protection if they suspect people are armed.
C)No, officers may not conduct any type of search not specifically mentioned in the search warrant.
D)No, Dan and Eric may be detained but they cannot be searched.
Q4) State the Fourth Amendment and explain key concepts.
Q5) Describe the history of the Exclusionary Rule in the United States Supreme Court.
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Chapter 12: Field Interviews, Arrests, and Jail Searches
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Q1) Police dogs trained to detect drugs can be used:
A)only if authorized by a search warrant
B)only during the search incident to an arrest
C)only during a search incident to an arrest for drug related crimes
D)may accompany police officer to any public place the officer legally goes
Q2) An arrest warrant is mandatory:
A)in all non-emergency situations
B)for all misdemeanors
C)whenever officers enter the suspect's home to make an arrest
D)never
Q3) An officer stops a car based on a vehicle code violation.If the officer has reasonable suspicion the people in the car have weapons, the officer may:
A)thorough search the occupants of the car and the entire vehicle
B)pat-down of the occupants of the car and search the entire vehicle
C)pat-down of the occupants of the car and search the passenger compartment for weapons
D)no search allowed unless the officer makes an arrest
Q4) A detention based on Terry v.Ohio may never last more than 20 minutes.
A)True
B)False
Page 14
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Chapter 13: Plain View, Consent, Vehicles, and Administrative Searches
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Q1) Police officers do not have to obtain a search warrant for a car if they have probable cause it contains contraband.
A)True
B)False
Q2) The rationale the Supreme Court has used when deciding cases involving vehicle searches is:
A)vehicles were not protected at the time the Fourth Amendment was adopted.
B)vehicles that people sleep in, such as RV's, have privacy protection but other vehicles do not.
C)vehicles have lower level of privacy due to the fact that it is easy to see into them on the streets.
D)vehicles have lower level of privacy because they are personal property rather than real estate.
Q3) Probable cause is not needed to conduct searches of probationers:
A)if consenting to a search is a condition of their probation.
B)as long as they remain on probation.
C)only if the search is by a probation officer.
D)probationers have the same rights as other people.
Q4) Explain the search and seizure rules which apply to abandoned property.
Page 15
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Chapter 14: Usa Patriot Act, Foreign Intelligence, and Other
Electronic Surveillance
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Q1) Prior to service on a bank, a National Security Letter (NSL) must include:
A)a statement by a federal investigator that information is sought for foreign counter intelligence purposes.
B)approval by the federal investigator's supervisor.
C)approval by a federal judge.
D)All of these are required
Q2) The maximum length of time a warrant can be issued (without renewal) under the Wiretap Act of 1968 is:
A)3 days
B)10 days
C)30 days
D)90 days
Q3) If a cell phone is found during a search incident to arrest, the police must obtain a search warrant before looking at its text messages.
A)True
B)False
Q4) What distinction has the U.S.Supreme Court made between "pen registers" and wiretaps What regulations did the Congress place on "pen registers" that were not mandated by U.S.Supreme Court decisions
Page 16
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Chapter 15: Self-Incrimination
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Q1) If the defendant takes the witness stand and lies:
A)the Fifth Amendment protects the defendant from prosecution for perjury.
B)the only legal recourse is for the prosecutor to file perjury charges.
C)the judge can hold the defendant in contempt of court.
D)the judge can add an enhancement to the defendant's sentence due to the fact he/she committed perjury while on the stand.
Q2) If the police question a suspect who is in custody without correctly administering the Miranda warnings, all subsequent statements made by the suspect will be inadmissible in court.
A)True
B)False
Q3) The Miranda warnings are required during booking:
A)Never
B)Not required when booking officer asks for name of person to contact in case of an emergency
C)Required if booking officer is asking for information regarding the crime for which the suspect is being booked
D)Required prior to asking any questions during booking
Q4) State the Miranda warnings and explain the standard for a waiver.
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Chapter 16: Identification Procedures
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Q1) What is the lowest level of suspicion that must be present for the police to detain a person in the field for a showup
A)Police have the authority to detain people to participate in showups based on their subjective opinions
B)Reasonable suspicion
C)Probable cause
D)Proof beyond a reasonable
Q2) What can police ask participants to do at a lineup without violating their Fifth Amendment rights
A)Pose in a position similar to the way the suspect stood during the crime
B)Say what the robber said while committing the crime
C)Put on a jacket that was found at the crime scene
D)All of these can be done without violating the Fifth Amendment
Q3) The suspect can exercise his/her Fifth Amendment rights and refuse to participate in identification procedures.
A)True
B)False
Q4) Does the Fifth Amendment apply to showups, lineups, and photographic lineups Explain.
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Chapter 17: Preparing the Case for Court
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Q1) The "chain of custody" for the gun that was the murder weapon includes:
A)where the gun was purchased.
B)where the police found the gun.
C)who owns the gun.
D)All of these are part of the "chain of custody"
Q2) Discuss what is appropriate dress and demeanor for officers who go to court to testify about cases they investigated.
Q3) The facts are all that is considered when a jury makes a decision on the case.
A)True
B)False
Q4) Police should interview witnesses a few days before the date they are scheduled to testify at trial:
A)Never
B)Only with the defense attorney present
C)May help them refresh memory
D)Should explain to the witness what testimony is needed
Q5) Police officers should always appear in court in conservative business suits.
A)True
B)False
Q6) Discuss how a police department should deal with reporters.
Page 19
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