Deck 21: Preparing for and Presenting Cases in Court

Question 1

What type of evidence tends to show innocence of the accused and must be disclosed?

A)expectoratory
B)exculpatory
C)excruciating
D)excoriating

Answer 1

B

Question 2

Which of the following is inadmissible for an officer to make in court?

A)statements including obscenity or vulgarity
B)statements about the defendant's behavior at the time of arrest
C)statements about the defendant's criminal record
D)statements the defendant made at the time of arrest

Answer 2

C

Question 3

Defendants in a case must:

A)take the witness stand and testify.
B)answer questions if they elect to take the witness stand.
C)be represented by counsel.
D)remain silent.

Answer 3

B

Question 4

Roles are clearly defined for both the prosecution and the defense because in the United States we have what type of legal system?

A)adversarial
B)contentious
C)federalist
D)accusatory

Question 5

The purposes of an investigator having a pretrial conference with the prosecutor include:

A)discussing probable lines of questioning.
B)predetermining answers to possible questions.
C)getting acquainted with the prosecuting attorney.
D)trying for a plea bargain.

Question 6

Which of the following terms refers to witnesses called by the prosecution to contradict testimony or evidence provided by the defense?

A)subpoena
B)exculpatory
C)surrebuttal
D)rebuttal

Question 7

The prosecutor is described by the text as the:

A)arbitrator.
B)gatekeeper of the court system.
C)mediator.
D)trier of facts.

Question 8

Redirect examination follows:

A)direct examination.
B)re-cross-examination.
C)cross-examination.
D)surrebuttal.

Question 9

Which of the following is contained in a final report?

A)the officer's final conclusion
B)photographs and sketches
C)summary of positive evidence
D)the officer's recommendation to the jury

Question 10

Once a report is written, the writer should:

A)file it.
B)evaluate it.
C)get prosecutorial approval.
D)give it to the prosecution and defense.

Question 11

Which of the following takes place last in a criminal trial?

A)opening statements
B)instructions to the jury
C)jury selection
D)presentation of the defense's case

Question 12

The Brady rule grew out of a landmark Supreme Court case that relates to the:

A)well of evidence.
B)discovery process.
C)rule on witnesses.
D)cross-examination.

Question 13

In order to be prosecuted, a case requires that the prosecutor is able to present:

A)a confession.
B)proof beyond a reasonable doubt.
C)proof of probable cause.
D)motive, means, and opportunity.

Question 14

Which of the following statements is true?

A)Defense attorneys will try to impeach the testimony of prosecution witnesses.
B)An officer who mishandles his or her testimony in court can be impeached from the investigation.
C)Any witness moving through the well can automatically be impeached by the judge.
D)A witness in court will be impeached if he or she does not look directly at the jury when testifying.

Question 15

Officers who are waiting to testify may speak to jurors or other witnesses as long as the communication is , such as a simple hello or the giving of directions.

A)de minimus
B)exculpatory
C)veneer
D)de facto

Question 16

If a case is exceptionally cleared, this means that:

A)no charges are being filed because the prosecutor did not share evidence with the defender.
B)the testimony of the officer was exceptional.
C)no charges are being filed because of something that happened outside the investigation.
D)the motion in limine was not upheld.

Question 17

At the pretrial conference with the prosecutor, investigators should do all EXCEPT which one of the following?

A)review all evidence
B)discuss strengths and weaknesses of the case
C)discuss the probable line of questioning by prosecutor and defense
D)ask the defendant if he or she "did it"

Question 18

The most important rule for eradicating fear of testifying in court is to always:

A)assist the prosecutor.
B)plan your testimony.
C)understand the case's problems.
D)tell the truth.

Question 19

Direct examination of witnesses is done by:

A)prosecution counsel only.
B)defense counsel only.
C)both prosecution and defense counsel.
D)the judge.

Question 20

Inadmissible statements include all EXCEPT which of the following forms of evidence?

A)opinions of witnesses
B)privileged communication
C)hearsay
D)direct evidence

Question 21

When officers are finished testifying, they should:

A)leave the stand.
B)leave the stand when dismissed.
C)conclude with a statement.
D)thank the jury.

Question 22

It is always acceptable for law enforcement officers to offer opinions and conclusions when testifying.

Question 23

A trial before a judge without a jury is referred to as a bench trial.

Question 24

The law is interpreted for the jurors by the bailiff.

