Quiz 22: trial process

According to the textbook, for a law enforcement witness, what is the first step in preparation for testifying in court?

Ensure that all investigative leads were followed and all avenues explored. Ensure that a complete investigation was conducted. Review all notes, reports, electronic recordings, and physical evidence prior to testifying.

Which of the following statements is true about direct evidence?

It is based on the firsthand knowledge of a witness regarding the guilt of the defendant.

What is the first rule of evidence?

Keep a jury from hearing or seeing improper evidence.

Once questioning of potential jurors has been completed, what is the challenge that may be used for any reason, except race or gender, to excuse a prospective juror?

Peremptory challenge

Which of the following statement(s) about Crawford v. Washington (2004) is/are correct?

Some hearsay evidence, that which contains "testimonial" statements, is inadmissible in a criminal prosecution if the original declarant is unavailable to testify. With this decision, the Court unraveled many years of judicial precedents that justified many of the exceptions on the basis of trustworthiness and reliability. In the years since the Crawford decision, many federal and state cases have been decided and many of the decision have conflicted with each other.

Which of the following statements is true about probable cause?

The fact that probable cause exists does not require an arrest to be made at that moment.

Which of the following should an investigator ponder prior to making an arrest?

What is the potential danger to others if the suspect is allowed to remain free? What hardships will be imposed on the suspect by early incarceration? Is the suspect likely to flee if left in the community?

_____ is the essence of the rules of evidence.

admissibility

At what point in the trial process does the judge have the responsibility of instructing the jury on the law applicable to the case and of advising the jury of its responsibilities?

after closing statements

An individual who testifies in court and who possesses special skills or knowledge not ordinarily possessed by others, acquired through experience, study, observation, or education and who is permitted to interpret such information for the jury, give opinions, and draw conclusions is called _____.

an expert witness

The most important characteristic of a good witness is to _____.

be prepared

In a criminal trial, the requirement that the prosecution establish the defendant's guilt beyond, and to the exclusion of, every reasonable doubt is referred to as _____.

burden of proof

A(n) _____ is an acknowledgment by a person accused of a crime that he/she is guilty of that crime.

confession

A combination of all the elements of a crime is referred to as _____.

corpus delicti

In the context of a trial, which of the following terms is defined as the questioning of a witness who was initially called by the opposing party?

cross-examination

Who carries the burden of going forward with evidence in a trial?

defense

There are five types of evidence identified in the textbook. Which type introduces tangible objects even though they are not identical to real evidence?

demonstrative evidence

While the prosecution is presenting its case, the questioning of witnesses it calls to testify on behalf of the prosecution is called _____.

direct examination

Which of the following is a reason why hearsay evidence is inadmissible?

it is unreliable and untrustworthy

Which of the following terms is defined as an evidentiary shortcut whereby the necessity of formally proving the truth of a particular matter is eliminated when that truth is not in dispute?

judicial notice

In the event that a witness cannot remember the facts of the case but used notes or reports as the sole basis of testimony without any independent recall, the term applied is:

past recollection recorded

In the context of a trial, which of the following terms is defined as the re-questioning of a witness initially called by the opposing party?

re-cross examination

After the defense rests its case, the prosecution has an opportunity for _____.

rebuttal

Regarding the proper clothing to wear while testifying in court, all authorities agree that:

regardless of what is worn it should be neat and clean.

A command to an individual to appear in court and to bring certain records or documents in his or her possession is called a _____.

subpoena duces tecum