Chapter 5 Review Questions

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

Sixth

The 1670 jury trial of ______ in England was an important milestone in establishing the independence of juries from influence by the government.

William Penn

Expert testimony based on handwriting analysis is generally ____ in both federal and state courts under Federal Rules of Evidence 702 and similar state rules.

admissible

Questioning of a witness by the opponent of the party that called that witness is called _______- examination.

cross

Questioning of a witness by the party that called that witness is called _____ examination.

direct

In general, to be deemed a competent witness, the witness must, among other things,

have personal knowledge of the matters.

Defendants who decide to testify at their trial

may be cross-examined

If a party believes that a question posed by the opponent is improper, that party must make a/n _____ to that question.

objection

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

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

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

ordinary

Adult witnesses are

presumed competent unless shown to be incompetent.

After a witness is subject to cross-examination, the party that called them originally may ask further questions under ______ examination.

redirect

An ordinary witness may give an opinion about

things which are in the common knowledge of most people.

As fact finders, the jury alone determines the ______ given to all evidence.

weight

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

Sixth

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

bring certain items or records with them to court.

The trial judge determines the _____ of a witness.

competence

As fact finders, the jury determines whether sufficient _____ exists to justify a verdict of guilty.

evidence

By using _______, "the cross-examiner intends to afford the jury a basis to infer that the witness' character is such that he would be less likely than the average trustworthy citizen to be truthful in his testimony."

impeachment

Children may testify only if

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