Criminal Evidence Question Bank - 1131 Verified Questions

Page 1


Chapter 5: Witnesses and the Testimony of Witnesses

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Q1) Discuss the purposes of redirect examination.

Q2) Defendants who decide to testify at their trial

A)may not be cross-examined because they have a privilege against self-incrimination.

B)may not be prosecuted for perjury even if they lie.

C)may be cross-examined.

D)do not have to take an oath to tell the truth.

Q3) Discuss, define, compare, and contrast the law on the permissibility of ordinary and expert witnesses to give their opinions.Be sure to provide examples.

Q4) The right to confront and cross-examine witnesses is found in the Fifth Amendment. A)True B)False

Q5) An ordinary witness may give an opinion about A)things which are in the common knowledge of most people. B)things they have been told by another C)their own competence to be a witness. D)whether their testimony is relevant.

Q6) ___________ means implanting false memories

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Page 8

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Page 10

Chapter 7: The Use of Hearsay in the Courtroom

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Q1) The hearsay rule does not apply to various _____________that would otherwise literally fall within the definition of hearsay.

Q2) The general rule is that hearsay evidence is not admissible.

A)True

B)False

Q3) There are no exceptions to the hearsay rule in the Federal Rules of Evidence.

A)True B)False

Q4) A conspiracy is an agreement between two or more people to commit an illegal act. A)True

B)False

Q5) Under the Federal Rules of Evidence, admissions by a party opponent are always defined as hearsay.

A)True B)False

Q6) In the Federal Rules of Evidence, one form of statement that is specifically excluded from the definition of hearsay is the prior statement of the ______________ currently on the witness stand.

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Chapter 8: The Confrontation Clause and Exceptions to the Hearsay Rule

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Q1) There are no exceptions to the hearsay rule in the Federal Rules of Evidence. A)True

B)False

Q2) The Confrontation Clause does not apply to ___________out-of-court statements.

A)co-conspirators.

B)non-testimonial

C)regularly kept records.

D)child victims of abuse.

Q3) Exceptions to the hearsay rule mandate that the hearsay offered have some A)relation to the unavailability or availability of the declarant.

B)indicia of reliability.

C)means of being corroborated.

D)relation to the burden of proof.

Q4) In 2004, the U.S.Supreme Court decision in ____________ v.Washington made major changes in the law of hearsay and the confrontation clause.

Q5) Police interrogations can produce both testimonial and non-testimonial evidence.

A)True B)False

Q6) Modern _________exceptions occur frequently in sexual abuse cases. Page 12

Q7) The _______Rules of Evidence list 27 exceptions to the exclusionary rule.

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Chapter 9: The Exclusionary Rule

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Q1) The "attenuation" doctrine requires a showing that the time between the improper police conduct and the subsequently discovered evidence was sufficiently lengthy to dissipate the "taint" of the illegal conduct.What do you feel is a sufficient length of time for this to be appropriate? Do you believe that there should be a universal time period that would apply to all situations? Why or why not?

Q2) The U.S.Supreme Court has concluded that the inevitable discovery exception has the same basic justification as the independent _____________ rule.

Q3) One of the exceptions to the exclusionary rule and fruit of the poisonous tree doctrine is the _____________ discovery rule.

Q4) Review the Nix v.Williams case and respond to the following: do you feel that the Supreme Court made the correct assumption in stating that the searchers probably would have found the deceased girl's body even without the information provided by Williams? If the Supreme Court had ruled that the subsequent discovery of the body and related evidence was fruit of the poisonous tree would justice have been served? Why or why not?

Q5) Unreasonable searches and seizures that violate the ___________ Amendment can trigger the federal exclusionary rule.

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Page 14

Chapter 11: Special Needs and Administrative Searches

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Q1) Elected school boards may, if they deem necessary, require _____drug tests of not only student athletes but also students participating in any extracurricular activities.

A)scheduled

B)random

C)parental approved

D)parental notified

Q2) Searches of public school students by school officials on school grounds usually only require _____________ suspicion.

Q3) Security screenings and seizures of items cannot occur without warrants or probable cause at A)airports.

B)courthouses.

C)public buildings.

D)private functions.

Q4) Inmates in prisons and jails may be searched for weapons or contraband

A)only with a warrant.

B)only upon probable cause.

C)only upon reasonable suspicion.

D)randomly or at any time without any particularized individual suspicion.

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Chapter 12: Obtaining Statements and Confessions for Use

As Evidence

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Q1) __________does not apply to routine booking questions.

Q2) After a suspect is charged with a crime, his/her _____Amendment right to an attorney must be observed.

A)Fourth

B)Fifth

C)Sixth

D)Eighth

Q3) In Dickerson v.U.S.(2000), the U.S.Supreme Court held that Congress

A)cannot overrule Miranda.

