CRJ 126 final

Under federal law, which of the following statements is correct? a) A child is presumed to be competent. b) The court must conduct a competency examination on any witness under the age of 10. c) All of these are correct. d) The child's age alone is a compelling reason to conduct a competency hearing.

A child is presumed to be competent

Which of the following statements is true? a) A conclusive presumption permits but does not require the jury to infer the presumed fact from the basic fact. b) For a rebuttable presumption, the judge instructs the jurors that, if they believe the basic fact, they are required to accept the presumed fact. c) For a conclusive presumption, the judge instructs the jury that, if they believe the basic fact has been established, they are not required to accept that proof of the basic fact establishes the presumed fact. d) A conclusive presumption requires that proof of a basic fact establishes the presumed fact.

A conclusive presumption requires that proof of a basic fact establishes the presumed fact.

A criminal conviction may be based on what type of evidence? a) Circumstantial evidence b) A criminal conviction may be based on all of these. c) A combination of direct and circumstantial evidence d) Direct evidence

A criminal conviction may be based on all of these.

A person who testifies to any event relevant to the case is called: a) An expert witness b) An interested witness c) A lay witness d) A party witness

A lay witness

Under common law, which of the following statements is true about John, testifying as a lay witness, offering his opinion about the defendant's demeanor at the crime scene? a) A lay witness's opinion had to have a scientific or technical basis to support the testimony. b) The testimony of a lay witness could be a combination of facts and opinions. c) A lay witness was prohibited from offering opinions. d) A lay witness could offer an opinion once the party offering the witness laid a proper foundation for the opinion

A lay witness was prohibited from offering opinions.

_____________ is a voluntary agreement between opposing parties in a trial to accept a fact as true for the purpose of trial. a) A stipulation b) Finding of guilt c) Judicial notice d) A presumption

A stipulation

Which of the following statements is correct? a) An attorney who fails to object to a judge's testimony during the trial is barred from raising the issue on appeal. b) Federal Rule 605 permits a judge to testify at a trial that he or she is presiding over if he or she is a material witness to the crime. c) According to the Code of Conduct for U.S. Judges, if a judge knows ahead of time that he or she may be a witness, he or she should recuse himself or herself before the trial. d) All of these statements are correct.

According to the Code of Conduct for U.S. Judges, if a judge knows ahead of time that he or she may be a witness, he or she should recuse himself or herself before the trial.

Evidence that the defendant possesses the specialized ability to commit the crime is: a) Admissible to demonstrate that the defendant has the skills necessary to commit the crime. b) Inadmissible because the probative value is outweighed by the prejudicial impact it would have. c) Inadmissible at his trial. d) Admissible as direct evidence.

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

A witness's ______________ can be brought out on cross-examination and evaluated by the jury when weighing the evidence presented. a) believability b) credibility c) All of these. d) accuracy

All of these

An example of an item requiring a demonstration of chain of custody is: a) Blood samples b) Items of clothing c) Narcotics d) All of these

All of these

Areas commonly testified to at trial by expert witnesses include: a) DNA evidence b) The common practices of drug traffickers. c) All of these d) The organization of gangs

All of these

Areas where a judge, applying the Federal Rules of Evidence, would customarily admit lay opinion include: a) Smell b) All of these c) Conduct d) Physical condition

All of these

Challenges that can be raised when an opposing party attempts to introduce a photograph into evidence include: a) That the photograph was taken in a manner that distorts the scene. b) That the photograph is overly prejudicial. c) All of these. d) That the photograph was taken recently and not close in time to the event.

All of these

Expert witnesses are witnesses who qualify by: a) Knowledge or education b) Training or skill c) All of these d) Experience

All of these

Habit is: a) Continuous b) Routine c) Specific d) All of these.

All of these

In addition to at least one federal judicial district in each state, federal judicial districts can also be found in: a) Puerto Rico b) All of these. c) Guam d) the Northern Mariana Islands

All of these

In determining which version of the evidence to believe, jurors evaluate: a) The believability of the evidence. b) The demeanor of the witness c) All of these d) The credibility of the evidence.

