Deck 6: Evidence

Question 1

Scientific evidence has increasingly been entering courtrooms.

Answer 1

True

Question 2

The evidence-based crime policy movement demands rigorous and replicated empirical evidence of effectiveness.

Answer 2

True

Question 3

As long as people have good intentions, crime policies will be effective.

Answer 3

False

Question 4

As criminal justice professionals, we must trust that evidence is reliable.

Question 5

Which of the following is not a guideline for producing evidence-based communications?

A) Evaluate evidence before using it.
B) Let evidence speak for itself.
C) Identify where evidence is needed.
D) Determine what evidence is needed.

Question 6

____ is proof; it is that which justifies a claim.

A) Logic
B) Speculation
C) Evidence
D) Faith

Question 7

We should provide evidence whenever we make an arguable assertion.

Question 8

The evidence we present reflects on us: We look good when we use strong sources, but we look bad when we use weak sources.

Question 9

A claim of ____ asserts that a condition has (or has not) existed, exists (or does not exist), or will (or will not) exist.

A) opinion
B) value
C) policy
D) fact

Question 10

A claim of ____ argues that one condition is better than another (or other) conditions.

A) opinion
B) value
C) policy
D) fact

Question 11

A claim of ____ asserts that some condition should (or should not) exist.

A) opinion
B) value
C) policy
D) fact

Question 12

Claims of value also involve claims of fact, while claims of policy also involve claims of value and of fact.

Question 13

Claims of policy are the simplest to resolve.

Question 14

Which of the following is not a subtype of fact claim identified in Chapter 6?

A) causation
B) definition
C) vocation
D) classification

Question 15

To argue a claim of value, we have to start by….

A) identifying criteria.
B) determining our own views.
C) collecting evidence.
D) evaluating evidence.

Question 16

To argue a claim of policy requires that we provide evidence of the effectiveness of the recommended action, preferably presenting a cost-benefit analysis.

Question 17

To prove a claim of value or policy, we first have to identify objective criteria upon which to base judgment.

Question 18

A(n) ____ is the origin of some information.

A) foundation
B) source
C) perception
D) introspection

Question 19

____ refers to proof that originates outside of the communication offering it as substantiation of some claim.

A) Criminal evidence
B) Legal evidence
C) Source evidence
D) Foundational evidence

Question 20

Where a(n) ____ source is the original source of some piece of information, a(n) ____ source is not the original source of some piece of information.

A) initial, subsequent
B) subsequent, initial
C) secondary, primary
D) primary, secondary

Question 21

Primary sources are more vulnerable to error than are primary sources.

Question 22

All else equal, primary sources are superior to secondary sources.

Question 23

Which of the following is advised when using a secondary source? Select all that apply.

A) Avoid mischaracterizing a secondary source as a primary source.
B) Phrase your conclusions with more confidence than if you had been using a primary source.
C) Have a legitimate reason for using a secondary source.
D) Do not use secondary sources that are translations (i.e., in a different language than the primary source.

Question 24

A secondary source is a firsthand account.

Question 25

Which of the following is not an example of a primary source?

A) encyclopedia reports
B) historical documents
C) empirical research reports
D) court testimony transcripts

Question 26

____ is a purposeful, systematic investigation designed to increase knowledge.

A) Human inquiry
B) Research
C) Reflection
D) Inspection

Question 27

Too many citations weaken a paper and increase the potential for plagiarism.

Question 28

Whereas ____ research is based on information that already exists, ____ is based on unique observations of the real world.

A) direct, indirect
B) indirect, direct
C) nonempirical, empirical
D) empirical, nonempirical

Question 29

Nonempirical research can be primary or secondary research.

Question 30

All else equal, empirical research is superior to nonempirical research.

Question 31

We should use language that distinguishes between empirical and nonempirical research sources.

Question 32

Nonempirical research is based on existing information, while empirical research is based on original observations of the real world.

Question 33

Which of the following is not an example of empirical research?

A) reports of experimental results
B) findings from surveys
C) focus group interviews
D) literature reviews

Question 34

All else equal, popular and sensational sources are superior to professional and substantive sources.

Question 35

____ is the process whereby subject-matter and/or methodological experts in the field review a paper for strengths and weaknesses, screening out flawed studies so that only the strongest studies are published.

A) publication
B) manuscript submission
C) prepublication
D) peer review

Question 36

Which of the following is not a characteristic of professional sources?

A) References are always included.
B) The authors are academics, scientists, and experts.
C) Their purpose is to entertain.
D) The articles have been peer-reviewed by other scholars in the field.

Question 37

Which of the following are characteristics of popular or sensational sources? Check all that apply.

A) Their purpose is to entertain and/or inform.
B) The audience is the general reader and/or the less well-educated.
C) Sources are rarely if ever cited.
D) The articles have been peer-reviewed by other scholars.

Question 38

____ is proof of or relating to law-breaking behavior.

A) criminal evidence
B) criminal trial
C) crime
D) deviance

Question 39

____ is tangible and can be observed in the courtroom using the five senses.

A) real evidence
B) demonstrative evidence
C) testimonial evidence
D) documentary evidence

Question 40

____ is a substitute for real evidence-some representation of real evidence.

A) real evidence
B) demonstrative evidence
C) testimonial evidence
D) documentary evidence

Question 41

Weapons, drugs, and bloodstains are examples of ____ evidence.

