Deck 15: The Presentation of Evidence

Question 1

The ______ is supposed to make sure that the rules of the court process are enforced fairly.

A) defense attorney
B) prosecuting attorney
C) judge
D) jury

Answer 1

judge

Question 2

With regard to the trial process, which of the following statements is NOT true?

A) Defense attorneys do not have to prove anything to win.
B) The burden of proof is entirely on the prosecution.
C) The prosecution has to share all of the evidence collected in the case with the defense counsel.
D) The prosecution team is usually at an advantage.

Answer 2

The prosecution team is usually at an advantage.

Question 3

Because of their elected position and fear of being soft-on-crime criticism, some judges may be biased in favor of the ______.

A) jury
B) defense attorney
C) prosecution
D) witnesses

Answer 3

prosecution

Question 4

Investigative reports are frequently used by ______ in the cross-examination of police officers.

A) defense attorneys
B) judges
C) prosecutors
D) Juries

Question 5

Lay witnesses ______.

A) can testify as to their actions and observations
B) can express their opinions in court
C) are usually compensated for their testimony
D) most often provide unreliable testimony

Question 6

Expert witnesses ______.

A) can testify as to their actions and observations
B) can express their opinions in court
C) are usually compensated for their testimony
D) most often provide unreliable testimony

Question 7

Questioning the quality of an investigator's reports, questioning the legality of an investigator's actions, questioning statements of fact, and calling into question an investigator's honesty and credibility are ______.

A) methods of impeaching the investigator witness
B) not legal
C) methods of taking advantage of an inexperienced investigator
D) not ethical

Question 8

Bad investigations produce ______, which may contribute to bad outcomes.

A) bad evidence
B) bad leads
C) bad press
D) Bad arrests

Question 9

In nearly every case where there was a false conviction (excluding homicides), inaccurate ______ played a role in the outcome.

A) investigative reports
B) confessions
C) DNA evidence
D) eyewitness identifications

Question 10

The goal of the cross-examination is to ______ the witness.

A) intimidate
B) sympathize with
C) impeach
D) have everyone believe the testimony of

Question 11

Which of the following is NOT true about lay witnesses?

A) They may provide perjured testimony because of a desire to gain revenge.
B) They may provide perjured testimony to protect someone else.
C) They may provide perjured testimony to disguise their own illegal behaviors.
D) They may provide perjured testimony because they hate cops.

Question 12

In which of the following situations is an investigator NOT required to provide testimony?

A) a deposition
B) a preliminary hearing
C) a trial
D) a voir dire

Question 13

Investigators should ______.

A) comment on a defendant's criminal record
B) use a defendant's use or nonuse of their Miranda rights as evidence
C) use a defendant's attempts to negotiate a plea bargain as evidence
D) not provide testimony on evidence that has been ruled inadmissible by the judge

Question 14

Investigators should NOT ______.

A) tell the truth
B) be prepared
C) stick to the facts
D) tell as much as possible

Question 15

A ______ is a proceeding that does NOT occur in court and is before a trial. It provides an attorney an opportunity to ask questions of a witness before the case goes to trial.

A) deposition
B) preliminary hearing
C) plea bargain
D) voir dire

Question 16

A ______ is a jury selection process.

A) deposition
B) preliminary hearing
C) plea bargain
D) voir dire

Question 17

Investigator testimony is a form of ______.

A) lay witness testimony
B) expert witness testimony
C) examination
D) cross-examination

Question 18

Regarding scientific opinions, which of the following is TRUE?

A) They are one-sided.
B) They are simple when explained by experts.
C) They are hired or compensated for their testimonies.
D) They are mostly based on personal opinions.

Question 19

Which of the following is NOT true about defense attorney misconduct?

A) They have small caseloads because they frequently use plea bargains.
B) They may take defenses too far, like comparing a witness to Hitler.
C) Their misconduct can be detrimental to the game of justice.
D) An unjust outcome may result from the defense not testing the prosecution's evidence.

Question 20

Which of the following is NOT true about police misconduct?

A) The police may engage in sloppy evidence collection procedures.
B) Police misconduct may be widely publicized.
C) Perceived misconduct is not enough to discredit an officer in court.
D) It is relatively common in the interviewing of witnesses and the collection of evidence.

Question 21

The court process has several key players in the game of justice. Which of the following is NOT one of them?

A) defense attorneys
B) judges
C) prosecuting attorneys
D) court reporters

Question 22

Which of the following is NOT true regarding the adversarial process?

A) Defense attorneys do not have to prove anything to win the game of justice as their only job is to discredit witnesses and provide alternative explanations.
B) Judges have to share their interpretations of evidence with the jury when the jury is confused during deliberations.
C) Prosecuting attorneys have the burden of proof in a trial and have a lot of resources available to them.
D) Police officers and investigators are often tested by defense attorneys in the process.

Question 23

______ is when an innocent person receives a conviction or a guilty person is set free.

A) An exoneration
B) A miscarriage of justice
C) A deposition
D) An impeachment

Question 24

When investigators testify in court they should never ______.

A) voice their opinion
B) be prepared
C) stick to the facts
D) be professional

Question 25

What is not one of the steps of a typical trial?

A) arrest of the offender
B) opening statements of prosecution and defense attorneys
C) voir dire
D) jury selection

Question 26

It is the role of investigators to make sure that the person who was arrested is found guilty in the court of law.

Question 27

The role of the defense attorney in court is to probe, test, and question the evidence presented by the prosecutor.

Question 28

When a vigorous defense is provided by the defense counsel, it is a guarantee that fairness and justice will prevail.

Question 29

Only innocent defendants are legally entitled to a vigorous test of evidence.

Question 30

Police misconduct and incompetence are common in false conviction cases.

Question 31

The U.S. Constitution requires that those individuals accused of crimes be afforded legal counsel and are provided a vigorous defense.

Question 32

Ideally, the role of the expert witness in court is to be an impartial educator.

Question 33

The purpose of a cross-examination of an investigator is to convince the jury that the investigator should not be believed.

Question 34

Inept juries may lead to wrongful convictions because they determine the outcomes based solely on emotions.

Question 35

Lay witnesses cannot testify on their opinions.

Question 36

A jury trial is when a jury determines the verdict, not a judge.

Question 37

Why is the documentation and presentation of evidence in court important to criminal investigations?

Question 38

Name the steps to a typical trial.

Question 39

What are some strategies for defense attorneys wishing to impeach a witness?

Question 40

Define a lay witness. Define an expert witness.

Question 41

Discuss and analyze the guidelines for investigators to follow during testimonies in court.