All of these

Specific dangers that impact the admissibility of relevant evidence include: a) All of these b) Misleading the jury c) Confusion d) Unfair prejudice

All of these

States that permit hypnotically refreshed evidence generally require which of the following? a) All of these. b) Videotaping of the hypnosis c) Detailed records d) The examination by a qualified hypnotist

All of these

The Federal Rules of Evidence limit the introduction of character evidence at trial because: a) Creates a risk of prejudice. b) All of these c) Character evidence diverts attention from the criminal charge. d) Wastes time.

All of these

The determination of guilt or innocence may be based on: a) Circumstantial evidence b) Direct evidence c) All of these d) A combination of direct and circumstantial evidence

All of these

Which of the following are reasons why a document must be authenticated? a) To ensure that a document introduced at trial meets a minimum standard of reliability. b) To establish that a document does, in fact, exist. c) To ensure that a document introduced at trial is not a forgery. d) All of these.

All of these

Which of the following is circumstantial evidence that raises the inference that the defendant is guilty? a) Flight to avoid trial. b) Flight to avoid arrest or prosecution. c) Flight to avoid incarceration following a conviction. d) All of these.

All of these

Which of the following represents how DNA can be used in a criminal case? a) All of these. b) DNA can connect a person to a criminal act. c) DNA can be used to establish a person's guilt or innocence. d) DNA can be used to exclude a person as a suspect.

All of these

Which of the following statements is true about past recollection recorded? a) Under the Federal Rules of Evidence, the statement is embodied in a memorandum, report, or compilation of data. b) In some jurisdictions, the document must have been drafted by the witness. c) Under the Federal Rules of Evidence, the documents were prepared or adopted by the witness at a time when the matter was fresh in the witness's memory. d) All of these.

All of these

A lay witness differs from an expert witness in that: a) An expert witness's testimony is based on scientific, technical, or other specialized knowledge whereas a lay person's testimony is based on information obtained for one of his or her five senses. b) All of these are correct c) An expert witness provides testimony to explain things that the jury otherwise could not understand whereas a lay witness's testimony is limited to what he or she witnessed with one of his or her senses. d) An expert witness must qualify as an expert in order to testify whereas a lay person only needs to observe an event

All of these are correct

State statues specify that an individual may not be prevented from testifying because he or she has been ___________ of a crime. a) accused B) All of these are correct. C) convicted D) indicted

All of these are correct

The U.S. Supreme Court has upheld the constitutionality of implied consent laws that provide that individuals who obtain a driver's license implied consent to the administration of ________________ to determine their blood alcohol content. a) All of these are correct b) a breathalyzer c) a blood test d) a urine test

All of these are correct

Which of the following statements represent federal law provisions designed to balance the need to protect the child against the defendant's right to confront his or her accuser? a) A court has the authority to exclude from the courtroom individuals who do not have an interest in the case. b) A child-witness is allowed to testify by two-way closed-circuit television. c) All of these are correct. d) A court can permit a child to give a videotaped testimony.

All of these are correct

Which of the following best represents the common law regarding opinion testimony? a) All of these are correct. b) Forming an opinion is the duty of the jury, not a witness. c) Testimony was limited to facts perceived by the witness through one or more of the five senses. d) Opinion testimony created a risk that opinion evidence would complicate the process of reaching a conclusion for the jurors.

All of these are correct.

Which of the following is an acronym for an alcohol related driving offense? a) DUBAL b) DWI c) DUI d) All of these are correct.

All of these are correct.

Which of the following represents a query that would be made made when trying to get scientific evidence admitted under Daubert? a) Has the technique been tested? b) All of these are correct. c) What is the error rate of the methodology? d) Has the technique been examined by peer review and published in professional journals?

All of these are correct.

