Deck 22: The Trial Process and the Investigator As a Witness

Question 1

Which of the following statement(s)about Crawford v Washington (2004)is/are correct?

A) Some hearsay evidence, that which contains "testimonial" statements is inadmissible in a criminal prosecution if the original declarant is unavailable to testify.
B) With this decision, the court unraveled many years of judicial precedents that justified many of the exceptions on the basis of trustworthiness and reliability.
C) In the years since the Crawford decision, many federal and state cases have been decided and many of the decision have conflicted with each other.
D) All of the preceding are correct.

Answer 1

D

Question 2

Once questioning of potential jurors has been completed,what is the challenge that may be used for any reason,except race or gender,to excuse a prospective juror?

A) Challenge for cause.
B) Challenge for bias.
C) Peremptory challenge.
D) Executive challenge.

Answer 2

C

Question 3

The type of evidence by which an unknown fact is inferred from a series of known facts is called

A) direct evidence.
B) demonstrative evidence.
C) circumstantial evidence.
D) opinion evidence.

Answer 3

C

Question 4

In a civil suit,the party wronged is the plaintiff.What is the burden of proof necessary to win a civil case?

A) Proof beyond a reasonable doubt.
B) Preponderance of the evidence.
C) Probable cause.
D) Reasonable suspicion.

Question 5

After the defense rests its case,the prosecution has an opportunity for

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

Question 6

An individual who testifies in court and who possesses special skills or knowledge not ordinarily possessed by others,acquired through experience,study,observation,or education and who is permitted to interpret such information for the jury,give opinions and draw conclusions is called

A) a lay witness.
B) a police officer.
C) an expert witness.
D) a forensic scientist.

Question 7

Which of the following statements about probable cause is correct?

A) Once probable cause has been established, an arrest must be made.
B) Probable cause has been established, now proof beyond a reasonable doubt must be affirmed before an arrest is made.
C) The fact that probable cause exists does not require an arrest be made at that moment.
D) Absent probable cause, an arrest warrant must be obtained prior to making an arrest.

Question 8

The most important characteristic of a good witness is

A) not to show nervousness.
B) to adequately investigate the case.
C) to be prepared.
D) to anticipate the kind of tactics the defense attorney will use in cross-examination.

Question 9

At what point in the trial process does the judge have the responsibility of instructing the jury on law applicable to the case and of advising the jury of its responsibilities?

A) After the juror have been sworn in but before opening statements.
B) After the prosecution and defense have presented their case.
C) Before closing statements.
D) After closing statements.

Question 10

The responsibility of the prosecution to establish guilt beyond and to the exclusion of every reasonable doubt is called the

A) burden of proof.
B) burden of going forward with evidence.
C) preponderance of evidence.
D) order of proof.

Question 11

A command to an individual to appear in court and to bring certain records or documents in his or her possession is called a

A) subpoena.
B) subpoena duces tecum.
C) summons.
D) complaint.

Question 12

Who carries the burden of going forward with evidence in a trial?

A) Prosecution.
B) Defense.
C) Judge.
D) Court officials.

Question 13

A combination of all the elements of crime is most properly referred to as

A) judicial notice.
B) order of proof.
C) corpus delicti.
D) direct evidence.

Question 14

Which of the following is a reason why hearsay evidence is inadmissible?

A) It is unreliable and untrustworthy.
B) It violates two provisions of the Eighth Amendment to the U.S. Constitution.
C) The tendency of information to be fabricated as it becomes secondhand information.
D) It carries little weight with juries.

Question 15

When the prosecution is presenting its case,the questioning of witnesses it calls to testify on behalf of the prosecution is called

A) examination.
B) direct examination.
C) cross examination.
D) rebuttal examination.

Question 16

The function of a witness in court is to

A) convict the defendant.
B) relate facts within the witness's knowledge.
C) interpret facts within the witness's knowledge.
D) apply the law to the facts of the case.

Question 17

Which of the following should the investigator ponder prior to making an arrest?

A) Is the suspect likely to flee if left in the community?
B) What is the potential danger to others if the suspect is allowed to remain free?
C) What hardships will be imposed on the suspect by early incarceration?
D) All of the preceding are considerations.

Question 18

There are 5 types of evidence identified in the textbook.Which type introduces tangible objects even though they are not identical to real evidence?

A) Direct evidence.
B) Real evidence.
C) Circumstantial evidence.
D) Demonstrative evidence.

Question 19

What is the first rule of evidence?

A) Proof is not evidence but the combination of individual facts is proof.
B) To keep a jury from hearing or seeing improper evidence.
C) Evidence must be relevant to the case at hand.
D) Determination of the importance of the evidence.

