Judicial Process
Final Test Solutions
Course Introduction
The Judicial Process course examines the structure, functions, and dynamics of courts within the legal system. It explores how judges make decisions, the roles played by various court actors, the procedures followed in civil and criminal cases, and the broader impact of judicial decisions on policy and society. Students will analyze concepts such as precedent, discretion, and judicial review while considering the interaction between courts and other government branches. Through case studies and critical discussion, the course provides a comprehensive understanding of the judiciarys role in upholding the rule of law and delivering justice.
Recommended Textbook Criminal Evidence 8th Edition by Judy Hails
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Page 2
Chapter 1: Introduction
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Q1) In a jury trial, who is the "trier of the law"
A)prosecution
B)defense
C)judge
D)police Answer: C
Q2) Items recovered from the crime scene can be introduced as evidence, but exhibits prepared solely for use during trial are not considered evidence.
A)True
B)False Answer: False
Q3) Vertical prosecution means:
A)similar crimes are handled by the same prosecutor.
B)cases are assigned to prosecutors based on the location where the crime occurred.
C)prosecutors are assigned based on the court proceeding involved.
D)a case is assigned to a prosecutor who handles it through all of the court proceedings. Answer: D
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Chapter 2: The Role of the Courts
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Q1) In a non-jury trial, the prosecutor must establish a prima facie case in order to obtain a conviction.
A)True
B)False
Answer: False
Q2) The statute of limitations applies to the time elapsed between:
A)commission of crime and filing criminal charges.
B)commission of crime and beginning of trial.
C)filing charges and beginning of trial.
D)conviction and final decision by appellate courts.
Answer: A
Q3) If a defendant waits for 1 year after being convicted to file a direct appeal the appeal will be dismissed.
A)True
B)False
Answer: True
Q4) State court systems have a hierarchical organization.
A)True
B)False
Answer: True
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Chapter 3: The Adjudication Process
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Q1) If a jury is unable to "reach a verdict," it is referred to as a "hung jury."
A)True
B)False
Answer: True
Q2) Detective Dan has asked Paula the Prosecutor to file embezzlement charges against Eric, an employee who failed to put money from sales into the cash register.What will Paula consider
A)How much money was taken.
B)How many credible witnesses can testify about the case.
C)Whether Eric's employer wants the case to go to court.
D)All of these will be considered
Answer: D
Q3) An attorney will use re-direct examination to:
A)ask questions that he/she forgot to ask during direct examination.
B)impeach a witness.
C)conduct voir dire of an expert witness.
D)rehabilitate a witness.
Answer: D
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5
Chapter 4: Types of Evidence
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Q1) Define direct evidence and circumstantial evidence.Explain the differences between them.
Q2) When the defendant enters a plea of "Not Guilty," all facts needed to establish the crime are placed "at issue."
A)True
B)False
Q3) What testimony would be considered cumulative
A)Larry's statement that he believes what Mary said.
B)Kathy's statement that she saw the same thing Henry saw.
C)Julie and Isabel's statements that the children had numerous bruises.
D)None of these would be cumulative evidence.
Q4) The most common reason for an attorney to agree to a stipulation is:
A)save time at trial.
B)it would be hard to find a witness to testify about the fact.
C)opposing counsel could easily prove the fact.
D)the stipulation is required by law.
Q5) Relevant evidence includes any evidence that tends to prove (or disprove) a disputed fact in the case.
A)True
B)False
Page 6
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Chapter 5: Direct and Circumstantial Evidence
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Q1) Can the defense introduce evidence that Fred has previously attempted to intervene in fights on behalf of the victim
A)Yes, the defense can introduce evidence of prior acts that are relevant to the issues in this case.
B)Yes, this can be admitted as character evidence.
C)No, the defense can introduce character evidence only if the prosecution called character witnesses.
D)No, the defense can only introduce evidence directly related to the issue of whether Fred committed the crime charged.
Q2) In addition to the defense of Not Guilty by Reason of Insanity, when is the defense allowed to introduce evidence about the defendant's mental capacity
A)when defense is based on the defendant not knowing something that is obvious to most people
B)when defendant is charged with a crime that requires a specific intent
C)when the crime charged would require a person with superior mental ability
D)all of these
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Chapter 6: Witnesses
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Q1) An expert witness who frequently testifies for the prosecution but rarely for the defense can be impeached for bias.
A)True
B)False
Q2) Children under 7 are never considered competent to testify at a criminal trial.