Which of the following statement(s) is/are true about fingerprints? a) Fingerprints are protected by the Fifth Amendment right against self-incrimination. b) Fingerprints are taken as a regular part of the booking process. c) All of these are correct. d) An individual has a constitutional right to refuse to submit to fingerprinting at booking.

All of these are correct.

Which of the following is not usually listed by commentators as a form of impeachment a) Character for untruthfulness b) Bias c) All of these are forms of impeachment. d) Sensory defect

All of these are forms of impeachment.

Which of the following is not a reason to exclude evidence under Rule 403? a) Evidence may be excluded if it is repetitive. b) Evidence may be excluded if the evidence might confuse the jury. c) Evidence may be excluded to encourage the efficient presentation of evidence. d) All of these are reasons evidence may be excluded under Rule 403

All of these are reasons evidence may be excluded under Rule 403

In United States v. Bloome, the federal court held that the competence of a witness depends on which of the following? a) The witness's capacity to understand the duty an oath imposes on a person to tell the truth. b) The witness's capacity to ob serve, to remember, and to communicate what he or she will testify to. c) All of these are required. d) The witness's capacity to understand the nature of an oath.

All of these are required

Which of the following statements is true about authentication of evidence? a) The burden of authentication lies on the party offering the item of evidence. b) All of these are true. c) Laying a foundation for real evidence requires authentication of the evidence. d) Authentication involves demonstrating that the evidence is what it claims to be.

All of these are true

Which of the following would be considered a fact witness. a) A person who overheard the defendant making statements about his or her involvement in the crime. b) A person who saw the crime as it was happening. c) A person who witnessed the defendant leaving the crime scene. d) All of these.

All of these.

__________ is an inference from the perceived facts. a) A deduction b) A theory c) An opinion d) A hypothesis

An opinion

The federal district court system was authorized by: a) Article I, Section III of the U.S. Constitution b) The Bill of Rights c) Article III, Section I of the U.S. Constitution d) The president

Article III, Section I of the U.S. Constitution

________________ is used to answer the question: "Was this particular bullet fired from this particular firearm?" a) Ballistics analysis b) Gunshot analysis c) Firearm forensics d) Bullet fragment analysis

Ballistics analysis

Examples of crimes that require specialized knowledge include all of the following, except: a) Cybercrime b) Art forgery c) Bank robbery d) Constructing sophisticated explosive devices

Bank robbery

An example of facts within common knowledge is: a) Beer is an intoxicant. b) A county medical examiner is qualified to testify as an expert. c) The defendant is a drug addict. d) Eye-witness testimony is undisputable and reliable evidence.

Beer is an intoxicant.

________________ 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. a) Prejudice b) Bias c) Fabrication d) Discrimination

Bias

An individual's general tendencies, such as honesty or violence, are: a) Habit b) Character c) Compulsion d) Custom

Character

______________ evidence is evidence from which a fact at issue may be inferred. a) Probative b) Material c) Direct d) Circumstantial

Circumstantial

Evidence that is relevant and material and admissible is the definition of: a) Material evidence b) Relevant evidence c) Competent evidence d) Admissible evidence

Competent evidence

What are the two categories of presumptions? a) Conclusive and inferred b) Conclusive and irrebuttable c) Conclusive and rebuttable d) Rebuttable and permissive

Conclusive and rebuttable

In 1958, the U.S. Supreme Court affirmed its authority of judicial review in: a) Martin v. Hunter's Lessee b) Cooper v. Aaron c) Marbury v. Madison d) Cohens v. Virginia

Cooper v. Aaron

_______________ evidence is evidence, which if believed by the jury, establishes a fact at issue. a) Material b) Cricumstantial c) Probative d) Direct

Direct

The origins of law in the United States can be traced to: a) England b) The Church c) Ancient Babylonia d) Rome

England

Under the rape shield laws: a) There is little or no restrictions placed on the cross-examination of the victim. b) None of these. c) Evidence of the victim's reputation for sexual "virtuosity" is admissible. d) Evidence of the victim's past sexual activity with the defendant is admissible as evidence of consent.

