Deck 6: Witnesses

Question 1

Expert witnesses may only testify about tests that they personally conducted.

Answer 1

False

Question 2

A mental evaluation will be conducted if there is a question about the competency of a person who is being called to testify as a witness at trial.

Answer 2

False

Question 3

Any experienced gun collector can testify as a ballistics expert.

Answer 3

False

Question 4

Impeachment is an attempt to discredit a witness.

Question 5

In some situations, the witness's physical disabilities can be used to impeach.

Question 6

A witness can be impeached if he/she has previously made statements that are inconsistent with what the witness said during direct examination..

Question 7

An attorney is allowed to have an expert to testify about results from a scientific test only if the test has been approved by the state's Judicial Council.

Question 8

Corroborative evidence merely restates what has already been introduced into evidence.

Question 9

Witnesses who are impeached for lying while testifying are immediately removed from the stand.

Question 10

Expert witnesses are allowed to state their professional opinions.

Question 11

An attorney is not allowed to call an expert witness if the jurors are capable of evaluating the evidence without the assistance of an expert.

Question 12

Prior felony convictions can be used to impeach a witness.

Question 13

A hypothetical question asks an expert to state the hypothesis upon which a scientific test is based.

Question 14

A lay witness is only allowed to testify about events he/she personally observed with the five senses.

Question 15

An expert witness who frequently testifies for the prosecution but rarely for the defense can be impeached for bias.

Question 16

Witnesses can be impeached only if they are biased or prejudiced against the defendant.

Question 17

Children under 7 are never considered competent to testify at a criminal trial.

Question 18

Statements made by a person who is not available at trial for cross examination are never admissible in a criminal trial.

Question 19

Documents written by a witness are admissible only if needed to corroborate the witness's testimony.

Question 20

Rehabilitation occurs at trial only if the witness was impeached.

Question 21

In which of the following situations is a lay witness allowed to give an opinion?

A) identification of someone's handwriting
B) voice identification
C) general statement about speed of a car
D) all of these

Question 22

A witness can be impeached for having committed a crime in the recent past even though it did not result in a conviction:

A) only if criminal charges are pending.
B) only if crime is perjury.
C) if it would be considered an immoral act.
D) never

Question 23

Reputation can be used to impeach:

A) if witness has a reputation for being dishonest.
B) if witness has a reputation for being immoral.
C) if witness has a bad reputation in general.
D) reputation can NOT be used to impeach.

Question 24

The ABO blood typing system is currently used in criminal trials:

A) to exclude a person as a suspect because his/her blood does not match the ABO type of blood found at the crime scene.
B) to conclusively establishes that the blood found at the scene of the crime came from the suspect.
C) to confirm DNA testing correctly identified the perpetrator of the crime.
D) ABO blood typing is no longer admissible in criminal court

Question 25

In order to be allowed to testify as an expert witness, the person must:

A) have knowledge of the subject based on education and/or experience.
B) have a graduate degree in the subject.
C) have worked in the field for at least 5 years.
D) all of these are required

Question 26

Impeachment of a witness is conducted by the:

A) attorney who called the witness.
B) attorney who is cross examining the witness.
C) judge.
D) jury.

Question 27

When the Present Memory Refreshed Rule is used, what is the witness allowed to use to help him/her recall events observed at the time the crime was committed?

A) the report a police officer wrote
B) notes the witness took at the time
C) a newspaper story about the crime
D) all of these can be used to refresh memory

Question 28

A witness who has been impeached by prior inconsistent statements can be rehabilitated by showing:

A) the statement was taken out of context.
B) an error in recording the statement.
C) a reputation for telling the truth.
D) all of these can be used to rehabilitate a witness

Question 29

A person testifying as a ballistic expert can testify that:

A) pattern of lands and groves indicates the bullet was fired from the defendant's gun.
B) tests indicate the defendant fired the bullet that killed the victim.
C) the ownership of the gun that was tested.
D) a ballistic expert would be allowed to testify to all of these

Question 30

Expert witnesses can be impeached:

A) only during voir dire.
B) only if it can be proven they falsified the test results.
C) only if they lied about their education and/or experience in the field.
D) in the same manner as lay witnesses.