Question 25

Most criminal cases must go to trial in order to be resolved.

Question 26

When asked for some type of measurement by either attorney, it is recommended that the officer either provide an approximation such as "I was approximately 45 feet away" or:

A)provide a range.
B)use a defensive tone.
C)employ hand gestures.
D)quote directly from the report.

Question 27

Videotaped testimony is never allowed, so trials must be postponed until all witnesses are able to appear in court.

Question 28

The "win" for an investigator who testifies is to have established credibility.

Question 29

Officers testifying during cross-examination should volunteer information whenever they have the opportunity to contribute.

Question 30

Officers who testify in court should:

A)dress appropriately and operate on their own time.
B)admit when they have made a mistake in the investigation.
C)admit when they don't know the answer to the question.
D)make direct eye contact with the defendant during testimony.

Question 31

When officers testify, it is advisable for them to admit:

A)any biases.
B)when they do not understand a question.
C)when they feel the question is inappropriate.
D)when they do not want to answer the question.

Question 32

Which of the following is a part of verbal communication?

A)words
B)documentation
C)attitude
D)evidence

Question 33

The case should not be discussed with any witnesses while waiting to testify at trial.

Question 34

Investigators should include a summary of all negative or exculpatory evidence developed during the investigation in a report to the prosecuting attorney.

Question 35

The prosecutor may choose not to prosecute if the complainant refuses to prosecute.

Question 36

A motion that requests the judge to issue a protective order against prejudicial questions or statements is called a motion to suppress.

Question 37

Officers and investigators should review all reports on the case prior to going to trial.

Question 38

In a criminal trial, the prosecution presents its case first.

Question 39

Statements about the defendant's criminal record and reputation as a law-breaker are inadmissible before a jury.

Question 40

An expert witness is a person who has special training, education, or experience in an area.

Question 41

Witnesses can be from the courtroom during a trial to prevent one witness from hearing
another witness's testimony.

Question 42

Briefly outline the usual sequence of events in a criminal trial.

Question 43

The _______________ process requires that the prosecution and the defense disclose to each other certain evidence they intend to use at trial.

Question 44

Gestures, eye movement, and facial expressions are all forms of communication.

Question 45

If the defense claims that your testimony does not agree with that of other officers, you should amend your testimony to eliminate possible jury perceptions of a disorganized and ineffective police department.

Question 46

What should an officer plan to discuss with the prosecutor at a pretrial conference?

Question 47

_______________ communication, such as saying hello or giving directions, is permissible while waiting to testify.

Question 48

Discuss the Brady rule and how it relates to evidence in a criminal trial.

Question 49

Nonverbal factors are typically unimportant when a person testifies in court.

Question 50

While testifying, an investigator should only refer to his or her notes to ensure consistency.

Question 51

_______________ examination is the initial questioning of a witness or defendant by the lawyer who is using the
person's testimony to further his or her case.

Question 52

Police officers are generally witnesses for the .

Question 53

The main goal for an officer who testifies is to establish _______________.

Question 54

To avoid objections to an officer's testimony, he or she should avoid drawing and making
nonresponsive answers.

Question 55

What mitigating circumstances might explain a case that is ultimately not prosecuted?

Question 56

The ________________ Amendment protects defendants against self-incrimination.

Question 57

List and explain or describe the types or kinds of statements that are inadmissible in court.

Question 58

Phrases such as "I believe" or "to the best of my recollection" may leave a negative impression on the jury.

Question 59

Law enforcement officers find it important to embellish testimony in many cases.

Question 60

_______________ witnesses are used by the defense to contradict the testimony or evidence presented by the prosecution.

Question 61

What are some of the tactics a defense attorney might use to cross-examine a prosecution witness?

Question 62

When should an investigator refer to his or her notes?

Question 63

What are the four strategies suggested in the text for excelling as a witness?

Question 64

The text details eight guidelines for effective testimony in court, the first of which is to "speak clearly, firmly, and with expression." List the other seven guidelines for effective testimony.

Question 65

When being cross-examined, how can an officer enhance his or her credibility in the eyes of the jury? Briefly outline some behaviors to avoid as well as some behaviors to display.

Question 66

How can an officer avoid objections to his or her testimony in court?

Question 67

Discuss the impact of Daubert v.Merrell Dow Pharmaceuticals, Inc., for expert witness testimony.

Question 68

Describe nonverbal factors connected with testimony.