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

The four basic types of fingerprints are: a) Patent, latent, plastic, and control b) Exemplar, patent, latent, and plastic c) Exemplar, impression, indention, and control d) Patent, latent, indention, and impression

Exemplar, impression, indention, and control

Under Rule 704: a) Expert opinion on the ultimate issue in a case is prohibited. b) Expert opinion as to whether the defendant had the intent to kill is admissible, even if it involves the ultimate issue. c) None of these are correct. d) Expert opinion that embraces an ultimate issue of the case is not automatically excluded.

Expert opinion that embraces an ultimate issue of the case is not automatically excluded.

All of the following are concerns raised about the use of expert witnesses at trial, except: a) Jurors may be overly influenced by expert witness testimony. b) Expert witnesses consume a considerable amount of time at trial. c) Expert witness testimony oversimplifies the issues for the jurors. d) Expert witness testimony may confuse the jury.

Expert witness testimony oversimplifies the issues for the jurors.

Types of visual images that require authentication include all of the following except: a) Eyewitness observations b) Video recordings c) Photographs d) X-rays

Eyewitness observations

Types of visual images that require authentication include all of the following, except: a) Photographs b) Video recordings c) Eyewitness observations d) X-rays

Eyewitness observations

A judge's personal experience or expertise can serve as his or her sole basis for taking judicial notice. a) True b) False

False

A trial court is prohibited from calling an expert witness to testify at a trial. a) True b) False

False

All states recognize spousal competence to testify against one's spouse, but the federal government does not. a) True b) False

False

Chain of custody must be perfect in order for evidence to be admissible at trial. a) True b) False

False

Evidence that the defendant was with the victim on the night of the murder is an example of relevant evidence. a) True b) False

False

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

False

Information that a defendant shredded evidence is not admissible to prove consciousness of guilt. a) True b) False

False

John always adjusts the rear view mirror before backing out of his driveway. John's actions can be introduced as character evidence. a) True b) False

False

Judgments by the U.S. Supreme Court are not binding on the President of the United States. a) True b) False

False

Statements made during plea negotiations over a guilty plea are admissible in the trial since their probative value outweighs their prejudicial impact. a) True b) False

False

The general premise is that a witness is not competent to testify until proven competent. a) True b) False

False

The prosecutor wants to introduce into evidence the fact that the defendant invoked his Fifth Amendment right against self-incrimination. His effort will be successful. a) True b) False

False

There are 10 justices on the U.S. Supreme Court. a) True b) False

False

Which of the following statements is true? a) Ballistics is accepted routinely as a matter of scientific certainty. b) The reliability of ballistics testing is uniformly acknowledged by the scientific community. c) Federal court opinions have called the reliability of ballistics testing into doubt. d) Federal courts have consistently recognized the reliability of ballistics testing.

Federal court opinions have called the reliability of ballistics testing into doubt.

The Court of Common Pleas: a) Made decisions based on Roman law. b) Followed local customs in determining the outcome of disputes. c) Required people to travel far distances to have their disputes heard by a judge. d) Only heard cases that revolved around disputes that affected the community as a whole.

Followed local customs in determining the outcome of disputes.

Which of the following is a true statement about habit? a) Habit evidence is inadmissible because the prejudice it creates is greater than its probative value. b) Habit is a general practice, such as being known as a safe driver. c) Habit is not admissible to show that the defendant acted consistent with his or her habit on a specific occasion. d) Habit evidence refers to a regular response to a repeated specific situation.

Habit evidence refers to a regular response to a repeated specific situation.

In Hurtado v. California, Hurtado challenged his conviction based on the argument that: a) None of these. b) Being denied an attorney violated his constitutional rights. c) He was denied due process because the police violated his Miranda rights. d) He had a constitutional right to charged through, and indictment by, a grand jury.

