Question 1

According to the authors, establishing that a crime has been committed and developing evidence to prove beyond a reasonable doubt that a particular individual is guilty of that crime are primary responsibilities of the:

A) first officer to arrive at the scene of the crime
B) prosecuting attorney
C) investigator
D) judge
E) jury

C

Accepted Answer

The primary responsibilities of an investigator include establishing that a crime has been committed and developing evidence to prove beyond a reasonable doubt that a particular individual is guilty of that crime. These tasks are essential for building a case that can be successfully prosecuted.

Question 2

At the trial stage, it is the responsibility of the _____________ to present the evidence in court.&#10;A) judge&#10;B) bailiff&#10;C) investigator&#10;D) prosecuting attorney&#10;E) first officer to arrive at the scene of the crime

Accepted Answer

The prosecuting attorney is responsible for presenting the evidence in court during the trial stage. They represent the government's case against the defendant and have the burden of proof to show that the defendant is guilty beyond a reasonable doubt. The judge presides over the trial, but is not responsible for presenting the evidence. The bailiff ensures the safety and security in the courtroom, but is not responsible for presenting the evidence. The investigator may have gathered the evidence, but is not responsible for presenting it in court. The first officer to arrive at the scene of the crime may have gathered initial evidence, but is not responsible for presenting it during the trial stage.

Question 3

Any tangible object or exhibit offered as proof is considered to be&#10;A) testimonial evidence&#10;B) real evidence&#10;C) direct evidence&#10;D) demonstrative evidence&#10;E) none of the above

Accepted Answer

Real evidence refers to tangible items or physical exhibits that are offered as evidence in court. This could include anything from murder weapons, to clothing worn by a victim, or even a document that pertains to the case. Real evidence is also commonly referred to as physical evidence.

Question 4

_______________ evidence can be a chart, drawing, model, illustration, or experiment offered to the court to prove the truth or falsity of the questions at issue.&#10;A) Testimonial&#10;B) Real&#10;C) Direct&#10;D) Demonstrative&#10;E) none of the above

Accepted Answer

Demonstrative evidence is physical evidence that illustrates or explains a point or fact at issue and is used to help the jury understand complex issues or events. It is different from testimonial evidence, which is spoken or written statements made by a witness under oath. Real evidence refers to physical objects or materials, such as a murder weapon, found at the scene of the crime. Direct evidence is evidence that directly proves a fact, without the need for inference or presumption.

Question 5

Evidence that, in itself, proves or refutes the fact at issue is considered to be&#10;A) testimonial evidence&#10;B) real evidence&#10;C) direct evidence&#10;D) demonstrative evidence&#10;E) none of the above

Accepted Answer

Direct evidence directly proves a fact without the need for any inference or presumption. It directly links to the fact at issue, such as an eyewitness testimony stating they saw the event happen.

Question 6

In a(n) ___________________ system of criminal justice, a person's guilt or innocence is decided by a judge.&#10;A) Anglican&#10;B) English&#10;C) common law&#10;D) organized&#10;E) inquisitorial

Accepted Answer

In an inquisitorial system of criminal justice, the judge takes an active role in investigating and gathering evidence, and ultimately decides the guilt or innocence of the accused. This is in contrast to an adversarial system (such as the common law system), where the guilt or innocence is determined by a jury of the defendant's peers based on the presentation of evidence by the prosecution and defense attorneys.

Question 7

Attorneys will use ____________________ when a question is unclear or confusing, improperly phrased, or argumentative.&#10;A) objection as to materiality&#10;B) objection as to form&#10;C) objection as to relevancy&#10;D) objection as to substance&#10;E) none of the above

Accepted Answer

Attorneys will use objection as to form when a question is unclear or confusing, improperly phrased, or argumentative. Objection as to materiality is used when the evidence being introduced isn't relevant to the case, and objection as to relevancy is used when the evidence being introduced isn't connected to the case. Objection as to substance doesn't exist as an official objection in court.