A) documentary
B) demonstrative
C) real
D) testimonial

Question 42

Photographs, simulations, and reenactments are examples of ____ evidence.

A) documentary
B) demonstrative
C) real
D) testimonial

Question 43

____ evidence is what people say.

A) real evidence
B) demonstrative evidence
C) testimonial evidence
D) documentary evidence

Question 44

____ evidence is what people have written.

A) real evidence
B) demonstrative evidence
C) testimonial evidence
D) documentary evidence

Question 45

Demonstrative, testimonial, and documentary evidence are considered primary evidence, while real evidence is considered secondary evidence.

Question 46

Primary evidence is considered less vulnerable to error than secondary evidence.

Question 47

____ witnesses have some scientific, technical, or specialized knowledge pertaining to the case, while ____ witnesses have some personal knowledge relevant to the case.

A) material, immaterial
B) substantive, immaterial
C) lay, expert
D) expert, lay

Question 48

Primary documents are to be used instead of secondary documents unless there is a legitimate reason for using secondary or duplicate documents.

Question 49

____ evidence substantiates some fact by itself with near certainty, while ____ evidence substantiates some fact indirectly.

A) real, demonstrative
B) direct, circumstantial
C) demonstrative, real
D) circumstantial, direct

Question 50

Direct evidence is considered superior to circumstantial evidence.

Question 51

Most criminal evidence is direct evidence.

Question 52

Circumstantial evidence is more convincing than direct evidence.

Question 53

In the criminal justice system, a(n) ____ is a conclusion reached on the basis of established or accepted facts.

A) presumption
B) proposition
C) judicial notice
D) case fact

Question 54

In the criminal justice system, a(n) ____ is a conclusion reached on some basis other than the formal evidentiary process.

A) presumption
B) proposition
C) judicial notice
D) case fact

Question 55

If a fact is judicially noted, then it is contested by the other side.

Question 56

Where a presumption is a substitute for evidence, judicial notice is a shortcut for evidence.

Question 57

The notion that defendants are innocent until proven guilty is an example of a judicially noticed fact.

Question 58

Strong evidence is relevant and credible.

Question 59

The two dimensions of evidence evaluation are evaluating a single piece of evidence and evaluating the total evidence.

Question 60

Which of the following is not one of the tests for determining whether a single piece of evidence can or should be used, as presented in Chapter 6?

A) value versus risk
B) relativity
C) ethical acquisition
D) materiality

Question 61

In the criminal justice system, habeas corpus guards against the use of evidence that has been illegally obtained.

Question 62

____ refers to a piece of evidence's usefulness in proving the truth or falsity of the claim for which it is offered as proof.

A) positive valence
B) inverse application
C) appositive virtue
D) probative value

Question 63

If a piece of evidence is relevant and material, then that piece of evidence necessarily has high probative value.

Question 64

The best evidence rule values primary sources over secondary and duplicate sources.

Question 65

The weaknesses of one piece of evidence can be overcome by strengths of other evidence.

Question 66

____ refers to all available relevant evidence.

A) Population statistics
B) Burden of proof
C) Total evidence
D) Standard of proof

Question 67

____ means the obligation to provide evidence to prove what is being asserted.

A) Witness subpoena
B) Burden of proof
C) Standard of proof
D) Good citizen imperative

Question 68

If no evidence was presented, the court would rule in favor of the defendant, because the prosecution would have failed to meet its burden of proof.

Question 69

____ is the level of probability necessary to conclude that enough evidence has been presented to prove a claim.

A) Motion to suppress
B) Burden of proof
C) Standard of proof
D) Credulity calculus

Question 70

In our legal system, as the risk of making the wrong decision increase (esp. wrongful conviction), the standard of proof increases.

Question 71

Evidence leads directly to a claim, which is why we should let evidence speak for itself rather than describing how it supports the claim.

Question 72

The legal proof standard of "clear and convincing evidence" means that the evidence must be sufficient to remove any reasonable doubt as to the truth of the claim.

Question 73

The legal proof standard of "preponderance of the evidence" means that the evidence must make it more likely that the claim is true than that the claim is not true.

Question 74

Which of the following is not a strategy for explaining evidence?

A) Introduce each piece of evidence.
B) Omit from your explanation any evidence limitations or contradictory evidence.
C) Summarize the total evidence and how it satisfactorily proves each claim.
D) Link each piece of evidence to the claim for which it is offered as proof.

Question 75

A(n) ____ is a formal document that communicates the results of the author's purposeful, systematic investigation of a topic.

A) term paper
B) discussion post
C) reflective essay
D) research paper

Question 76

Research papers can be informative or persuasive.

Question 77

Informative papers do not present arguments, and hence they do not contain claims of fact.

Question 78

An informative paper begins with a thesis statement.

Question 79

The more controversial the issue, the more and the stronger evidence you may need to succeed in convincing your audience.

Question 80

It is poor practice to cite, or, worse, quote, a standard dictionary in a research paper.