He had a constitutional right to charged through, and indictment by, a grand jury.

If a case is heard en banc, the case is: a) Decided without the parties having to appear before the court. b) Heard without written briefs c) Heard by only one judge. d) Heard by all the judges in the circuit.

Heard by all the judges in the circuit.

______________ refers to evidence intended to create doubts about the credibility of the witness. a) Contradiction b) Impeachment c) Incompetence d) Incapacitation

Impeachment

The introduction of a defendant's impotence by the defense: a) Is circumstantial evidence that the defendant lacked the physical capacity to commit the offense. b) Is not relevant since the burden of proof falls on the prosecution. c) Is admissible as hearsay. d) Is direct evidence of the defendant's innocence.

Is circumstantial evidence that the defendant lacked the physical capacity to commit the offense.

Lay witness John is about to testify that he recognized the handwriting as that of the defendant's. Which of the following statements is true? a) John's testimony on this issue would be inadmissible unless John was a certified handwriting expert. b) John's testimony would be admissible under the Federal Rules of Evidence provided the testimony met the two requirements laid out in Federal Rule 701. c) John's testimony would be admissible under common law but not under the Federal Rules of Evidence. d) John's testimony on this subject matter is considered identity evidence.

John's testimony on this subject matter is considered identity evidence.

Opinion that is rationally based on the witness's perception, a. is helpful to the understanding of the jury, and, b. is not based on scientific, technical, or other specialized knowledge , is: a) Not admissible b) None of these c) Lay opinion d) Expert opinion

Lay opinion

In what case, decided in 1803, did the U.S. Supreme Court claim the authority to judicial review? a) Cohens v. Virginia b) Martin v. Hunter's Lessee c) Marbury v. Madison d) Cooper v. Aaron

Marbury v. Madison

Which of the following persons would most likely be declared incompetent to testify? a) One who is deaf and mute. b) One who could not speak English. c) None of these would be declared incompetent to testify. d) One who was unable to narrate to the judge and jury what happened.

One who was unable to narrate to the judge and jury what happened.

The two primary ways for a case to reach the Supreme Court are: a) Original jurisdiction and writ of certiorari b) Original jurisdiction and supervisory authority c) Supervisory authority and appellate authority d) Original jurisdiction and collateral attack

Original jurisdiction and writ of certiorari

The analyst who conducted the scientific testing is required to testify to lay the foundation for the scientific evidence and may be asked to testify about all of the following except: a) Adherence to established procedures. b) Payment for conducting the testing. c) His or her training and experience. d) The working order of any equipment used in the testing.

Payment for conducting the testing

John, a psychiatrist, has qualified as an expert witness. He will offer his pinion as to the sanity of Mary, basing his testimony on his personal examination of Mary on two separate occasions. Under Rule 703, John's pinion testimony is based on facts or data from this type of source: a) Perception b) Information c) Trial d) Experts in the field

Perception

Under Federal Rule 705, which of the following statements is false? a) If asked by the court, an expert must disclose the facts or data he or she relied on in reaching his or her conclusion. b) All of these statements are true. c) Prior to testfying, an expert must disclose the facts or data he or she relied on in reaching his or her conclusion. d) If asked on cross-examination, an expert must disclose the facts or data he or she relied on in reaching his or her conclusion.

Prior to testfying, an expert must disclose the facts or data he or she relied on in reaching his or her conclusion.

Whether a material fact is more probable with the evidence than without the evidence is the test for: a) None of these b) Probative value c) Fact of consequence d) Materiality

Probative value

Which of the following is true? a) Evidence that has no probative value can be relevant. b) Relevant evidence is that which is material or has probative value. c) All material evidence is relevant. d) Relevant evidence is that which is material and has probative value.

Relevant evidence is that which is material and has probative value.

