AOJ 202 [Chapters 1-6]

In 1975, Congress enacted the ________, which had great influence on state rules of evidence. * National Standards of Evidence * Federal Code of Criminal Evidence * National Rules of Evidence * Federal Rules of Evidence

Federal Rules of Evidence

The privilege against self-incrimination is found in the _____ Amendment

Fifth

Which of the following is not needed to qualify a witness to testify? * Personal knowledge of the defendant's actions regarding the crime charged * Personal knowledge of a particular fact or set of facts * Ability to effectively communicate the fact(s) known * Comprehension of the oath given before taking the witness stand

Personal knowledge of the defendant's actions regarding the crime charged

Which of the following terms is defined as a court proceeding in which a judge decides whether there is enough evidence that an accused person committed a crime to hold that person for trial? * Jurisdiction * Preliminary hearing * Grand jury indictment * Arraignment

Preliminary hearing

A criminal defendant's right to compel the appearance of witnesses at trial is found in the _____ Amendment.

Sixth

A criminal defendant's right to confront and cross-examine witnesses is found in the _____ Amendment

Sixth

Which of the following best describes corpus delicti?

The requirement that the prosecution present sufficient evidence to establish that a crime was committed by someone.

The Sixth Amendment to the United States Constitution prescribes: * a minimum of 12 jury members. * trial without a jury. * a jury of 6 for capital crimes. * state and local governments. * no set number for a jury.

a minimum of 12 jury members.

The motion that excludes a prospective juror from the jury panel without specific reason or justification is called _______. * a peremptory challenge * jury nullification * jury deliberation * an affirmative defense

a peremptory challenge

When a grand jury charges a crime, it does so by issuing: * a subpoena. * an indictment. * an information. * an affidavit.

an indictment.

In a typical conditional plea, the defendant pleads guilty but reserves the right to _____.

appeal certain issues

In an Alford plea, the defendant pleads guilty while _____.

asserting his or her innocence

A person can assert the privilege against self-incrimination

at any judicial proceeding

The oldest confidential communication privilege known to the common law was the _____ privilege

attorney-client

The prosecution has to prove the defendant's guilt _____

beyond a reasonable doubt

A subpoena duces tecum is a subpoena that orders the person to _____,

bring certain items or records with them to court

The rules of evidence _____. * specify the punishment for crimes * dictate who can be selected for jury duty * require that all defendants have access to habeas corpus * determine what information will be available to the judge or jury at trial

determine what information will be available to the judge or jury at trial

In Holland v. U.S. (1954), the U.S. Supreme Court upheld an income tax evasion conviction on the basis of circumstantial evidence in the form of _____.

the net worth method

Proof is demonstrated by _______________.

evidence

Any evidence that tends to prove the innocence of an accused is called ______. * exculpatory evidence * inculpatory evidence * anecdotal evidence * contradictory evidence

exculpatory evidence

In general, only _____ witnesses may testify as to their opinions or conclusions.

expert

In terms of procedure, _____.

felony and misdemeanor cases have exactly the same procedures

In the U.S., the overwhelming majority of persons charged with felonies ultimately will plead _____.

guilty

In general, to be deemed a competent witness, the witness must _____.

have personal knowledge of the matters

Judicial notice is permitted ____.

in all jurisdictions

Circumstantial evidence is evidence that proves a fact in issue _____.

indirectly or by inference

In considering whether children are competent to testify, age _____.

is important but not determinative

Competent evidence is reliable, relevant evidence that ____. * is not excluded by additional rules of evidence * is subject to the exclusionary rule * cannot be heard by the jury * if offered to impeach a witness

is not excluded by additional rules of evidence

The marital privilege

is recognized in all jurisdictions

It has been held that courts should not take ______ of facts that are an element of the crime charged or serve as the basis for increased prison sentences

judicial notice

The oldest application of judicial notice is for ____.

matters generally known within the community or state

In court, information that the defendant has committed similar crimes in the past _____.

may be admissible under some circumstances

Defendants who decide to testify at their trial _____.

may be cross-examined

Evidence of flight from the scene of a crime is _____.

never sufficient by itself to establish guilt

Another term for a no contest plea is a plea of _____.

nolo contendere

If a defendant refuses to enter a plea, the court will enter a plea of _____.

not guilty

To be deemed a competent witness, the witness must have the capacity to _____.

observe, remember, narrate, and understand the obligation to be truthful

The attorney-client privilege does not apply when the client informs the attorney of _______.

planned crimes

In our adversary system of justice, the defense and prosecution _____. * cooperate to see that justice is done * readily share evidence and information * present their best case and challenge the opponent's case * rarely challenge the admissibility of the opponent's evidence

present their best case and challenge the opponent's case

Adult witnesses are _____.

presumed competent

The burden of proof is actually two burdens: the burden of _____ and the burden of _____.

production; persuasion

The primary purpose of judicial notice is to _____.

save time and effort

Most crimes committed in the U.S. are ______. * state crimes * federal crimes * a combination of state and federal crimes * a combination of federal and international crimes

state crimes

People can assert the privilege against self-incrimination only for _______ evidence.

testimonial or communicative

After arrest, the prosecutor files a charge against the defendant if the prosecutor is satisfied that: * the defendant is a known criminal. * the evidence is sufficient to support the charge. * the defendant does not have an alibi. * the case is not worthy of prosecution.

the evidence is sufficient to support the charge.

An indictment is a formal criminal charge issued by the _____.

the grand jury

Children may testify only if _____.

the judge allows them to testify after the child is questioned (voir dire)

An officer possessing probable cause may arrest the suspect without a warrant, unless: * the suspect is in his or her home. * the suspect can provide a reasonable explanation. * the suspect is in a public place. * the suspect invokes his or her Miranda rights.

the suspect is in his or her home.

Evidence consists of the materials presented to the trier of fact _____.

to convince them of the existence of a fact

The process of questioning a panel of prospective jurors to select the final panel is known as _______. * voir dire * stare decisis * corpus delicti * habeas corpus

voir dire

If a defendant wants to plead guilty, the defendant must _____.

waive a number of rights

Direct evidence is evidence that proves a fact _____.

without the need of inferences or presumptions

At the _____, the defendant will enter a formal plea to the charges.

​arraignment

In states that do not use grand juries, a case can begin with the filing of a(n) _____.

​information

Circumstantial evidence frequently takes the form of showing that the defendant had means, opportunity, and _____.

​motive