Question 20

An acknowledgement by a person accused of a crime,that he or she is guilty of that crime,is

A) a disclosure.
B) an admissibility.
C) an admission.
D) a confession.

Question 21

The ________ is the combination of all the elements of the crime.

Question 22

There is no limit on the number of peremptory challenges but each side has a specific number of challenges for cause.

Question 23

The courtroom process begins with the selection and swearing in of a jury.

Question 24

While the prosecution is presenting its case,the questioning of witnesses the prosecution calls to testify on behalf of the prosecution is called direct examination.

Question 25

The process by which an attorney on cross-examination attempts to discredit or contradict the testimony of a witness to show that the witness is unworthy of belief is called

A) prior inconsistent statements.
B) destroying competency.
C) impeaching the witness.
D) rehabilitating the witness.

Question 26

Proof can be defined as anything that tends logically to prove or disprove a fact at issue in a judicial case or controversy.

Question 27

The defense has carried the burden of going forward with evidence to convince the jury of a reasonable doubt of guilt.This is equivalent to the prosecution's burden of proving the defendant guilty beyond a reasonable doubt.

Question 28

The process by which individuals swore to tell the truth on the basis of their sacred belief in a supreme being is called a/an.

A) Oath
B) Affirmation
C) Declaration
D) None of the above are correct

Question 29

One who makes ________ does not acknowledge all the facts surrounding the crime necessary to constitute guilt but does admit to certain facts or circumstances from which guilt may be inferred by the jury.

Question 30

The rules of admissibility protect the trier of fact,generally a jury,from hearing improper evidence that may be unreliable or untrustworthy and that may prejudice the case unjustifiably against the defendant.

Question 31

The prosecution has the opportunity to conduct a redirect examination of the defendant after completion of cross-examination.

Question 32

An inference is similar to a presumption but differs in that the jury has more latitude in accepting or rejecting an inference.

Question 33

One of the rules governing the admissibility of evidence allows evidence that is not relevant to the case to be admitted if the defense does not object to it.

Question 34

Regarding the proper clothing to wear while testifying in court,all authorities agree that

A) a uniform should always be worn while testifying.
B) civilian clothes should always be worn while testifying.
C) the investigator should wear what he or she was wearing at the time of the arrest.
D) regardless of what is worn it should be neat and clean.

Question 35

In the event that the witness cannot remember the facts of the case but used notes or reports as the sole basis of testimony without any independent recall,the term applied is

A) report reading.
B) past recollection recorded.
C) past recollection read.
D) past recollection refreshed.

Question 36

In a civil case,the party allegedly wronged is called the ________.

Question 37

According to the textbook,for the law enforcement witness,what is the first step in preparation for testifying in court?

A) Ensure that a complete investigation was conducted.
B) Ensure that all investigative leads were followed and all avenues explored.
C) Review all notes, reports, electronic recordings, and physical evidence prior to testifying.
D) All of the preceding are correct.

Question 38

Weight of evidence deals with the elements of persuasion and believability.

Question 39

________ is derived from "heard said" and is inadmissible in court because of it inaccuracy,unreliability,and untrustworthiness.

Question 40

Sometimes referred to as physical evidence,________ evidence is connected with the commission of the crime and can be produced in court.

Question 41

Describe the manner in which circumstantial evidence is used in a criminal prosecution.

Question 42

When and how may a witness use notes on the witness stand?

Question 43

Distinguish "burden of proof" from "burden of going forward with evidence."

Question 44

During an ongoing criminal investigation,what factors must the criminal investigator consider in deciding whether to make an arrest and when to make it?

Question 45

In the rules of evidence,using notes and reports simply to refresh the memory is referred to as ________.

Question 46

Some of the more common evidentiary privileges fall into four categories.The ________ privileges include those that exist between attorney and client,physician and patient,priest and penitent,and journalist and informant.

Question 47

For what proposition does the U.S.Supreme Court case of Crawford v.Washington stand?

Question 48

What factors affect the credibility of the investigator as a witness?

Question 49

________ is the process used before testimony by individuals who for personal reasons refuse to take an oath.

Question 50

Discuss the exceptions to the hearsay rule of confessions,admissions,spontaneous and excited utterance,dying declaration and former testimony.

Question 51

What is the hearsay rule and why does it exist?

Question 52

Define the following concepts: (1)evidence; (2)proof; (3)testimony; (4)admissibility; (5)relevancy; (6)materiality; (7)competency of evidence; (8)competency of witnesses; and (9)weight of evidence.

Question 53

The type of evidentiary privilege that involves communication between an attorney and their client is referred to as ________.

Question 54

How important are a witness's appearance and demeanor to credibility?

Question 55

A ________ concerning the facts and circumstances of the fatal injury made by the victim of a homicide who is about to die,and does not hope to recover is admissible as an exception to the hearsay rule.