__________________ are documents that require no independent proof of their identity. a) Demonstrated authentic documents b) Self-authenticating documents c) Relevant authentic documents d) Authentic documents

Self-authenticating documents

Under the silent witness theory, which of the following is not part of the authentication process? a) There is testimony identifying individuals depicted in the video tape from the surveillance camera. b) Someone must testify that the video tape from a surveillance camera fairly and accurately portrays the events that occurred based on his or her personal knowledge. c) The video tape from the survillance camera shows no evidence of having been edited or tampered with. d) The video tape from the surveillance camera depicts a date and time.

Someone must testify that the video tape from a surveillance camera fairly and accurately portrays the events that occurred based on his or her personal knowledge.

The system most commonly relied on by analysts to categorize human blood is: a) The positive/negative system b) The ABO system c) The MN system d) The Rh system

The ABO system

If a witness is unable to answer a question because of a failure in memory: a) The attorney can try to refresh the witness's recollection only before the witness takes the witness stand during the trial. b) The attorney can try to refresh the witness's recollection either before trial or while the witness is testifying on the witness stand. c) The attorney can try to refresh the witness's recollection only before the trial commences. d) The attorney can try to refresh the witness's recollection only while the witness is testifying on the witness stand.

The attorney can try to refresh the witness's recollection either before trial or while the witness is testifying on the witness stand.

________________ in Federal Rule 1002 requires that "to prove the content of writing, recording or photograph, the original writing, recording, or photograph is required except as otherwise provided." a) Authentication of documented evidence rule b) The original submittal rule c) The best evidence rule d) The self-authentication rule

The best evidence rule

A death certificate is considered self-authenticating only when: a) The certificate bears the official seal of the relevant government agency, and the certificate is signed by an authorized government official indicating that the document is a true copy of the original. b) The certificate bears the official seal of the relevant government agency, and the certificate is signed by an authorized government official indicating that the document is the original document. c) The certificate bears the official seal of the relevant government agency, and the proponent of the document produces a sworn statement from the government official attesting to the document's authenticity. d) The certificate is signed by an authorized government official indicating that the document is the original document, and the proponent of the document produces a sworn statement from the government official attesting to the document's authenticity.

The certificate bears the official seal of the relevant government agency, and the certificate is signed by an authorized government official indicating that the document is a true copy of the original.

An example of circumstantial evidence of an inference of consciousness of a person's guilt is: a) The defendant invoking his or her Fifth Amendment right against self-incrimination during cross-examination of the defendant by the prosecutor. b) The defendant in a rape case weighed more than two times more than the victim weighed, allowing him to take advantage of his size to subdue and rape the victim. c) The defendant destroyed the clothing that he was wearing on the day of the murder. d) All of these are correct.

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: a) The expert witness must establish that the test will be helpful to the jury. b) The test at issue satisfies either Frye or Daubert, whichever is applicable in the jurisdiction. c) The expert witness must testify to the chain of custody of the evidence being tested. d) The expert witness possesses the required knowledge, training, and skill to qualify as an expert.

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

Factors that must be satisfied before a witness can qualify as an expert witness under Federal Rule 702 include all of the following, except: a) The analysis must follow the accepted way of carrying out the analysis or test. b) The expert's opinion must be based on some "facts or data" to undertake a meaningful analysis. c) The expert must employ reliable principles and methods in his or her analysis. d) The witness's testimony based on his or her "knowledge, skill, experience, training, or education" must be helpful to the jury.

The expert's opinion must be based on some "facts or data" to undertake a meaningful analysis.

Circumstantial evidence of ability to commit a crime includes evidence of all of the following, except: a) The motive to commit the crime. b) The physical capacity to commit the crime. c) The specialized skill needed to commit the crime. d) The means to commit the crime.

The motive to commit the crime.

A party is required to produce the original writing in all of the following circumstances, except when: a) The party seeks to prove the essence of the agreement between the parties. b) The party seeks to prove the contents of the writing. c) The party seeks to prove that the document records the subject of the witness's testimony. d) The party seeks to prove that the signature on the document is that of the witness.

