Evidence Midterm

How many of the Supreme Court justices must agree if they are to issue a majority opinion?

5

A defendant's right to cross-examine witnesses is extended to the defendant by:

6th amendment

Evidence that the defendant possesses the specialized ability to commit the crime is:

Admissible to demonstrate that that defendant has the skills necessary to commit the crime

When would a motion to suppress be filed?

After the preliminary hearing

If charged by the grand jury, the charging document is:

An indictment A true bill

If the appellate court finds that an error occurred at the trial court level, but is not convinced that the error influenced the jury's guilty verdict, the court would declare the error:

Automatic reversal

If on appeal a defendant successfully establishes that the judge in his trial was biased, his or her appeal would be successful based on the:

Automatic reversal rule

_____________ is used to answer the question: Was this particular bullet fired from this particular firearm?"

Ballistics analysis

____________ is a relationship between a party and a witness that might lead the witness to slant, unconsciously or otherwise, his or her testimony in favor of or against a party.

Bias

The prosecution's burden of proving the guilt of the defendant beyond a moral certainty is known as:

Burden of Proof

An individuals' general tendencies, such as honesty or violence, are:

Character

Which of the following is not an example of a post-traumatic stress disorder?

Child sexual abuse accommodation

Areas commonly testified to at trial by expert witnesses include:

DNA Evidence

A criminal conviction may be based on what type of evidence?

Direct and circumstantial

The determination of guilt or innocence may be based on:

Direct and circumstantial evidence

Which statement most accurately reflects the current view on convicted felons testifying as a witness in a criminal trial?

Disqualification to testify as a witness solely because of a felony conviction has been abolished under the Federal Rules of Evidence.

In most instances, a witness is impeached:

During cross-examination by the attorney for the opposing party

The origins of law in the United States can be traced to:

England

The intentional exclusion of jurors because of their race, ethnicity, gender, or religion is prohibited by:

Equal Protection Clause of the 14th Amendment

Under the rape shield laws:

Evidence of the victim's past sexual activity with the defendant is admissible as evidence of consent

Contents of an opening statement are considered to be evidence.

False

In a criminal trial, the judge is always the law giver and not the fact finder.

False

In order for a case to be heard by the U.S. Supreme Court, at least five of the justices must agree to hear the case.

False

A state Supreme Court has final word on all of the following except

Federal laws that impact state residents

Which of the following statement is true about fingerprints?

Fingerprints are taken as a regular part of the booking process.

Which of the following is circumstantial evidence that raises the inference that the defendant is guilty?

Flight to avoid incarceration following a conviction

__________ is specific behavior that is repeated over and over again when confronted with a specific situation.

Habit

If a case is heard en banc, the case is:

Heard by all of the judges in the circuit

All of the following are admissible as prior inconsistent statements, except:

Invocation of one's Fifth Amendment right to silence under Miranda as inconsistent with a claim of innocence at trial

A defense attorney may delay making his or her opening statement until after the prosecution has presented its case because:

It allows the defense to tailor its argument to the prosecution's case. It allows the defense to delay revealing its defenses to the charges.

motion in limine

It is filed in the pretrial stages. It is filed to request that the court exclude evidence from the trial. It is filed to obtain permission to introduce an item of evidence into a trial.

In what case, decided in 1803, did the U.S. Supreme Court claim the authority to judicial review?

Marbury v. Madison

Co-defendants are typically tried together. What legal action would be taken to ask the court to try each one separately?

Motion for severance

6. What was the centralized fingerprint file established by the FBI in 1924 formally named?

National Crime Information Center

Evidence of prior criminal acts is generally:

Not admissible

The two primary ways for a case to reach the Supreme Court are:

Original jurisdiction and writ of certiorari

Whether a material fact is more probable with the evidence than without the evidence is the test for:

Probative value

In determining which version of the evidence to believe, jurors evaluate:

The credibility of the evidence The believability of the evidence The demeanor of the witnesses

All of the following are examples of circumstantial evidence of a person's mental incapacity to commit a crime, except:

The defendant claiming he was an alien

An example of circumstantial evidence of an inference of consciousness of a person's guilt is:

The defendant destroyed the clothing that he was wearing on the day of the murder

The validity of less well-established tests is established through expert testimony on voir dire and would require all of the following, except:

The expert witness must testify to the chain of custody of the evidence being tested.

Probable Cause to hold the defendant to answer to the charges is established at:

The preliminary hearing

What important constitutional right was brought into question following the trial and conviction of the "Scottsboro Boys"?

The right to an attorney

A goal of chain of custody is:

To demonstrate the item is the same item seized by the police To demonstrate the item is in substantially the same condition as when it was seized by the police

One goal of chain of custody is to demonstrate that the item being introduced is the same item seized by the police.

True

Real evidence may be authenticated by a witness's testimony without establishing a chain of custody if the evidence has distinctive characteristics.

True

he party calling an expert witness is required to lay the foundation for the witness to testify.

True

Which of the following statements is correct regarding Daubert?

Under Daubert, the judge, not the scientific community, is the gatekeeper of scientific evidence.

The Frye test:

Was established by the Court to provide guidelines in determining the reliability of an expert's scientific expertise.

Character evidence is admissible:

When character is an essential element of the crime

Which of the following constitutes evidence?

Writings, Testimony, Material Objects

Which of the following items may be used to refresh a witness's memory?

a document

The jury, as the triers of fact, has difficult tasks, including:

a. Deciding which of two conflicting stories to believe b. Avoiding being influenced by their own personal emotions or biases

Limitations on the introduction of character evidence into a trial are rooted in concerns that character evidence:

a. Diverts attention from the criminal trial b. Creates a risk of prejudice

During a sentencing hearing the defendant:

a. Does not have to speak on his own behalf b. Has the right to legal counsel c. Has the opportunity to speak on his own behalf

A witness's _______________ can be brought out on cross-examination and evaluated by the jury when weighing the evidence presented.

accuracy believability credibility

A(n) ____________ is a solemn undertaking to tell the truth without reference to God.

affirmation

Evidence that is relevant and material and admissible is the definition of:

competent evidence

What are the two categories of presumptions?

conclusive and rebuttable

A judge may be called to testify as a witness in a trial the judge is presiding over.

false

A person who testifies to any event relevant to the case is called:

lay witness

A(n) ___________ involves swearing to God to tell the truth.

oath

An item is deemed ___________ if it assists in proving or disproving a fact of consequence.

probative

The burden of __________ is the burden on the prosecutor of moving a case forward through the presentation of evidence.

production

Trial evidence is divided into two types: testimonial and __________.

real

Areas where a judge, applying the Federal Rules of Evidence, would customarily admit lay opinion include:

smell

Circumstantial evidence of ability to commit a crime includes evidence of all of the following, except:

the motive to commit the crime

Federal circuit court of appeals sit in ____-judge panels.

three

Circumstantial evidence may be used to establish criminal intent as well as a criminal act.

true

The United States Constitution provides a system of checks and balances to ensure that no branch of government will become all powerful.

true