Criminal Trial Evidence Final
A witness is generally not permitted to testify unless an oath is taken.
True
An expert witness's opinion must be based on education, training, skill or knowledge in the specific field to which the evidence relates.
True
Appellate courts determine whether errors were made by the trial judge that affected the outcome of the case.
True
Direct evidence is stronger proof of a fact than circumstantial evidence.
True
Every element of a crime must be proven in order to find a defendant guilty.
True
Every stage of examination of a witness must be limited to the scope of the preceding stage.
True
Evidence of prior criminal acts is admissible to show that a defendant had motive, opportunity, or knowledge that made it possible to commit the crime, but not that the defendant's character was in line with the crime he/she is accused of.
True
Evidence that is hearsay or privileged will be excluded from the record even though it is relevant.
True
The competence of a character witness must be established by showing that the witness is familiar enough with the person whose character is at issue, or his/her reputation, as to allow him to testify based on personal knowledge.
True
The federal court system has the same basic court structure as most state courts.
True
To get a warrant, the police officer must already have enough evidence to provide probable cause that a crime was committed or that evidence of a crime is in a certain location.
True
Trial judges make decisions on the admissibility of evidence.
True
Under the Fourth Amendment, both searches and seizures are prohibited only when they are "unreasonable."
True
While the parties may demand a mistrial or corrective instruction, only the trial judge may decide if it is necessary.
True
The best way to authenticate real evidence is with expert testimony.
False
The defendant is permitted to cross-examine witnesses during the prosecutor's case-in-chief but is not allowed to object to the testimony of those witnesses.
False
When they take place in civil cases, offers of compromise and settlement have no relevance in a criminal case.
False
What is the difference between a guilty plea and a plea of nolo contendere?
A guilty plea can be used as evidence in a subsequent criminal or civil trial; a plea of nolo contendere cannot.
Which of the following would be relevant to prove the defendant robbed a convenience store a 2:05pm?
A surveillance video showing the defendant entering the store at 2:02pm.
What type of witness is sufficient to authenticate a voice recording?
A witness with first-hand knowledge of the person's voice.
The attorney-client relationship is created when...
An attorney gives legal advice to someone.
In states where a physician-patient privilege exists, what information is usually protected?
Any statements made by the patient to the physician relating to medical care.
A "statement" is...
Any verbal or non-verbal assertion.
Which of the following processes does NOT take place during a "booking"?
Appearance before a magistrate.
The question of admissibility can be raised when?
At any time during a criminal case.
The "admission of a party opponent" exclusion applies to any statement made by the opposing party...
At any time for any reason.
Self-defense requires that a defendant be in danger of what?
Any kind of injury.
A direct examination is conducted by the party who...
Calls a witness.
What communications would be considered "confidential" between spouses?
Communications intended by the spouses to be confidential.
Elements of crimes are set forth where?
Criminal codes
What type of witness testifies based on firsthand perceptions?
Eyewitnesses
To lay a foundation for competence, what must a witness testify to?
Facts that support his/her personal knowledge of the subject matter of his/her testimony.
A defendant can commit a crime recklessly even if he had no idea his actions might be harmful to anyone.
False
A defendant who commits a crime in one state cannot be prosecuted for that same criminal act in any other state or in federal court.
False
A dying declaration applies to anything said by someone who believes his own death is imminent.
False
A harmless error will result in a reversal on appeal.
False
A judge does not have to admit evidence even if it meets all of the legal requirements for admissibility.
False
A mistrial is the best and most common remedy for unfair prejudice.
False
A person may commit a crime to protect himself from harm, but never to protect someone else.
False
A police officer can ask for a search warrant even if he is not sure exactly where the search will take place.
False
A self-authenticating document still needs a competent witness to testify about its authenticity.
False
A sworn statement to police during the investigation of a crime is not considered "out of court" for purposes of applying the hearsay rule.
False
A voir dire is only required for witnesses who are very young.
False
An arrest can take place based upon a mere suspicion that the defendant has engaged in criminal activity.
False
Any statement made by someone who is not testifying under oath at the time the statement is made is considered hearsay.
False
Any witness who is unable to understand or speak English will not be able to testify in an American court.
False
As long as the actus reus and mens rea of a crime are proven, a defendant can be found guilty even if all of the conditions of the crime are not proven.
False
Both the defendant and the prosecution have the same duty to disclose evidence before a criminal trial.
False
Evidence of a person's character is generally admissible to prove that his/her criminal acts were in accordance with that character.
False
Generally, appellate courts can hear evidence that was not brought before the trial court.
False
Hostile witnesses are unlikely to provide any useful information in a case.
False
If a court takes judicial notice of a fact, the jury can still refuse to accept it as true.