Question 8

___________________ is concerned with whether there is a connection between the evidence and the issue to be proved.&#10;A) Materiality&#10;B) Relevancy&#10;C) Proficiency&#10;D) Competency&#10;E) Rationality

Accepted Answer

Relevancy is concerned with whether there is a logical connection between the evidence and the issue to be proved. Materiality pertains to whether the evidence has any significance to the case, proficiency relates to the skill level of the witness, competency refers to whether the witness is legally qualified to testify, and rationality refers to the logical coherence of an argument.

Question 9

__________________ is concerned with whether the evidence is sufficiently important to influence the outcome of the issue being contested.&#10;A) Materiality&#10;B) Relevancy&#10;C) Proficiency&#10;D) Competency&#10;E) Rationality

Accepted Answer

Materiality is specifically concerned with the importance or significance of the evidence in relation to the issue at hand. While relevancy deals with whether the evidence is connected to the issue, materiality goes one step further to consider if the evidence is actually impactful enough to influence the final decision. Proficiency relates to the skill or expertise of a person, while competency involves the capability of a person to perform a given task. Rationality pertains to logic and reasoning. Therefore, among the choices given, materiality is the best option for the given question.

Question 10

According to the authors, an investigator who testifies in court can avoid giving ambiguous answers by&#10;A) reading directly from prepared notes&#10;B) performing a careful pretrial review of crime scene notes, sketches, photographs, and case reports&#10;C) refusing to answer questions that are harmful to the prosecution&#10;D) providing as little information as possible&#10;E) all of the above

Accepted Answer

Performing a careful pretrial review of crime scene notes, sketches, photographs, and case reports can help ensure that the investigator is fully prepared and knowledgeable about the case, thus allowing them to give clear and unambiguous answers in court. Reading directly from prepared notes can come across as rehearsed and may not allow for flexibility in responding to unexpected questions. Refusing to answer questions or providing as little information as possible may be seen as unhelpful, evasive, or suspicious.

Question 11

A question that in its very asking supplies an answer is known as a(n)&#10;A) leading question&#10;B) indirect question&#10;C) testimonial question&#10;D) direct question&#10;E) none of the above

Accepted Answer

The answer of A question that in its very asking...

Question 12

According to the authors, for all practical purposes, the rules of evidence are rules of __________________.&#10;A) inclusion&#10;B) prior court decisions&#10;C) legislative enactments&#10;D) agreeability&#10;E) exclusion

Accepted Answer

The answer of According to the authors, for all practical...

Question 13

The only classifications for evidence are: testimonial, real, and demonstrative.

Accepted Answer

The answer of The only classifications for evidence are: testimonial,...

Question 14

According to the authors, if a prosecutor and investigator do not work together as a team, the presentation of the facts of the case will be adversely affected.

Accepted Answer

The answer of According to the authors, if a prosecutor...

Question 15

Evidence is anything a judge will permit to be offered in court to prove the truth or falsity of the question(s) at issue.

Accepted Answer

The answer of Evidence is anything a judge will permit...

Question 16

The Anglican system of criminal justice was inherited from England and is operative in the United States.

Accepted Answer

The answer of The Anglican system of criminal justice was...

Question 17

The rules of evidence have been changed only by court decisions.

Accepted Answer

The answer of The rules of evidence have been changed...

Question 18

As a general rule, evidence will not be excluded if neither prosecution nor defense makes an objection to its admission.

Accepted Answer

The answer of As a general rule, evidence will not...

Question 19

Evidence based on privileged communication is admissible into court.

Accepted Answer

The answer of Evidence based on privileged communication is admissible...

Question 20

The authors do not consider it important for investigators to have the ability to articulate the investigative activities leading to the indictment of the defendant.

Accepted Answer

The answer of The authors do not consider it important...

Question 21

In a criminal trial, the prosecution has the burden of proof beyond a reasonable doubt, while the defense tries to convince the court of the state's failure to do so.

Accepted Answer

The answer of In a criminal trial, the prosecution has...

Question 22

Leading questions are permitted during direct examination but are not permitted during cross-examination.

Accepted Answer

The answer of Leading questions are permitted during direct examination...

Deck 12: Evidence and Effective Testimony