B)can overrule Miranda in state courts.

C)cannot overrule Miranda unless it uses its power to regulate commerce.

D)can overrule Miranda in federal courts.

Q4) Discuss Miranda in relation to questioning during a booking procedure.

Q5) The public ____________ exception to Miranda was established in N.Y.v.Quarles.

Q6) Explain the Bruton rule and give an example.What are some of the things the prosecution can do to deal with Bruton problems?

Q7) Miranda is based on the _____________ Amendment.

Page 17

Q8) Under what circumstances may a confession be deemed unconstitutional? Discuss each.

Q9) Define and discuss the "14 day Rule".

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Page 18

Chapter 13: The Law Governing Identification Evidence

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Q1) In Foster v.CA, two lineups occurred with the suspect in both lineups.The courts held that this was a denial of ____________.

Q2) According to the 2008 Columbia Law Review article entitled "Judging Innocence", the leading cause of wrongful convictions was due to:

A)Jury nullification

B)Mistakes made by judges.

C)Public defenders being unprepared.

D)Erroneous identification by eyewitnesses.

Q3) One reason for misidentification happens is because not everything we see is recorded in our brains.

A)True

B)False

Q4) Composite sketches developed by police are used for identification by A)victims.

B)witnesses.

C)perpetrators

D)both victims and witnesses.

Q5) Lineups should be conducted to test recognition in a manner that avoids

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Chapter 14: Obtaining Physical and Other Evidence

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Q1) The 1925 case of Carroll v.U.S.dealt with the ______________ exception.

A)movable vehicle

B)special needs

C)emergency

D)exigent

Q2) At a minimum, stop and frisk require that the officer have __________ suspicion.

Q3) Under the Fourth Amendment, when executing a search warrant, police are authorized to use reasonable force if necessary to detain the occupants while the search is going on.

A)True

B)False

Q4) That quantum (amount) of evidence known as reasonable ________is needed to authorize an investigative detention, A)conjecture

B)cause

C)suspicion

D)justification

Q5) The Fourth Amendment applies to voluntary encounters. A)True

B)False

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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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Q1) A search warrant authorizing officers to enter a home or office does not authorize the officers to search a computer found in the premises, unless the search warrant identifies the __________as part of the authorized search

A)peripheral

B)file

C)owner

D)computer

Q2) In general, suspects do not have a right to privacy for their conversations that take place in police cars or jails.

A)True

B)False

Q3) Government access to stored e-mails is not covered by federal law.

A)True

B)False

Q4) Computers owned by the government and used by government employees have less Fourth Amendment protection than computers in homes.

A)True

B)False

Q5) Warrants must be issued by a neutral and ____________ magistrate or judge. Page 21

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Page 22

Chapter 16: The Crime Scene, The Chain of Custody

Requirement, and the Use of

Fingerprints and Trace

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Q1) In Warden v.____________, the U.S.Supreme Court recognized a hot-pursuit exception to the warrant requirement.

Q2) Using bite marks as evidence is most often done in cases of A)homicide.

B)fighting.

C)kidnapping.

D)robbery.

Q3) Discuss the ways in which a person may alter a crime scene in order to obstruct officers from conducting an investigation.

Q4) An ________ exists if law officers have no time to obtain a search warrant and have probable cause to believe that evidence will be destroyed or moved to an unknown place.

A)quandry

B)probable cause

C)emergency

D)exigency

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Q5) Police chasing a suspect into a home may be able to rely on the ____________ exception.

Q6) The term "__________" means having a legal right to raise a legal issue.

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Page 24

Chapter 17: Videotapes, Photographs, Documents, and Writings As Evidence

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Q1) Discuss four methods of authenticating a document or writing.Provide examples of each.

Q2) 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.

Q3) In many cases photographs taken by a police officer are offered as evidence.The officer must establish the __________for the photograph A)foundation B)basis

C)rationale

D)authorization

Q4) Videotaping may be conducted in places where the people being filmed do not have a _____________expectation of privacy.

Q5) No warrant is necessary to videotape events occurring in a public place. A)True B)False

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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 central issue for scientific evidence is the ________of the theory and testing on which the conclusions are based.

A)repeatability

B)validity

C)scrutiny

D)reliability

Q3) In 1999, in the Kumho Tire Co.decision, the Supreme Court extended the Daubert test to A)hearsay.

B)ancient documents.

C)technical evidence.

D)DNA evidence.

Q4) Discuss, describe, compare, and contrast the Frye rule with its successor, the Daubert rule.

Q5) Describe the Federal DNA Act.

Q6) Describe ballistic fingerprinting and its limitations.

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