A)True
B)False
Q3) In most states, if a psychiatrist testifies as an expert in a case where the defendant entered a plea of Not Guilty by Reason of Insanity, he/she may give:
A)professional opinion that defendant is insane.
B)description of how mental illness likely effected the defendant's behavior.
C)personal opinion that the defendant is not responsible for his/her actions.
D)all of these
Q4) What does it mean to impeach a witness To rehabilitate a witness Give three examples of impeachment and appropriate ways to rehabilitate a witness who has been impeached by the methods you describe.
Q5) Rehabilitation occurs at trial only if the witness was impeached.
A)True
B)False
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Chapter 7: Crime Scene Evidence and Experiments
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Q1) The advantage of fingerprints compared to DNA testing is:
A)processing fingerprints can be done faster than DNA samples.
B)processing fingerprints is less expensive than DNA samples.
C)there is a much larger database available for comparison of fingerprints than for DNA.
D)All of these are true
Q2) When a gun is referred to as a rifled firearm, it means:
A)it has a long barrel like a rifle.
B)it shoots ammunition specifically made for rifles.
C)its barrel has lands and groves.
D)all of these must be present for a weapon to be considered rifled
Q3) Examination of a recovered bullet produces useful information only if the gun from which it was fired has been recovered.
A)True
B)False
Q4) Crime scene sketches should:
A)be drawn to scale.
B)indicate all doors, windows, streets, etc.in the area.
C)show distance between all relevant objects in the drawing.
D)All of these should be in the sketch.
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Chapter 8: Documentary Evidence, Models, Maps, and Diagrams
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Q1) Explain the role of a forensic documents examiner in introducing documents in court.
Q2) In most cases, a three-dimensional model of the crime scene: A)would never be allowed in a criminal trial. B)would be allowed if it is done to scale. C)would be allowed only if both sides stipulated to admitting it. D)would be allowed only if the person who made it testified.
Q3) All types of documentary evidence must be authenticated prior to being admitted into evidence.
A)True
B)False
Q4) The "original" is the document itself and any copies the person making the document intended to have the same effect as the original.
A)True
B)False
Q5) The comparison of typed documents is more accurate today than it has been in the past.
A)True
B)False
Q6) Explain how the Business Records Exception to the Hearsay Rule..
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Chapter 9: Hearsay and Its Exceptions
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Q1) The Declaration Against Interest Exception to the Hearsay Rule requires that the statement be:
A)against a pecuniary interest
B)self-incriminating
C)invalidates a civil claim
D)all of these qualify for the Declaration Against Interest Exception to the Hearsay Rule
Q2) If Lewis is impeached based on prior inconsistent statements he made to the police on April 1,the day he was arrested, will the prosecution be allowed to introduce a transcript of Lewis's testimony at the preliminary hearing on April 12 to establish a prior consistent statement
A)Yes, transcripts of preliminary hearings are admissible as Former Testimony.
B)Yes, consistent statements made before trial are admissible to rehabilitate a witness.
C)No, the consistent statement must have been made before the inconsistent statement was made.
D)No, Lewis accepted immunity when he agreed to testify for the prosecution.
Q3) Explain why the Hearsay Rule was developed and why the admission of hearsay in a criminal trial may violate the defendant's Sixth Amendment rights.
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Chapter 10: Privileged Communications
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Q1) When the defense demands to know the identity of a police informant, the judge will review the evidence about the police informant:
A)at trial
B)in the judge's chambers
C)with the Grand Jury
D)with the appellate court
Q2) When the President of the United States invokes Executive Privilege, it is presumed:
A)that the President has the right to invoke the privilege
B)that the President must reveal the requested information if requested by Congress
C)that the President must reveal the requested information if requested by a federal judge
D)that the President must reveal the requested information if requested by the media
Q3) The privilege which allows the police to withhold the identity of the informant from the defense applies in all felony cases.
A)True
B)False
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Page 12
Chapter 11: Developing Law of Search and Seizure
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Q1) A "return" is filed on a search warrant only if the officers failed to execute it in the time prescribed by law.
A)True
B)False
Q2) Based on the Harmless Error Rule, a conviction will be reversed if the appellate judges are convinced:
A)there were any constitutional errors at trial
B)there is proof beyond a reasonable doubt that errors at trial were the fault of the prosecutor
C)there is proof beyond a reasonable doubt that the errors at trial were the fault of the defense
D)there is proof beyond a reasonable doubt that the errors at trial influenced the jury's verdict
Q3) Anonymous information cannot be used to obtain a warrant.
A)True
B)False
Q4) Search warrants are issued by the prosecutor.