The party seeks to prove that the document records the subject of the witness's testimony.

Which of the following is not a rebuttable presumption in a criminal case? a) The presumption of knowledge of the law b) The presumption of suicide c) The presumption of innocence d) The presumption of sanity

The presumption of suicide

Which of the following is true about polygraphs in the 27 states that follow the U.S. Supreme Court's ruling in Frye? a) The results of a polygraph test are excluded from evidence at the defendant's trial. b) Offers made by the prosecution to the defendant to take a polygraph test are admissible into evidence at the defendant's trial. c) The defendant's response to an offer to take a polygraph is admissible into evidence at the defendant's trial. d) The fact that the defendant refused to take a polygraph is admissible into evidence at the defendant's trial.

The results of a polygraph test are excluded from evidence at the defendant's trial.

_______________ allows the authentication of a video from a surveillance camera in those instances where there is no individual able to testify based on personal knowledge that the tape fairly and accurately portrays events. a) The silent witness theory b) Federal Rule 901 c) The best evidence rule d) Frye v. United States

The silent witness theory

If a state does not adopt the Federal Rules of Evidence: a) The state can look to federal court decisions in interpreting their own evidentiary codes. b) State defendants cannot seek remedy in the federal court system. c) You Answered The state is in violation of federal law. d) All of these are false.

The state can look to federal court decisions in interpreting their own evidentiary codes.

Which of the following statements represents the U.S. Supreme Court's stand regarding providing an indigent defendant with an expert witness? a) The state must provide the defendant with the basic tools to present an adequate defense, which may include an expert witness. b) The state must appoint a neutral expert for the defendant. c) The cost of providing an expert for the defendant cannot exceed $1 million. d) The defendant must make a preliminary showing that his attorney cannot provide effective assistance without the use of an expert before the defendant is entitled to have an expert appointed to assist in his or her defense.

The state must provide the defendant with the basic tools to present an adequate defense, which may include an expert witness.

Some documents are considered self-authenticating because: a) Their authenticity is clear from the face of the document. b) They are introduced by an expert witness at trial. c) Their accuracy is beyond reproach. d) Opposing counsel does not object to their admissibility.

Their authenticity is clear from the face of the document.

Fingerprints are used in the criminal justice system: a) To establish the identity of detainees. b) To connect an individual to evidence from the crime scene. c) To connect an individual to a criminal offense. d) All of these.

To connect an individual to a criminal offense.

Which is the purpose of using models or diagrams in a trial? a) To illustrate testimony. b) To confuse the jury. c) To support hypothetical theories. d) To establish motive.

To illustrate testimony

Cary, a traffic accident reconstruction expert, has qualified as an expert witness. She will offer her opinion regarding the sequence of events surrounding the fatal collision, basing her opinion on the testimony of the first responders and eyewitnesses to the accident. Under Rule 703, Cary's opinion is based on facts or data from this type of source: a) Perception b) Trial c) Experts in the field d) Information

Trial

A state Supreme Court decision is binding on all courts within its jurisdiction. a) True b) False

True

Circumstantial evidence may be used to establish criminal intent as well as a criminal act. a) True B) False

True

Expert witness Bob can offer his opinion testimony based on his actual perceptions. a) True b) False

True

Once the defendant opens the door by introducing evidence of a pertinent character trait, the prosecutor may rebut this evidence with evidence of the same trait. a) True b) False

True

Present recollection refreshed and past recollection recorded are two ways to jog a witness's memory. a) True b) False

True

Real evidence is evidence that you can touch, feel, or smell. a) True b) False

True

The United States Supreme Court is the chief interpreter of the meaning of the U.S. Constitution. a) True b) False

True

Witnesses testified that on two previous occasions, they heard Bob threaten to harm the neighbors' dog. This evidence can be introduced at Gary's trial for killing the dog as circumstantial evidence that Bob killed the dog. a) True b) False

True

Which of the following statements is correct regarding Daubert? a) Daubert imposes a higher standard for admission of scientific evidence from an expert. b) Under Daubert, the judge, not the scientific community, is the gatekeeper of scientific evidence. c) Under Daubert, the scientific community must recognize the evidence as "generally accepted" before expert testimony can be admissible. d) Daubert is incompatible with the Federal Rules of Evidence.