Question 31

Which of the following is NOT a requirement to be allowed to testify at trial?

A) understand the duty to tell the truth
B) be able to narrate the events in question
C) be at least 7 years old
D) All of these are requirements for a witness to testify at trial

Question 32

When Past Recollection Recorded is used at trial, the witness who made a report must testify:

A) to no memory of incident or making the report.
B) insufficient memory of incident or making the report.
C) insufficient memory of the incident but has knowledge indicating the report is accurate.
D) knowledge indicating that the report is accurate.

Question 33

Portions of a confession that were obtained in violation of Miranda can be used to impeach:

A) never
B) whenever the person who made the confession takes the witness stand.
C) if the defendant who made the confession takes the witness stand and makes inconsistent statements.
D) only if the witness admits making the statement.

Question 34

Bias or prejudice can be shown by:

A) friendship.
B) racism.
C) having a financial interest in the outcome of the case.
D) all of these can be used to show bias or prejudice

Question 35

When an attorney is laying the foundation for an expert witness, the attorney must establish that:

A) the jury needs the help of an expert in order to understand facts of the case.
B) the expert has previously testified at trial.
C) the expert has at least 5 years of experience in the field.
D) all of these must be established

Question 36

In order to answer a hypothetical question:

A) the witness must have examined all of the evidence.
B) the physical evidence included in the hypothetical question must have been introduced into evidence.
C) the witness must have a Ph.D. in the field that applies to the question.
D) all of these are required

Question 37

Young children are allowed to testify at trial only if:

A) their age can be verified.
B) they understand the difference between fact and fantasy.
C) the child is the only witness to the crime being prosecuted.
D) a parent or guardian is present to protect their rights.

Question 38

Which of the following would be grounds to prevent a person from testifying at a criminal trial?

A) prior perjury conviction
B) person lied to police during investigation of case
C) extreme bias toward one side
D) none of these

Question 39

In most states, if a psychiatrist testifies as an expert in a case where the defendant entered a plea of Not Guilty by Reason of Insanity, he/she may give:

A) professional opinion that defendant is insane.
B) description of how mental illness likely effected the defendant's behavior.
C) personal opinion that the defendant is not responsible for his/her actions.
D) all of these

Question 40

Which of the following is NOT a factor that can be used to impeach a witness?

A) bias or prejudice
B) inability to observe
C) reputation
D) none of these can be used to impeach a witness

Question 41

Tom is on trial for robbery. The prosecution called two witnesses:
· Karen testified that she was on duty as a cashier at a Hamburger Haven, a drive-thru fast food restaurant, when Robbie drove up to her window. She claimed he aimed a large gun in her face and demanded all the money in the cash drawer. Karen testified that she fainted and when she awoke the police told her that someone took all the money.
· Lonnie testified that he was at the grill preparing burgers and fries when he heard a man say something about money and Karen screaming. When he looked up, he saw what he believed was a blue Ford driving away. He said that the car "laid rubber" going around the curve in the exit drive-way. Which of the following, if established at trial, could be used to impeach Karen?

A) She has bad eyesight and did not get a good look at the robber's face.
B) She is new at her job and afraid her boss will think she stole the money.
C) She has a prior felony conviction for theft.
D) All of these can be used to impeach Karen.

Question 42

Tom is on trial for robbery. The prosecution called two witnesses:
· Karen testified that she was on duty as a cashier at a Hamburger Haven, a drive-thru fast food restaurant, when Robbie drove up to her window. She claimed he aimed a large gun in her face and demanded all the money in the cash drawer. Karen testified that she fainted and when she awoke the police told her that someone took all the money.
· Lonnie testified that he was at the grill preparing burgers and fries when he heard a man say something about money and Karen screaming. When he looked up, he saw what he believed was a blue Ford driving away. He said that the car "laid rubber" going around the curve in the exit drive-way. Should Lonnie be allowed to testify about how fast the blue Ford was driving?

