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Introduction to Criminal Courts provides students with a comprehensive overview of the structure, functions, and processes of criminal courts within the justice system. The course explores the roles of key participants including judges, prosecutors, defense attorneys, and jurors and examines how cases progress from arrest and arraignment through trial, sentencing, and appeal. Emphasis is placed on procedural rules, legal principles, and the interplay between state and federal court systems. Through real-life case studies and class discussions, students will gain insight into current challenges faced by criminal courts and the impact of judicial decision-making on society.
Recommended Textbook Criminal Evidence 7th Edition by Norman M Garland
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Q1) It is the job of the prosecutor to pursue a case developed by the police until the case terminates by A)dismissal.
B)verdict.
C)mistrial.
D)only a and b above.
Answer: D
Q2) Probation is the most frequently imposed sentence on first-time offenders. A)True
B)False
Answer: True
Q3) The law enforcement officer has the responsibility of filing the criminal complaint.When should this be done and what must support the complaint?
Answer: The criminal complaint can be completed either 1)in advance of an arrest in order to obtain an arrest warrant,or 2)after an arrest is made without a warrant.The complaint charges the defendant with a particular crime and is supported by an 3)affidavit,a written statement,sworn under oath,in which the officer states the facts within his or her personal knowledge that support the complaint.
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Q1) What amount of proof is necessary in a criminal trial? In a civil trial?
Answer: In a criminal trial,the prosecution must present enough evidence to convince the jury of the defendant's guilt beyond a reasonable doubt.Proof beyond a reasonable doubt is the highest level of proof demanded by American law.In a civil trial,the amount of proof necessary is only a preponderance of the evidence.A preponderance of the evidence is 50% plus a feather in one's favor.
Q2) A lawyer should not typically ask questions that may lead to the following type of response from a witness:
A)Yes-or-no type of an answer.
B)Longer narratives,assuming the witness is particularly knowledgeable.
C)Brief answers in about one sentence.
D)Name of an individual.
Answer: B
Q3) Leading questions usually occur during cross-examination.
A)True
B)False
Answer: True
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Q1) The term "competency" is used to describe whether certain evidence is admissible or not.
A)True
B)False
Answer: True
Q2) Describe a situation would allow the accused in a sexual assault case to introduce evidence that a victim has had consensual sexual relations with someone else to show that he or she likely consented to sex with the accused.
Answer: In the Kobe Bryant trial for sexual assault,the victim alleged that a hospital examination after the incident showing vaginal tearing proved the sexual encounter was non-consensual.The judge ruled that evidence about the victim's sexual activity after the alleged rape by Kobe Bryant and before the victim had a hospital examination would be admissible as relevant to show that the victim's physical injury (vaginal tearing)could have come from the other sexual encounter.Such use of the evidence is permitted under rape shield laws generally,as it was under Colorado's rape shield law.
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Q1) Which amendment of the United States Constitution requires a witness to appear personally to face the defendant?
A)4<sup>th</sup> Amendment.
B)5<sup>th</sup> Amendment.
C)5<sup>th</sup> and 14<sup>th</sup> Amendments.
D)6<sup>th</sup> Amendment.
Q2) If a client approaches a friend who has not yet completed law school for legal advice,any information relating to a crime is protected under the attorney-client privilege because the friend is treated as if he is an attorney.
A)True
B)False
Q3) If the question presented regarding the qualification of a witness to testify is whether the witness has personal knowledge of the facts related to the case,the jury,and not the judge,will usually listen to the testimony and decide for themselves whether they believe the witness has personal knowledge.
A)True
B)False
Q4) What are two possible justifications for the attorney-client privilege?
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Q1) The rule on witnesses applies to all witnesses in a criminal case.
A)True
B)False
Q2) The Rule on Witnesses
A)provides that a witness be compensated for his or her testimony.
B)places a limit on how far a witness by be required to travel in order to testify without being compensated.
C)allows a court to impose sanctions on a subpoenaed witness for non-appearance.
D)excludes witnesses from the courtroom during trial.
Q3) Factors in evaluating witness capacity do not include A)memory.
B)narration.
C)education. D)sincerity.
Q4) The FRE no longer allows the use of hypothetical questions in examining an expert witness.
A)True
B)False
Q5) Describe three ways in which expert witness's opinions and conclusions may be biased.
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Q1) What are the five basic methods of impeaching a witness?
Q2) Why are a witness's biases allowed to discredit his or her testimony without the cross-examiner being required to prove that the witness is not credible,has contradicted his or herself,has bad character,or make an inconsistent statement?
Q3) A criminal defendant may never invoke the privilege against self-incrimination if he or she chooses to testify because he or she automatically waives the privilege by choosing to testify.
A)True
B)False
Q4) If an inconsistent statement is contained in testimony of a witness other than the accused,then a statement taken from the accused in violation of Miranda can be used to impeach.
A)True
B)False
Q5) Which of the following persons determine if a witness has been impeached?
A)The judge
B)The jury
C)The cross-examiner
D)The attorney who called the witness
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Q1) The state of mind exception to the hearsay rule allows evidence to be admitted to prove a person's present state of mind.
A)True
B)False
Q2) A statement describing or explaining an event or condition made while perceiving the event or immediately thereafter is called:
A)present sense impression
B)immediately observable impression
C)prior consistent impression
D)excited utterance
Q3) Which of the following is not a foundational requirement for a dying declaration?
A)the statement must concern the cause or circumstances of what the declarant believed to be impending death
B)the declarant must be unavailable
C)the declarant must believe that he or she will eventually die
D)the trial must be either a prosecution for homicide or a civil action
Q4) Explain the two ways in which a statement may tend to prove something.
