Rules of Evidence (Midterm)
A conviction cannot be valid if it is based solely on circumstantial evidence (T/F)
False
A presentment jury is the same as a trial or petit jury (T/F)
False
Direct evidence is evidence that proves a fact in issue by the use of inferences (T/F)
False
Even a single error at a trial automatically entitles the defendant to a new trial (T/F)
False
Evidence is derived from proof (T/F)
False
Habeas Corpus was established under the Magna Carta (t/f)
False
If a defendant does not testify at trial, the jury may validly use this as circumstantial evidence of guilt (T/F)
False
In all states, a defendant has a right to grand jury review of the charges (T/F)
False
In our adversary system, the prosecution has no obligation to reveal any evidence to the defense (T/F)
False
In the United States, the defense carries the burden of proving the defendant is not guilty (T/F)
False
Motive is an element of most crimes (T/F)
False
No state in the United States ever requires that the defendant reveal information (T/F)
False
Non-relevant evidence is generally admissible (T/F)
False
The Federal Rules of Evidence must be followed in all state trials (T/F)
False
The U.S Supreme Court has held that trial judges must give juries a strict definition of proof beyond a reasonable doubt (T/F)
False
The U.S. Constitution provides that state judges are not bound by the U.S Constitution (T/F)
False
The corpus delecti rule requires that circumstantial evidence be corroborated by direct evidence (T/F)
False
The first twelve Amendments to the U.S Constitution are called the Bill of Rights (T/F)
False
An affirmative defense is one in which the defendant A) admits the act but claims other matters that will result in an acquittal B) denies doing the criminal act and presents evidence of who did C)argues the defense of double jeopardy D) has agreed to a plea bargain
A
Circumstantial evidence is evidence that proves a fact in issue A) indirectly or by inference B) only by the use of presumptions C) directly by eyewitness testimony D) by contradicting other evidence
A
Competent evidence is reliable, relevant evidence that___ A) is not excluded by additional rules of evidence B) is subject to the exclusionary rule C) cannot be heard by the jury D) is offered to impeach a witness
A
If a defendant wants to plead guilty, the defendant must A) Waive a number of rights B) Prove the judge that s/he is not insane C) have agreed to a plea bargain D) be represented by an attorney
A
In Holland vs US (1954) US Supreme court upheld an income tax evasion conviction on the bases of... A)the net worth method B) neighbor's beliefs C) witness confessions D) eye witness testimony
A
In one adversary systems of justice, the defense and prosecution___ A) present their best case and challenge the opponent's case B) cooperate to see that justice is done C) readily share evidence and information D)Rarely challenge the admissibility of the opponent's evidence
A
The Constitution allows, and certain states require that defendants___ A) give notice that they intend to use an alibi or insanity defense B) answer questions posed by the police C) reveal incriminating evidence D) waive their privilege's against self-incrimination
A
The United States ___ guarantees the protection of the writ of habeas corpus A) Consitution B) Declaration of the Rights of Man C) Magna Carta D) Bill of Rights habeas corpus
A
The federal government requires a trial within___ days A) 70 B)30 C) 60 D)90
A
The keystone of American federalism is the___ A) U.S Constitution B) Magna Carta C) Bill of Rights D) separate of church and state
A
The main danger in the present system of nontrial dispositions in the form of plea bargains is that a... A) is informal and invisible B) is typically very inflexible C) takes excessive time and resources D) is excessively punitive
A
To validly enact federal statutes, Congress must be acting within__ A) powers granted by the Constitution B) the scope of consent granted by the issues C) authority granted by the United Nations D) the bounds of international law