A) Yes, he saw the car drive away.
B) Yes, he can testify that the car "laid rubber" but he cannot give an estimate of the vehicle's speed.
C) Yes he can because he sees many cars drive on that driveway every day.
D) No, only an expert witness can testify about how fast a car was going.

Question 43

Explain what lay witnesses are allowed to testify about. Give 3 examples of what lay witness would be allowed to testify about and 3 things that would not be allowed.

Question 44

Allan is on trial for murder and entered a plea of Not Guilty By Reason of Insanity. The judge needs to decide if the following witnesses should be allowed to testify:
•Mike, Ian's neighbor, who claims he has seen Ian on at least six occasions standing alone on the balcony of his apartment yelling and ranting as if addressing a large audience but no one is there.
•Dr) Nora, a board certified psychiatrist who has reviewed the file but never examined Ian.
•Oswald, an emergency room employee, who treated Ian for numerous self-inflicted injuries the day before Ian killed the victim in this case. Oswald asked Ian about the injuries, and Ian told him, "The devil made me do it!" Should Dr. Nora be allowed to answer hypothetical questions?

A) Yes, all witnesses are allowed to answer hypothetical questions.
B) Yes, she should be allowed to give her professional opinion because she is a board certified psychiatrist and has reviewed the file.
C) No, only experts who have conducted clinical interviews are allowed to answer hypothetical questions.
D) No, hypothetical questions are not allowed in criminal trials.

Question 45

Becky, age 4, told Mommy that Willie, her 50 year-old neighbor, touched her. When Mommy asked Becky where he did, Becky pointed to her crotch. A physical examination showed no injuries. Assuming that the state where this crime occurred follows the Daubert rule, can the prosecution call a child psychologist to testify about behavior of children who have been sexually molested?

A) Only if the trial judge is convinced that the research is valid.
B) Only if the state's Judicial Council has made a finding that this type of research is valid.
C) Only if the professional psychological community recognizes that the research is valid.
D) No, the physical exam indicated that there were no injuries.

Question 46

Who is competent to be a witness at trial? How is the competency of a witness established at trial? Give 2 examples.

Question 47

Becky, age 4, told Mommy that Willie, her 50 year-old neighbor, touched her. When Mommy asked Becky where he did, Becky pointed to her crotch. A physical examination showed no injuries. Will Becky be allowed to testify at trial?

A) No, she is under the age of 7.
B) No, she is unable to give a verbal narrative of what happened.
C) Yes, as long as she can communicate with the jury.
D) Yes, crime victims are always allowed to testify at criminal trials.

Question 48

Allan is on trial for murder and entered a plea of Not Guilty By Reason of Insanity. The judge needs to decide if the following witnesses should be allowed to testify:
•Mike, Ian's neighbor, who claims he has seen Ian on at least six occasions standing alone on the balcony of his apartment yelling and ranting as if addressing a large audience but no one is there.
•Dr) Nora, a board certified psychiatrist who has reviewed the file but never examined Ian.
•Oswald, an emergency room employee, who treated Ian for numerous self-inflicted injuries the day before Ian killed the victim in this case. Oswald asked Ian about the injuries, and Ian told him, "The devil made me do it!" Should Mike be allowed to testify?

A) Yes, he can testify as a lay witness and describe what he saw.
B) Yes, he can testify as a law witness and give his opinion that Ian had mental problems.
C) No, only mental health professionals can testify when the defendant is trying to establish Not Guilty by Reason of Insanity.
D) No, the only information from clinical interviews is admissible when the defendant is trying to establish Not Guilty by Reason of Insanity.