False
If a prejudicial error occurs, that error does not need to be objected in order to raise it on appeal.
False
If a witness is in a privileged relationship, it doesn't matter what communication the witness is being asked to disclose, because they are all inadmissible.
False
If testimony is relevant, then it is admissible whether or not it is competent.
False
Opening statements must not make any appeal to the emotions of the jury.
False
Prejudicial evidence is always admissible.
False
Proving that harm wouldn't have occurred if the defendant hadn't committed the criminal act is enough to prove that the defendant caused the harm.
False
The spousal testimonial privilege cannot be waived by either spouse.
False
There is no right to appeal in states without intermediate appellate courts.
False
Trial courts never hear appeals from any other level of court.
False
A man commits a crime while he is drunk. Which of the following must be TRUE for him to use his intoxication as an excuse?
He didn't get drunk voluntarily.
In states that recognize a clergyman-communicant privilege, what information is protected?
Only information intended to be confidential by the communicant.
An expert witness would normally be an example of a(n)...
Opinion witness
A witness's testimony must be based on what?
Personal knowledge
Which of the following factors of admissibility prevents evidence from being admissible?
Privilege
What is always required to make a valid arrest?
Probable cause
The cumulativeness of evidence decreases its...
Probative value
Presumptions are facts which are proven by what means?
Proving or disproving other facts.
Sequestration of witnesses means that they are...
Removed from the courtroom during the trial.
If an offered piece of evidence is objected to as irrelevant, what should the court do before ruling on the objection?
Require an offer of proof from the party offering the evidence demonstrating the relevance of the testimony.
The Fourth Amendment applies to what kind of criminal justice activities?
Searches and seizures.
Why are witnesses usually sequestered?
So they are not influenced by the testimony of other witnesses.
A leading question is one that...
Suggests the answer the questioning attorney wants the witness to give.
A piece of evidence is relevant if it does what?
Tends to make any fact at issue in the case more or less likely to be true.
The authenticity of a piece of real evidence means what?
That the evidence is what the party offering it claims it to be.
In order to frisk a suspect, a police officer must have a reasonable suspicion of what?
That the suspect may have committed a crime and that he/she is armed.
What law must every federal and state court abide by?
The United States Constitution
The Rules of Evidence apply to what?
The admissibility and use of evidence in a trial court.
A person is playing golf with an attorney, and casually asks for advice about a legal problem. What would need to happen for an attorney-client relationship to be created?
The attorney would need to answer the question.
When a suspect is arrested, what can be searched without a warrant?
The suspect's person and the area within his reach.
The decision whether to admit evidence is solely within the discretion of whom?
The trial judge.
Cross-examination can only exceed the scope of direct if it relates to...
The witness's credibility
What does it mean for evidence to "confuse or mislead" a jury?
To cause the juror's minds to stray from the factual issues they need to decide.
What is the primary purpose of an appellate court?
To make sure trial judges have done their job properly.
For what purpose might a prosecutor be allowed to offer evidence of the defendant's character?
To prove that the defendant had both a motive and an opportunity to commit the crime.
For what purpose would evidence of a defendant's character be inadmissible?
To show that the crime was not in line with the defendant's character.
For what purpose is character evidence generally not admissible?
To show that the defendant acted in accordance with his/her character.
Which level of court will rule on issues that arise in the pre-trial process?
Trial courts
"Conditions" are elements that exist apart from anything the defendant does or is thinking at the time the crime is committed.
True
A crime of possession can occur even if the defendant is not actually in possession of the contraband.
True
A criminal statute is void for vagueness if it fails to clearly define the action that is prohibited.
True
A document can be authenticated based on a business letterhead or logo.
True
A duplicate can often be used in a place of an original under the Best Evidence Rule exception.
True
A justification is a defense that claims that the defendant's actions were the right thing to do under the circumstances.
True
A lay witness would be qualified to testify about the speed of a car.
True
A motion to suppress is often based on a constitutional violation that occurred during evidence gathering.
True
A nod of the head can be a "statement" under the Hearsay Rule.
True
A party offering evidence is responsible to justify its admissibility if challenged.
True
A privilege is intended to protect a relationship between the witness and another person.
True
A statement for the purpose of medical diagnosis or treatment is only admissible if it is made by the patient to the doctor, not vice versa.
True
A vigorous examination of a witness may lead to evidence which the questioning attorney did not anticipate or desire to offer into the record.
True
A witness is required to answer the question asked of him, and not to provide information which the question does not call for.
True
A witness providing authentication testimony must be competent based on firsthand knowledge of the evidence.
True
A witness who has been impeached by another witness's testimony can be rehabilitated through the impeachment of the second witness.