A
Unlike the United States, most European democracies___ A) use of the inquistorial system B) rely less on confessions C) give prosecutors les discretion D) give defendants more potection
A
According to the American Declaration of Independence (1776), the government derives in power from the people by... A)natural law B) the people by their consent C)divine rights D)the common law
B
Another term for a no contest plea is a plea of A)former jeopardy B) nolo contendere C) guilty by mentally ill D) guilty on conditions
B
Circumstantial evidence frequently takes the form of showing that the defendant had means, opposing... A) the required tools B) motive C) a prior criminal record D) sufficient criminal knowledge
B
Evidence of flight from the scene of a crime is.. A) sufficient by itself to establish guilt B) never sufficient by itself to establish guilt C) never admissible D) direct evidence of guilt
B
If reliable evidence is otherwise excludable (e.g. it is privileged or was obtained in violation of the Consitution, such as evidence is said to be... A) precluded B) incompetent C) inconsequential D) indefatigable
B
If the prosecution destroys evidence important to the defense, this violates a defendant's rights only if the prosecution acted___ A) in violation B) in bad faith C) with carelessness D) negligently
B
In England, before the Norman invasion of 1066, guilt of innocence was determined by A) presentment jury B) ordeals C) oaths and oath-helpers D) petit juries
B
In a typical conditional plea, the defendant pleads guilty but reserves the right to A) a bench trial B) appeal certain issues C) a jury trial D) a speedy and public trial
B
In most appeals A) defendant usually is ordered to be acquitted B) appeals court reviews the records for errors C)prosecution must again reprove guilt D)appeal takes the form of a new trial
B
In the U.S the overwhelming of persons charged with felonies ultimately will plead A) double jeopardy B)guilty C) Not guilty D) no contest
B
McCormick on Evidence states that---- "is the slipperiest member of the family of legal terms" because it is used interchangeable with A) inference B) presumption C)conclusion D) deduction
B
The Magna Carta of 1215 was the first document establishing A) the divine right of kings B) minimum standards for arrest and imprisonment C) that the monarchy was the only source if personal rights D) the writ of mandamus
B
The burden of proof is actually two burdens: the burden of___ and the burden of___ A) rationality; inference B) production; persuasion C) preponderance; clarity D) probability; opportunity
B
The first ten amendments to the U.S Constitution are known as the ___ A) Habeas Corpus Act B) Bill of Rights C) Magna Carta D) Declaration of Rights
B
The purpose of___ is to assure the defendant's appearance at trial A) presentence investigation B) Bail C) a criminal history investigation D) an employment check
B
A defendant's offer to plead guilty A) can be used at trial if the defendant fails to plea bargain in good faith B) can be used at trial of guilt C)cannot be used as evidence if the defendant goes to trial D) can be used as evidence at trial if the prosecution consents
C
Affirmative defenses include insanity, immunity, ____, and double jeopardy A) conspiracy B) incapacity C) entrapment D) inadvertency
C
At the___ the defendant will enter a formal plea to the charges A)pretrial sentence B)preliminary hearing C)arraignment D)coram nobis
C
Evidence is not relevant (irrelevant) if it is___ A) subject to a privilege B) exculpatory C) not related to any fact or issue in the case D) recognized by judicial notice
C
Federal law reinforcement agencies are created by___ to enforce specific federal laws A) the Legislature B) the President C) Congress D) the Senate
C
In terms of Procedure... A)most states require grand jury review only in misdemeanor cases B) misdemeanor cases involve more protections for defendants C) Felony and misdemeanor cases have practically the same procedures D)felony cases involve 5 more steps than misdemeanor cases.
