Deck 6: Credibility and Impeachment

Question 1

Character witnesses can give opinions as to what other people in the community think about the character of first witness for truthfulness.

Answer 1

False

Question 2

In order for a witness to be impeached by a prior inconsistent statement,that statement must have been made under oath and/or at a trial,hearing,or other proceeding.

Answer 2

False

Question 3

A jury can find a witness not credible even if the judge believes the witness is credible.

Answer 3

True

Question 4

Reputation evidence is not admissible because it violates the hearsay rule.

Question 5

Under the Federal Rules of Evidence,a witness can always be impeached by any felony conviction he or she has.

Question 6

A biased witness's testimony is excluded if the bias is extreme or severe enough.

Question 7

A police officer can determine a person's credibility by his or her body language.

Question 8

The primary function of cross-examination is to impeach the witness.

Question 9

A witness may impeach his or herself without any attack through cross-examination or by another witness.

Question 10

If a defendant testifies at trial and makes statements inconsistent with a statement made at time of arrest,the prior inconsistent statement may be used to impeach the defendant even if it was made in violation of the Miranda rule.

Question 11

The scope of cross-examination is limited to the scope of the subject matter of the direct examination.

Question 12

Character witnesses cannot support their opinion of the first witness's character with specific instances of conduct or conversations.

Question 13

To prove that a defendant committed the charged crime of rape,you can use proof of his prior convictions of rape.

Question 14

A witness's false testimony is always the result of lying.

Question 15

Impeachment always begins as soon as a witness is cross-examined.

Question 16

Evidence of a conviction of a crime in a juvenile adjudication proceeding may be admissible in court for impeachment purposes.

Question 17

If an inconsistent statement is contained in testimony of a witness other than the accused,then a statement taken from the accused in violation of Miranda can be used to impeach.

Question 18

One purpose of cross-examination is to present the witness's testimony in the light most favorable to the cross-examiner's case.

Question 19

When a later witness's testimony contradicts a former witness and the jury believes the later witness,the former witness is then impeached by contradiction.

Question 20

All witnesses are impeachable.

Question 21

A witness may invoke the privilege against self-incrimination if the testimony incriminates someone else.

Question 22

A witness may invoke the privilege against self-incrimination and refuse to answer a question,even if the answer does not directly link the witness to a crime.

Question 23

The privilege against self-incrimination permits a witness to refuse to answer any question if the answer would tend to show that the witness is guilty of a crime and would subject the witness to the danger of prosecution and conviction.

Question 24

If a defendant chooses not to testify on his or her own behalf,the prosecutor can comment to the jury about the defendant's refusal to testify.

Question 25

If a witness has not been convicted of a crime,which of the following is true for purposes of the witness's impeachment?

A)The witness can be confronted with any acts of misconduct he or she committed in the past that bear upon untruthfulness.
B)The witness cannot be confronted with any acts of misconduct he or she committed in the past.
C)The cross-examiner may confront the witness with evidence which proves acts of misconduct.
D)The cross-examiner may not confront the witness with evidence which proves acts of misconduct unless the witness denies knowledge of the acts of misconduct.

Question 26

Which of the following illustrates FRE's Rule 403 balancing test?

A)The evidence is inadmissible if the unfair prejudicial effect of the evidence is merely outweighed by the probative value.
B)The evidence is inadmissible if the probative value of the evidence merely outweighs the prejudicial effect.
C)The evidence is inadmissible if the unfair prejudicial effect of the evidence is substantially outweighed by its probative value.
D)The evidence is inadmissible if the probative value of the evidence is substantially outweighed by its prejudicial effect.

Question 27

Which of the following is true about a witness who is a convicted felon?

A)He or she is incompetent to testify as a witness.
B)He or she cannot be impeached by proof of a prior conviction unless the prior conviction had to do with truthfulness or honesty.
C)He or she cannot be impeached by proof of a prior conviction unless the convicted crime is the same as the current charge.
D)He or she can be impeached by proof of a prior conviction of a felony.

Question 28

When the witness is also the defendant in a criminal case,which of the following balancing tests applies?

A)The evidence is inadmissible if the unfair prejudicial effect of the evidence merely outweighs the probative value.
B)The evidence is inadmissible if the probative value of the evidence merely outweighs the prejudicial effect.
C)The evidence is inadmissible if the unfair prejudicial effect of the evidence is substantially outweighed by the probative value.
D)The evidence is inadmissible if the probative value of the evidence is substantially outweighed by the prejudicial effect.

Question 29

If the judge orders the witness to answer a question that the witness believes is self-incriminating and the witness refuses to answer,the witness may be held in contempt of court.

Question 30

If you call a witness,you cannot impeach him or her.

Question 31

A witness who does not believe in God can be impeached for a lack of credibility.

Question 32

Once a witness waives a privilege against self-incrimination,it cannot be reinvoked.

Question 33

Which of the following persons determine if a witness has been impeached?

A)The judge
B)The jury
C)The cross-examiner
D)The attorney who called the witness

Question 34

Which of the following can a character witness not testify to about another witness's traits?

A)Truthfulness
B)Believability
C)Honesty
D)Integrity

Question 35

A witness may not be impeached by which of the following?

A)His or her prior testimony
B)Another witness
C)His or her lack of religious belief
D)A document

Question 36

A criminal defendant may never invoke the privilege against self-incrimination if he or she chooses to testify because he or she automatically waives the privilege by choosing to testify.

Question 37

A person is a convicted felon if which of the following is true?