Question 49

Tom is on trial for robbery. The prosecution called two witnesses:
· Karen testified that she was on duty as a cashier at a Hamburger Haven, a drive-thru fast food restaurant, when Robbie drove up to her window. She claimed he aimed a large gun in her face and demanded all the money in the cash drawer. Karen testified that she fainted and when she awoke the police told her that someone took all the money.
· Lonnie testified that he was at the grill preparing burgers and fries when he heard a man say something about money and Karen screaming. When he looked up, he saw what he believed was a blue Ford driving away. He said that the car "laid rubber" going around the curve in the exit drive-way. Assume for this question: During cross examination of Karen, the defense established that she was frightened by the gun and did not get a look at the driver's face and that she did not see anyone take money because she had fainted. What can the prosecution use to rehabilitate Karen?

A) Provide documentation that Karen successfully complete a residential drug rehab program.
B) Introduce Lonnie's testimony as corroborative evidence.
C) Use re-direct examination to ask Karen the same questions so the jury will be clear about her testimony.
D) All of these can be done to rehabilitate Karen.

Question 50

Allan is on trial for murder and entered a plea of Not Guilty By Reason of Insanity. The judge needs to decide if the following witnesses should be allowed to testify:
•Mike, Ian's neighbor, who claims he has seen Ian on at least six occasions standing alone on the balcony of his apartment yelling and ranting as if addressing a large audience but no one is there.
•Dr) Nora, a board certified psychiatrist who has reviewed the file but never examined Ian.
•Oswald, an emergency room employee, who treated Ian for numerous self-inflicted injuries the day before Ian killed the victim in this case. Oswald asked Ian about the injuries, and Ian told him, "The devil made me do it!" What will happen if the judge holds a voir dire hearing prior to deciding if Dr. Nora is qualified to testify?

A) Prosecution and defense will ask Dr. Nora questions so the judge can evaluate whether she is qualified to testify as an expert in this case.
B) Judge will read all of the reports she wrote for the prosecution and/or the defense to make sure she is not biased.
C) The judge will attempt to impeach Dr. Nora.
D) All of these will happen at the voir dire hearing.

Question 51

Explain two ways to introduce testimony if the witness claims to have no memory of the incident.

Question 52

Allan is on trial for murder and entered a plea of Not Guilty By Reason of Insanity. The judge needs to decide if the following witnesses should be allowed to testify:
•Mike, Ian's neighbor, who claims he has seen Ian on at least six occasions standing alone on the balcony of his apartment yelling and ranting as if addressing a large audience but no one is there.
•Dr) Nora, a board certified psychiatrist who has reviewed the file but never examined Ian.
•Oswald, an emergency room employee, who treated Ian for numerous self-inflicted injuries the day before Ian killed the victim in this case. Oswald asked Ian about the injuries, and Ian told him, "The devil made me do it!" Should Oswald be allowed to testify about Ian's statement, "The devil made me do it!"?

A) Yes, Oswald can testify as a lay witness and state what he heard Ian say.
B) Yes, Oswald was working in the emergency room so he qualifies as an expert witness.
C) No, Oswald can only testify in this kind of case if he is a board certified psychiatrist.
D) No, Oswald should not be allowed to testify because the event he was involved in did not happen on the day of the crime.

Question 53

What does it mean to impeach a witness? To rehabilitate a witness? Give three examples of impeachment and appropriate ways to rehabilitate a witness who has been impeached by the methods you describe.

Question 54

Becky, age 4, told Mommy that Willie, her 50 year-old neighbor, touched her. When Mommy asked Becky where he did, Becky pointed to her crotch. A physical examination showed no injuries. Can the defense impeach Becky if she testifies at trial?

A) No, only expert witnesses can be impeached.
B) No, only individuals who are not telling the truth can be impeached at trial.
C) No, the defense can try to show that Becky is not competent to be a witness at a voir dire hearing, but if the judge roles she is a competent witness she cannot be impeached.
D) Yes, the defense is entitled to try to impeach all prosecution witnesses.

Question 55

Explain what an attorney must do prior to introducing testimony of an expert witness.