A)True
B)False
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Chapter 12: Field Interviews, Arrests, and Jail Searches
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Q1) A "citizen's arrest" can be made by anyone who observed a misdemeanor being committed.
A)True
B)False
Q2) Police officers may use force only if it is reasonable based on how the circumstances would appear to a reasonable person.
A)True
B)False
Q3) Miranda warnings are required prior to questioning a suspect in the field.
A)True
B)False
Q4) Explain a police officer's right to detain someone for questioning when the officer does not have probable cause to arrest the person and the person will not consent to the detention.Is the officer allowed to use a gun under these circumstances Explain.
Q5) If police officers shoot at non-violent fleeing suspects, they are violating the Fourth Amendment.
A)True B)False
Q6) Explain the Fourth Amendment standard for the use of force.
Page 14
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Chapter 13: Plain View, Consent, Vehicles, and Administrative Searches
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Q1) A warrantless search of a vehicle based on probable cause:
A)is only permitted if there is an emergency that makes it impossible to obtain a search warrant before the car leaves the jurisdiction.
B)must be done at the scene immediately after the vehicle is detained.
C)can be done after the car is impounded.
D)is not allowed without a search warrant.
Q2) Police departments are allowed to set up roadblocks to check cars for illegal drugs.
A)True
B)False
Q3) Consent given by a person with apparent authority over the area to be searched is valid.
A)True
B)False
Q4) Explain the rules for consent searches.
Q5) If a car is legally impounded, the police may inventory its contents.
A)True
B)False
Q6) Explain the Plain View Doctrine and distinguish it from the Open Fields Doctrine.
Page 15
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Chapter 14: Usa Patriot Act, Foreign Intelligence, and Other Electronic Surveillance
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Q1) Installing a GPS tracking device on the outside of a car in order to determine where it has traveled without keeping it under visual surveillance violates the driver's reasonable expectation of privacy.
A)True
B)False
Q2) If a FBI agent wants to obtain a warrant under the Wiretap Act of 1968, who must review the application before it is given to the judge
A)Director of the FBI
B)Senior member of U S Attorney General's staff specifically designated by the Attorney General
C)Vice President of United States
D)National Security Advisor
Q3) A Foreign Intelligence Surveillance Act (FISA) warrant can authorize seizure of physical items.
A)True
B)False
Q4) Why was the Wiretap Act of 1968 enacted What type of activities is it designed to control What procedures did it establish
Page 16
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Chapter 15: Self-Incrimination
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Q1) List three situations in which the Supreme Court allows the police to question a suspect more than once.Which of these, if any, do you think follows the spirit of the original Miranda decision
Q2) If a suspect invokes the Miranda right to remain silent during custodial interrogation:
A)Police may not question the person again without an attorney present
B)Police must stop questioning, but may return several hours later and ask the suspect to waive his/her rights
C)Police must stop questioning immediately, but may resume questioning later as long as no coercion is used
D)Police may not question the suspect further about the crime that was being discussed when he/she invoked Miranda but may ask questions about other crimes
Q3) In which of the following situations can a person successfully invoke the Fifth Amendment as a reason not to cooperate:
A)Blood alcohol test
B)Participating in a line-up
C)Providing a handwriting exemplar
D)None of these can be refused based on the Fifth Amendment
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Page 17
Chapter 16: Identification Procedures
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Q1) A lineup violates Due Process if:
A)It is held while the suspect is unconstitutionally detained
B)The suspect is denied his/her right to counsel
C)The procedure is conducted in a manner that is unduly suggestive
D)All of these would violate Due Process
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) Define showup, lineup and photographic lineup. Indicate what level of proof the police must have to detain someone to participate in each.
Q4) Lineups must be done under conditions (such as lighting) that replicate what the witness saw at the crime scene.
A)True
B)False
Q5) Explain the Due Process standards that apply to showups, lineups and photographic lineups.
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Chapter 17: Preparing the Case for Court
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Q1) 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
Q2) Officers should not talk to jurors outside the courtroom.
A)True
B)False
Q3) If the police want to talk to the defendant between the arraignment and the trial they:
A)may question the defendant as long as it is not done at the police station.
B)must have the prosecutor present during any contact with the defendant.
C)must call the defense attorney and arrange for a meeting with the defendant.
D)should contact the prosecutor and ask the prosecutor to contact the defense attorney.
Q4) An officer should show his/her true feelings toward the defendant during trial.
A)True
B)False
Q5) Explain the proper way officers should interact with jurors at the courthouse.
Page 19
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