C
In the federal system and most states, if the defendant raises the insanity defense, the burden of proof is on the A) defendant to prove the defense beyond a reasonable doubt B)prosecution to disprove the defense beyond a reasonable doubt C)defendant to prove the defense D)prosecution to disprove the defense
C
Plea bargaining may involve substituting a guilty plea to one offense for a trial on__ offenses A)misdemeanor B) petty C)multiple D) felony
C
The Bill of Rights originally applied to the ___government A) state B) county C)federal D) municipal
C
The Tenth Amendment to the United States Constitution states that powers not delegated to the United States are___ A) ruled by common law B) automatically delegated to the federal government C) reserved to the States or the people D) under joint jurisdiction by federal and state governments
C
The level of proof required in criminal court is proof beyond a___ doubt A) rational B) specific C)reasonable D)shadow of a
C
The prosecution has to prove the defendant's guilt A) beyond probable cause B) by clear and convincing evidence C)beyond a reasonable doubt D)by preponderance of evidence
C
The rules of evidence A) Require that all defendants have access to habeas corpus B)Specify the punishment for crimes C) Determine what information will be available to the judge or jury at trial D) Dictate who can be selected for Jury duty
C
Under the___ rule, the prosecution must disclose exculpatory evidence to the defense A) DeAngeliz B) Curtain C) Brady D) Powell
C
A full confession about the crime would be an example of direct evidence (T/F)
True
Attempting to use evidence that the defendant contacted lawyers after being charged with a crime is generally not admissible against the defendant (T/F)
True
Competent evidence is a catch-all terms that included reliable and relevant evidence (T/F)
True
Direct evidence is generally more powerful and convincing than circumstantial evidence (T/F)
True
Due process requires that criminal guilt be proven by the government beyond a reasonable doubt (T/F)
True
Evidence that the defendant was seen running from the scene of the crime shortly after the crime occurred could be circumstantial (T/F)
True
In some circumstances, presumptions can interfere with the defendant's right to have the jury decide the facts of the case. (T/F)
True
In the absence of a confession or admission, intent must usually be proven by circumstantial evidence (T/F)
True
In the adversary system, each side seeks to prevent evidence that is most favorable to them (T/F)
True
One of the most deeply rooted tradition of modern Anglo-Saxon law is that an accused is innocent until proven guilty (T/F)
True
One of the purposes of the rules of evidence is to help assure that defendants gets a fair trial (T/F)
True
The American system of justice is basically an adversary system (T/F)
True
The Sixth Amendment affords defendants a right to confront and cross-examine their accuser (T/F)
True
The U.S Constitution is the supreme law of the land (T/F)
True
The U.S Declaration of Independence states that governments derive their power from the consent of the governed (T/F)
True
The United States was the first country in the world to utilize a federal form of government (T/F)
True
The prosecution is required by law to prove the defendant's guilt beyond a reasonable doubt (T/F)
True
The right of habeas corpus is protected by the U.S Constitution (T/F)
True
When originally ratified the Bill of Rights limited the powers of the federal government (T/F)
True
Most crimes committed in the U.S are... A) state crimes B) Federal Crimes C) a combination of federal and international crime D) a combination of state and federal crimes
state crimes
A defendant is found in possession of a very large quantity of illegal drugs. It is permissible to draw the... A)unknowing B) accidental C)due to insanity D) with intent to deliver
D
A suspect arrestd without an arrest warrant must have a probable cause hearing before a judge or magistrate "properly", within___ of the arrest, including weekends and holidays A) 24 B) 72 C)36 D) 48
D
An indictment is a formal criminal charge A) Police B) the prosecution C) the judge D) the grand jury
D
Evidence consists of the materials presented to the trier of fact A)to attempt to contradict inferences B)pursuant to presumption C)to explain the judge's instructions D) to convince them of the existence
D
If a defendant does not testify at his or her criminal trial the judge or jury A) may use this as evidence of guilt B) is no longer required to give the defendant the presumption of innocence C) may draw an inference of guilt of from this D) may not use this as evidence of guilt or draw an inference of guilt
D
If a defendant refuses to enter a plea, the court will enter a plea of____ A) no contest B) not guilty by reason of insanity C) guilty D) not guilty
D
In 1975, Congress enacted the___, which has great influence on state rules of evidence A) National Standards of Evidence B) National Rules of Evidence C) Federal Code of Criminal Evidence D) Federal Rules of Evidence
D
In an Alford Plea the defendant pleads guilty while A) still demanding a jury trial B) refusing to accept the court's jurisdiction C) manifestly not competent for trial D)asserting his or her innocence
D
In states that do not use grand juries, a case can begin with the filing of an A)habeas corpus B) indictment C)criminal complaint D) information
D
Inferences are reasonable conclusions that judges or juries A) are required to draw B) cannot be used against the prosecution C) cannot be used against a defendant D) may draw if they so desire
D
Proof is demonstrated by A) induction B) jury instruction C) deductions D) evidence
D
Sandstrom v Montana states that mandatory or irrebuttable___ are unconstitutional in criminal cases A) deductions B)conclusions C) inferences D) presumptions
D
The English Common law (Also adopted in the U.S) that allowed challenges to the legality of custody or imprisonment was the writ of.... A)pro hac vice B)certiorari C) mandamus D) habeas corpus
D
The ___ Amendment of the U.S Constitution states that "Excessive bail shall not be required" A) Fourth B)Sixth C) Fifth D) Eighth
D