A)When a person receives a punishment of one or more years in jail.
B)When a person is convicted of a violent crime.
C)When a person is convicted of a crime punishable by imprisonment for more than one year or death.
D)A person cannot be a convicted felon if he or she was not sentenced to prison.

Question 38

If a defendant is granted immunity,he or she can be held in contempt for not testifying and answering questions.

Question 39

A witness's credibility is not defined by which one of the following?

A)Believability
B)Morality
C)Trustworthiness
D)Competence

Question 40

Which of the following persons do not make assessments of a witness's or potential witness's credibility?

A)The judge
B)Another witness
C)A police officer
D)An attorney

Question 41

Why would you not want to attempt to impeach every witness's testimony?

Question 42

Which of the following are false about a witness who has been granted immunity?

A)The witness may not invoke the privilege against self-incrimination once immunity has been granted.
B)The witness may be held in contempt and jailed for refusing to answer questions.
C)The witness is still subject to prosecution if the same information that the witness testified to,can be found somewhere else.
D)The witness can still be impeached.

Question 43

When can a witness bring in character evidence of his or her good character?

A)Anytime the witness testifies.
B)Anytime the witness is subject to cross-examination.
C)Anytime another witness contradicts the first witness's testimony.
D)Only if the witness is attacked for having bad character.

Question 44

Explain how a witness can be telling the truth,but may,nonetheless,impeach himself or herself.

Question 45

Which of the following are not types of immunity?

A)Conditional immunity
B)Blanket immunity
C)Transactional immunity
D)Use and derivative use immunity

Question 46

When may a witness invoke the privilege against self-incrimination?

A)When the witness knows that the answer will subject him or her to the danger of prosecution and conviction.
B)When the judge is satisfied that the answer would be incriminating.
C)Only when the witness is testifying in a criminal trial.
D)Only when the answer would be a complete admission of guilt.

Question 47

Who can determine if the witness may claim the privilege against self-incrimination?

A)The witness
B)The attorney calling the witness
C)The attorney cross-examining the witness
D)The judge

Question 48

Which is not true about a witness who has changed his or her story?

A)The witness can be impeached by an inconsistent statement.
B)The witness can be impeached by the party calling the witness.
C)The witness can be rehabilitated if it is shown he or she has a good reputation for truthfulness.
D)The witness can be impeached through cross-examination.

Question 49

Which of the following are covered by the privilege against self-incrimination?

A)Performing certain physical acts
B)Giving physical evidence
C)Testimonial compulsions
D)Exhibiting defendant before a jury

Question 50

Name the four forms of evidence permitted to prove the trait of character relating to untruthfulness.

Question 51

Name the four elements of witness capacity and an example of how each could aid in the impeachment of a witness.

Question 52

What are five reasons why a witness may not tell the truth?

Question 53

Which of the following is untrue about prior inconsistent statements?

A)If made by defendant while in custody,Miranda warnings need not be shown to have been given prior to the statement being made for it to be admissible for impeachment.
B)If statement made by defendant at trial is inconsistent with statement made at time of arrest,Miranda warnings must be shown to have been given prior to the statement being made for it to be admissible for impeachment.
C)If statement made by defendant at trial is inconsistent with a statement made at time of arrest,Miranda warnings do not have been given prior to the statement being made for it to be admissible for impeachment.
D)For a pretrial statement by defendant to be admitted at trial as a prior inconsistent statement,it need not be independently admissible as an admission by a party opponent.

Question 54

Which of the following is true about prior consistent statements?

A)They are always admissible to rehabilitate a witness.
B)They are generally not admissible to rehabilitate a witness.
C)They are never admissible to rehabilitate a witness.
D)If they are made under oath,they are always admissible to rehabilitate a witness; while prior consistent statements not made under oath are never admissible.

Question 55

What is the definition of a crime involving dishonesty or false statements?

Question 56

What factors are not taken into account when determining whether a witness may invoke the privilege against self-incrimination?

A)Whether the witness could have committed the crime.
B)Whether the statute of limitations has run,thus barring the witness's prosecution.
C)Whether the answer will affect the witness's credibility and thus subject him or her to impeachment.
D)The immediate setting of the testimony and other witness's testimony.

Question 57

Murphy v.Waterfront Commission held that

A)if a state grants immunity to a witness,the federal government is not bound by the state's immunity and may still compel the witness to testify in a federal prosecution.
B)if a state grants immunity to a witness,the federal government is bound by the state's immunity and may not compel the witness to testify in a federal prosecution.
C)if the federal government grants immunity to a witness,the state may still use the witness's testimony,as long as it is transactional testimony.
D)if the federal government grants immunity to a witness,the state may still use the witness's testimony,as long as the witness was granted conditional immunity.

Question 58

Which of the following is true about inconsistent statements?

A)Inconsistent statements need to be made under oath.
B)Inconsistent statements need to be true to be relevant.
C)An inconsistent statement obtained from the defendant witness in violation of his or her constitutional rights cannot be used to impeach the defendant.
D)A statement contained in the testimony of another witness for the defense may be an inconsistent statement if it is inconsistent with the defendant's testimony.

Question 59

Why are a witness's biases allowed to discredit his or her testimony without the cross-examiner being required to prove that the witness is not credible,has contradicted his or herself,has bad character,or make an inconsistent statement?

Question 60

What are the five basic methods of impeaching a witness?

Question 61

Name and explain the different types of immunity.

Question 62

Why would an attorney want to impeach a witness that they called?

Question 63

Explain the relationship of the exclusionary rule to the admissibility of prior inconsistent statements in a criminal trial for the purpose of impeachment.