Under Daubert, the scientific community must recognize the evidence as "generally accepted" before expert testimony can be admissible.

Laying the foundation for the introduction of scientific evidence involves three questions. Which one of the following is not one of the three? a) Was the lab certified to conduct the testing? b) Was the test scientifically valid? c) Was the equipment used in the testing accurate? d) Was the test performed in the required fashion by a qualified analyst?

Was the lab certified to conduct the testing?

A witness who is testifying based on his or her personal knowledge might testify about: a) What he or she speculates occurred. b) What he or she heard from another person. c) None of these. d) What he or she smelled at the scene

What he or she smelled at the scene

Factors considered under Daubert to determine the admissibility of expert testimony on a scientific theory or technique include all of the following, except: a) Whether the technique has been generally accepted in the relevant scientific community. b) Whether the technique is error proof. c) Whether the theory or technique has been tested. d) Whether the technique has been peer reviewed.

Whether the technique is error proof.

Which of the following questions to a witness demonstrates sensory defect impeachment. a) You identified the defendant as the person you saw committing the crime, but at the time the crime was committed, you were not even at the scene, were you? b) At the time of the incident, you were out on bail, were you not? c) At the time of the incident, you were feeling depresses, weren't you? d) You identitied the defendant as the perpetrator, yet at the time the crime was committed, you were not wearing your glasses, were you?

You identitied the defendant as the perpetrator, yet at the time the crime was committed, you were not wearing your glasses, were you?

A(n) _______________ is a solemn undertaking to tell the truth without reference to God. a) avowal b) affirmation c) oath d) promise

affirmation

Which of the following constitutes evidence? a) Material objects b) All of these c) Writings d) Testimony

b) All of these

All of the following are true about a state's intermediate appellate court except: a) They typically sit in panels of two to three judges. b) They consider new evidence. c) They usually decide the case based on the transcript of the trial that was conducted in the lower court. d) They do not hear witness testimony.

b) They consider new evidence.

Seven eyewitnesses testifying to the same event is an example of ____________ evidence, and the judge might limit the number of testifying witnesses to three or four to limit repetitive testimony. a) confusing b) conflicting c) cumulative d) misleading

cumulative

A(n) _____________ witness possesses specialized knowledge and expertise that is not commonly possessed by the average person. a) professional b) expert c) lay d) fact

expert

The authority of judicial review was granted to the U.S. Supreme Court by the U.S. Constitution. a) True b) False

false

The foundation for fingerprints found at the crime scene: a) Is unnecessary because fingerprinting is a scientifically acceptable practice. b) Is laid by the expert who did the fingerprint comparison. c) None of these. d) is laid by the person who collected the fingerprints at the crime scene.

is laid by the person who collected the fingerprints at the crime scene.

A(n) ________________ involves swearing to God to tell the truth. a) oath b) promise c) affirmation d) avowal

oath

Trial evidence is divided into two types: testimonial and __________. a) expert b) circumstantial c) direct d) real

real

An approach to a polygraph test that compares an individual's truthful responses to simple and straightforward questions with his or her responses to questions relevant to the investigation is commonly known as the ________________ test. a) innocent-suspicious b) relevant-irrelevant c) truthful-deceptive d) controlled question

relevant-irrelevant

Federal circuit court of appeals sit in ___________-judge panels. a) three b) seven c) two d) nine

three

John is seeking to appeal his case to the U.S. Supreme Court. He will begin the appeal process by first preparing _______________, requesting that the Court hear the case. a) writ of certiorari b) an appellate brief c) None of these. d) a judgment from the lower court

writ of certiorari