Q5) What are the three types of vicarious opposing parties' statements (admissions)?
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Q1) The fruit of the poisonous tree doctrine is applicable to all violations of Miranda. A)True
B)False
Q2) Once the accused invokes his right to remain silent,the police may not resume questioning,unless the accused himself initiates further communication,exchanges,or conversations with the police.
A)True
B)False
Q3) What is the difference between a confession and an opposing party's statement (admissions)?
Q4) Under the FRE,any statement made by a party is an opposing party's statement (admissions)and can be used in evidence against him or her as long as the statement is relevant to the case.
A)True
B)False
Q5) What is the test for "custody"?
Q6) What is the difference,if any,between the Sixth Amendment and the Miranda right to counsel?
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Q1) A search warrant is a judge's order to a police officer to search a particular person or place for particular things.
A)True
B)False
Q2) Explain the silver platter doctrine and the current test.
Q3) A police officer must always have probable cause or a reasonable suspicion to conduct stop and search activities.
A)True
B)False
Q4) What United States Supreme Court decision established the existence of the exclusionary rule?
A)Weeks v.United States
B)Mapp v.Ohio
C)Silverthorne Lumber Co.v.United
D)The exclusionary rule is a federal rule of evidence which was adopted by every state.
Q5) Explain the independent source doctrine and give an example.
Q6) What is the test for determining if a person has been seized?
Q7) Explain the fruit of the poisonous tree doctrine.
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Q1) An out-of-court identification which is illegal will make an identification made at trial inadmissible.
A)True
B)False
Q2) Which of the following would least likely be considered a neutral inquiry into a witness's choice?
A)"Which one of these six photos did you choose?"
B)"The suspect was in this array.Were you able to pick him out?"
C)"Did you choose anyone from this array?"
D)"Did you have a chance to slowly and carefully look through this set of photos?"
Q3) The use of both black and white and color photographs in the same array is generally discouraged.
A)True
B)False
Q4) When a suspect who has not formally been indicted or otherwise formally charged is placed in a lineup,counsel need not be present.
A)True
B)False
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Q1) Circumstantial evidence is sometimes called indirect evidence.
A)True
B)False
Q2) Evidence may be determined to be relevant but not admissible.
A)True
B)False
Q3) Prior crimes known to have been committed by the defendant may sometimes be introduced into evidence to prove that the defendant committed the crime for which he or she is now charged.
A)True
B)False
Q4) Most courts that make no distinction between direct and circumstantial evidence continue to define the two categories of evidence for a jury.
A)True
B)False
Q5) What is the reputation of a defendant and how do you prove it in a criminal trial?
Q6) What are some reasons why rape victims are often reluctant to report their attacks?
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Q1) Suppression by the prosecution of exculpatory evidence upon request by the defense may result in a mistrial or new trial on appeal only if the suppression was done in bad faith.
A)True
B)False
Q2) Under which of the following circumstances is a defendant not required to comply with a subpoena duces tecum?
A)When he or she doesn't want to.
B)When his or her lawyer tells him or her not to.
C)When it would incriminate him or her to do so.
D)When no mileage fees are offered along with the subpoena.
Q3) What are the four different categories of Public Documents?
Q4) Explain what must be shown in order for a defendant to succeed on a Brady claim under Banks v.Dretke,540 U.S.668 (2004).
Q5) Explain the significance of the Supreme Court decision in Arizona v.Youngblood as it relates to a due process argument in a Brady claim.
Q6) What are the defenses that the defendant may be required to disclose to the prosecution prior to trial?
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Q1) Which of the following is not a typical chain of custody?
A)Collecting officer,transport officer,lab professional,officer who brings item to court.
B)Collecting officer,lab professional,collecting officer.
C)Collecting officer,transport officer,lab professional,defendant,officer who brings item to court.
D)Collecting officer,lab professional,officer who brings the item to court.
Q2) What are the advantages of having two or more officers present when the physical evidence is collected and marked for identification?
Q3) Which of the following is not an appropriate container to store a piece of evidence?
A)A paper bag
B)A plastic bag
C)A large see-through box
D)The glove box of the police car
Q4) When a crime scene is visited by the jury,it is required that the defendant be present at the viewing.
A)True
B)False
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Q1) What data should be included on an identification card placed at a crime scene for photographing? Where should it be placed?
Q2) An officer can ensure that he or she can identify a photograph or videotape at a later date by placing an inconspicuous item in the scene that can easily be taken as a part of the crime scene and not detract the jury's attention.
A)True
B)False
Q3) A hard copy is preferable over a projected image because if any question about the projected image's admissibility arises,the jury can take the hard copy into the jury room for deliberations.
A)True
B)False
Q4) Eight-by-ten-inch photograph enlargements are the most accepted photographic size because they are easy for the jury to handle.
A)True
B)False
Q5) What is the first rule of admissibility of photographic and recorded evidence?
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Q6) Identify those witnesses who can authenticate a photograph or recording.
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Q1) An officer should not discuss the case with his or her partner or superior officers,or seek advise one how to testify.
A)True
B)False
Q2) The officer may be responsible for the introduction of physical evidence,and should prepare it for proper presentation.
A)True B)False
Q3) Each of the following are ways an officer may receive notification to appear in court to testify except
A)receiving a subpoena through direct service.
B)receiving a call from the prosecutor requesting the officer testify.
C)receiving a letter from the prosecutor requesting the officer testify.
D)receiving a subpoena through the subpoena control department of the station where the officer works.
Q4) It is improper for the officer to discuss the facts of a case with anyone before testifying.
A)True B)False
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