True
An attorney impeaching a witness based on prior inconsistent statements testified to by another witness can do so only if the impeach witness is given a chance to explain the inconsistency.
True
Attorneys can disclose confidential information in order to protect themselves from the clients' claims of malpractice or unethical conduct.
True
Authentication is required for all real evidence, regardless of type.
True
Calling a person's phone number is no guarantee that the person answering the phone is the person who was called.
True
Competent testimony must be based on first-hand knowledge.
True
Credibility is a matter for a jury to decide based on the reasonableness, consistency, and demeanor of the witnesses.
True
Cumulative evidence that simply repeats what other evidence proves can be excluded in order to avoid a waste of the court's time.
True
Evidence that is inadmissible cannot be shown to the jury at all.
True
Evidence that relates to the credibility of a witness is relevant even if it has no bearing on the defendant's guilt.
True
Evidence that will unfairly affect a jury's feelings toward the defendant may be excluded even if it is relevant.
True
Federal Rules of Evidence are divided into sections called "Articles".
True
Generally, a stop will last for a limited time, until the officer either establishes probable cause for an arrest or releases the suspect.
True
If a hearsay statement itself contains hearsay, then both hearsay statements will have to meet the requirements of admissible hearsay for the entire statement to be admissible.
True
If a judge feels that a discussion on an objection should take place outside the jury's hearing, he/she may require a sidebar.
True
If an appellate court decides that evidence was excluded at trial that would have changed the outcome of the trial, it can take steps to correct that error.
True
If an appellate court reverses a decision on appeal, it will often remand the case to the trial court for further proceedings.
True
Impeaching a witness based on the opinion of another witness requires the jury to find the impeaching witness credible.
True
In criminal cases, a defendant can be sequestered with other witnesses if he/she is planning on taking the stand.
True
In most states, the physician-patient privilege applies to all information learned by a physician while treating a patient, not only communications by the patient him/herself.
True
Just because a defendant follows a routine doesn't mean that he will follow it all the time, so evidence of a defendant's routine is not admissible to prove specific acts were committed in accordance with that routine.
True
No probable cause is needed to search a field that stands away from the owner's house and is not fenced in.
True
Once consent has been given to search, the question of probable cause is no longer relevant to the constitutional validity of the search.
True
Only discussions that lead to a plea of guilty that is not later withdrawn can be used as evidence.
True
Only harm which is specified in the criminal statue will make the defendant guilty of that crime.
True
Peremptory objections give the parties a chance to tailor the jury.
True
Public records are excepted from the Hearsay Rule so long as they are kept in a public office.
True
Testimony is more likely to be influenced by bias and prejudice than real evidence.
True
The authentication of a public record merely requires proof that the record was maintained in a public office.
True
The burden of authenticating evidence is on the party offering it.
True
The clergyman-communicant privilege usually only applies where the clergyman is ordained.
True
The factors of admissibility are those a judge must apply in order to determine whether evidence is admissible.
True
The former testimony exception under Rule 804 is intended to allow sworn testimony to substitute for in-court testimony where a witness cannot be found at the time of trial.
True
The inadmissibility of cumulative evidence is more a concern of wasting time than improperly affecting the jury's verdict.
True
The only difference between the present sense impression and then-existing mental, emotional, or physical condition exceptions under Rule 803 is the nature of what the declarant is perceiving when the statement is made.
True
The prejudicial effect of evidence is less important where the evidence has a high probative value.
True
There may be many reasons why the demeanor of a witness would be nervous or anxious other than that the witness is lying.
True
The credibility of a witness relates to his/her...
Truthfulness.
Is it possible for someone with no expertise in handwriting identification to identify handwriting at trial?
Yes, if the person can testify to personal familiarity with the handwriting which was not acquired solely for the purpose of litigation.
At a trial for vehicular homicide arising from drunk driving, is the jury permitted to know that the defendant was in a bar shortly before the crime occurred?
Yes, if there is also proof that the defendant was intoxicated when the crime occurred.
Can a post on a social media site be used as evidence of character?
Yes, to the same extent as any other character evidence.
In order to prove intent, it is necessary for the defendant to admit that he had a conscious purpose in committing the crime.
False
Knowing how a document was created is not relevant to proof of its authenticity.
False
The failure of a defendant can constitute a crime only if what is true?
The defendant was under a legal duty to act.
Where harm is an element of a crime, it must be proven that the harm was caused by what?
The defendant's actions.
A complaint contains what?
The essential facts constituting the offense the defendant is charged with.
Opening statements are meant to provide the jury with an understanding of what?
The evidence it will be hearing.
Which of the following reasons is sufficient to deny the admission of otherwise relevant evidence?
The evidence will confuse or mislead the jury, or add nothing to the jury's understanding of the case.
