Criminal Trial Evidence Final

A statement for the purpose of medical diagnosis or treatment is only admissible if it is made by the patient to the doctor, not vice versa.

True

A vigorous examination of a witness may lead to evidence which the questioning attorney did not anticipate or desire to offer into the record.

True

A witness is generally not permitted to testify unless an oath is taken.

True

A witness is required to answer the question asked of him, and not to provide information which the question does not call for.

True

A witness providing authentication testimony must be competent based on firsthand knowledge of the evidence.

True

A witness who has been impeached by another witness's testimony can be rehabilitated through the impeachment of the second witness.

True

An attorney impeaching a witness based on prior inconsistent statements testified to by another witness can do so only if the impeach witness is given a chance to explain the inconsistency.

True

An expert witness's opinion must be based on education, training, skill or knowledge in the specific field to which the evidence relates.

True

Appellate courts determine whether errors were made by the trial judge that affected the outcome of the case.

True

Attorneys can disclose confidential information in order to protect themselves from the clients' claims of malpractice or unethical conduct.

True

Authentication is required for all real evidence, regardless of type.

True

Calling a person's phone number is no guarantee that the person answering the phone is the person who was called.

True

Competent testimony must be based on first-hand knowledge.

True

Credibility is a matter for a jury to decide based on the reasonableness, consistency, and demeanor of the witnesses.

True

Cumulative evidence that simply repeats what other evidence proves can be excluded in order to avoid a waste of the court's time.

True

Direct evidence is stronger proof of a fact than circumstantial evidence.

True

Every element of a crime must be proven in order to find a defendant guilty.

True

Every stage of examination of a witness must be limited to the scope of the preceding stage.

True

Evidence of prior criminal acts is admissible to show that a defendant had motive, opportunity, or knowledge that made it possible to commit the crime, but not that the defendant's character was in line with the crime he/she is accused of.

True

Evidence that is hearsay or privileged will be excluded from the record even though it is relevant.

True

Evidence that is inadmissible cannot be shown to the jury at all.

True

Evidence that relates to the credibility of a witness is relevant even if it has no bearing on the defendant's guilt.

True

Evidence that will unfairly affect a jury's feelings toward the defendant may be excluded even if it is relevant.

True

Federal Rules of Evidence are divided into sections called "Articles".

True

Generally, a stop will last for a limited time, until the officer either establishes probable cause for an arrest or releases the suspect.

True

If a hearsay statement itself contains hearsay, then both hearsay statements will have to meet the requirements of admissible hearsay for the entire statement to be admissible.

True

If a judge feels that a discussion on an objection should take place outside the jury's hearing, he/she may require a sidebar.

True

If an appellate court decides that evidence was excluded at trial that would have changed the outcome of the trial, it can take steps to correct that error.

True

If an appellate court reverses a decision on appeal, it will often remand the case to the trial court for further proceedings.

True

Impeaching a witness based on the opinion of another witness requires the jury to find the impeaching witness credible.

True

In criminal cases, a defendant can be sequestered with other witnesses if he/she is planning on taking the stand.

True

In most states, the physician-patient privilege applies to all information learned by a physician while treating a patient, not only communications by the patient him/herself.

True

Just because a defendant follows a routine doesn't mean that he will follow it all the time, so evidence of a defendant's routine is not admissible to prove specific acts were committed in accordance with that routine.

True

No probable cause is needed to search a field that stands away from the owner's house and is not fenced in.

True

Once consent has been given to search, the question of probable cause is no longer relevant to the constitutional validity of the search.

True

Only discussions that lead to a plea of guilty that is not later withdrawn can be used as evidence.

True

Only harm which is specified in the criminal statue will make the defendant guilty of that crime.

True

Peremptory objections give the parties a chance to tailor the jury.

True

Public records are excepted from the Hearsay Rule so long as they are kept in a public office.

True

Testimony is more likely to be influenced by bias and prejudice than real evidence.

True

The authentication of a public record merely requires proof that the record was maintained in a public office.

True

The burden of authenticating evidence is on the party offering it.

True

The clergyman-communicant privilege usually only applies where the clergyman is ordained.

True

The competence of a character witness must be established by showing that the witness is familiar enough with the person whose character is at issue, or his/her reputation, as to allow him to testify based on personal knowledge.

True

The factors of admissibility are those a judge must apply in order to determine whether evidence is admissible.

True

The federal court system has the same basic court structure as most state courts.

True

The former testimony exception under Rule 804 is intended to allow sworn testimony to substitute for in-court testimony where a witness cannot be found at the time of trial.