What legal principle prevents evidence from being used even if it was obtained only indirectly from a violation of the defendant's constitutional rights?
The fruit of the poisonous tree doctrine.
What happens at a voir dire?
The jury is questioned and selected by the parties.
What does the "best evidence rule" provide?
The original of a writing, recording, or photograph is required in order to prove its contents.
"Jurisdiction" refers to...
The power of a court to hear a case.
What factor must the court determine before excluding evidence as a waste of time or causing undue delay?
The probative value of the evidence.
In federal court, who gives the opening statement first?
The prosecutor
The decision whether to offer evidence is solely within the discretion of whom?
The prosecutor and defense attorney.
Which of the following is NOT a right included in the Miranda warnings?
The right to a speedy trial.
When is it necessary to conduct a voir dire to establish general competence?
When the witness's competence is questioned due to age or mental disability.
What determines whether a document is a "public record"?
Whether it is kept and maintained in a public office.
Which of the following is NOT a factor in determining whether a privilege applies to a particular communication?
Whether the communication is relevant to any factual issue in the case.
"Recklessness" and "negligence" both relate to what?
Whether the defendant was aware of a risk that his actions were criminal.
A statement is admissible as a "present sense impression" only if it describes an event or condition...
While the event or condition is being perceived by the declarant.
Can a vehicle be searched without a warrant?
Yes, as long as there is probable cause that the vehicle contains evidence of a crime.
What is the best way to authenticate a piece of real evidence?
By calling a witness with first-hand knowledge of the identity of the evidence.
How is admissibility challenged at trial?
By raising an objection when the evidence is offered.
Circumstantial evidence requires the trier of fact to do what?
Infer facts that are not proven by the evidence.
What is metadata?
Information describing the history, tracking, or management of an electronically stored document.
Following the closing arguments, the judge does what?
Instructs the jury on the law
A witness can be impeached by show that he...
Is both unable to perceive the events he is testifying about, and is either biased or prejudiced.
In order to obtain a warrant, a police officer must complete what?
A probable cause affidavit.
A privilege excludes evidence based on...
A protected relationship
The suppression of evidence occurs when evidence is what?
Accepted by the jury.
A prosecutor's case-in-chief consists of what?
All of the evidence that supports the guilt of the defendant.
Which two elements are found in virtually every criminal statute?
An actus reus and mens rea.
If a defendant commits an act which violates both state and federal law, which one has jurisdiction to prosecute him?
Both the state and federal court.
A witness testifies that "the defendant told me that he killed the victim." This statement is hearsay only if...
It is being offered to prove that the defendant did kill the victim.
Suppose a party wants to introduce a newspaper into evidence. How can that document be authenticated?
It is not necessary to call any witness - newspapers are self-authenticating.
What information is protected by the work-product doctrine?
Documents created by the defendant or his attorney and statements made to the defendant or his attorney by the defendant or a witness.
What kind of real evidence can be authenticated using distinctive characteristics?
Documents or things.
An unresponsive answer to a question is one that...
Does not address the substance of the attorney's question.
Who is qualified to compare handwriting to a sample to determine its authenticity?
Either an expert in handwriting analysis or the jury.
What must a questioning attorney do if an objection is made to a question on the grounds that it assumes facts not in evidence...
Either lay a foundation for the question or withdraw the question.
What is a defendant expected to do at an arraignment?
Enter a plea to the charges against him/her.
What cannot be included in a closing argument?
Evidence that has not been admitted at trial.
What must a police officer give to an arrested defendant before interrogating him/her?
His Miranda warnings.
When will a judge rule on an objection to evidence?
Immediately after it is made.
An "excited utterance" must be made...
Immediately after the startling event or condition it relates to.
The oath which a witness takes before testifying must do what?
Impress on the witness the duty to tell the truth.
What level of court is most likely to issue search warrants and hear summary criminal cases?
Minor courts
When is a judge competent to testify at a trial over which he/she is presiding?
Never
If an attorney asks a lay witness a question that calls for an opinion, what should the opposing attorney do?
Object before the question is answered.
The Exclusionary Rule is a principle that keeps evidence from being admitted when it is what?
Obtained in violation of the defendant's constitutional rights.
A photograph of a damaged car is direct evidence of what?
The damage to the car.
Which of the following would be considered a "leading question"?
The defendant was in the bar more than two hours, is that correct?
When is evidence "prejudicial"?
When it causes a juror to base a decision on something other than the evidence.
When can a rape victim's past sexual conduct be brought in as evidence in the trial of his/her alleged rapist?
When it shows a past sexual relationship between the victim and the defendant.
When is prejudicial evidence inadmissible?
When the prejudicial effect outweighs the evidence's probative value.