True

The inadmissibility of cumulative evidence is more a concern of wasting time than improperly affecting the jury's verdict.

True

The only difference between the present sense impression and then-existing mental, emotional, or physical condition exceptions under Rule 803 is the nature of what the declarant is perceiving when the statement is made.

True

The prejudicial effect of evidence is less important where the evidence has a high probative value.

True

There may be many reasons why the demeanor of a witness would be nervous or anxious other than that the witness is lying.

True

To get a warrant, the police officer must already have enough evidence to provide probable cause that a crime was committed or that evidence of a crime is in a certain location.

True

Trial judges make decisions on the admissibility of evidence.

True

Under the Fourth Amendment, both searches and seizures are prohibited only when they are "unreasonable."

True

While the parties may demand a mistrial or corrective instruction, only the trial judge may decide if it is necessary.

True

Opening statements must not make any appeal to the emotions of the jury.

False

Prejudicial evidence is always admissible.

False

Proving that harm wouldn't have occurred if the defendant hadn't committed the criminal act is enough to prove that the defendant caused the harm.

False

The best way to authenticate real evidence is with expert testimony.

False

The defendant is permitted to cross-examine witnesses during the prosecutor's case-in-chief but is not allowed to object to the testimony of those witnesses.

False

The spousal testimonial privilege cannot be waived by either spouse.

False

There is no right to appeal in states without intermediate appellate courts.

False

Trial courts never hear appeals from any other level of court.

False

When they take place in civil cases, offers of compromise and settlement have no relevance in a criminal case.

False

A defendant can commit a crime recklessly even if he had no idea his actions might be harmful to anyone.

False

A defendant who commits a crime in one state cannot be prosecuted for that same criminal act in any other state or in federal court.

False

A dying declaration applies to anything said by someone who believes his own death is imminent.

False

A harmless error will result in a reversal on appeal.

False

A judge does not have to admit evidence even if it meets all of the legal requirements for admissibility.

False

A mistrial is the best and most common remedy for unfair prejudice.

False

A person may commit a crime to protect himself from harm, but never to protect someone else.

False

A police officer can ask for a search warrant even if he is not sure exactly where the search will take place.

False

A self-authenticating document still needs a competent witness to testify about its authenticity.

False

A sworn statement to police during the investigation of a crime is not considered "out of court" for purposes of applying the hearsay rule.

False

A voir dire is only required for witnesses who are very young.

False

An arrest can take place based upon a mere suspicion that the defendant has engaged in criminal activity.

False

Any statement made by someone who is not testifying under oath at the time the statement is made is considered hearsay.

False

Any witness who is unable to understand or speak English will not be able to testify in an American court.

False

As long as the actus reus and mens rea of a crime are proven, a defendant can be found guilty even if all of the conditions of the crime are not proven.

False

Both the defendant and the prosecution have the same duty to disclose evidence before a criminal trial.

False

Evidence of a person's character is generally admissible to prove that his/her criminal acts were in accordance with that character.

False

Generally, appellate courts can hear evidence that was not brought before the trial court.

False

Hostile witnesses are unlikely to provide any useful information in a case.

False

If a court takes judicial notice of a fact, the jury can still refuse to accept it as true.

False

If a prejudicial error occurs, that error does not need to be objected in order to raise it on appeal.

False

If a witness is in a privileged relationship, it doesn't matter what communication the witness is being asked to disclose, because they are all inadmissible.

False

If testimony is relevant, then it is admissible whether or not it is competent.

False

In order to prove intent, it is necessary for the defendant to admit that he had a conscious purpose in committing the crime.

False

Knowing how a document was created is not relevant to proof of its authenticity.

False

A privilege is intended to protect a relationship between the witness and another person.

True

"Conditions" are elements that exist apart from anything the defendant does or is thinking at the time the crime is committed.

True

A crime of possession can occur even if the defendant is not actually in possession of the contraband.

True

A criminal statute is void for vagueness if it fails to clearly define the action that is prohibited.

True

A document can be authenticated based on a business letterhead or logo.

True

A duplicate can often be used in a place of an original under the Best Evidence Rule exception.

True

A justification is a defense that claims that the defendant's actions were the right thing to do under the circumstances.

True

A lay witness would be qualified to testify about the speed of a car.

True

A motion to suppress is often based on a constitutional violation that occurred during evidence gathering.

True

A nod of the head can be a "statement" under the Hearsay Rule.

True

A party offering evidence is responsible to justify its admissibility if challenged.

True