Deck 1: Introduction to the Law of Evidence and the Pretrial Process

Question 1

The Federal Rules of Evidence apply only to criminal matters.

Answer 1

False

Question 2

Booking is the formal processing of the arrested person by the police that involves informing an individual of the right to remain silent,among other things.

Answer 2

False

Question 3

An objective of the rules of evidence is to protect a defendant's rights.

Answer 3

True

Question 4

The function of early petit juries was similar to the grand juries of today.

Question 5

As practiced today,trials by jury have been around for about 300 years.

Question 6

Those states that have adopted the Federal Rules of Evidence have some variances that must be learned by the officer.

Question 7

"Trial by ordeal" was an appeal to the supernatural to determine guilt or innocence.

Question 8

Miranda warnings must be given any time a subject is questioned by a police officer.

Question 9

Early jury trials closely resembled the jury trials of today.

Question 10

The "chain of custody" refers to the proper handling of evidence during trial.

Question 11

The most common version of evidence law in the United States is the Model Penal Code.

Question 12

An officer may arrest if he or she has a hunch that the individual may be engaged in criminal activity,or believes that the individual is up to no good.

Question 13

The Federal Rules of Evidence apply in all federal courts throughout the United States.

Question 14

Rules of evidence have been constructed to keep all irrelevant information away from the jury,promoting an efficient judicial system.

Question 15

One criticism of the early "compurgators" was the use of character witnesses who often committed perjury.

Question 16

At a preliminary hearing,the judge considers the prosecution's case to decide whether there is probable cause to believe the defendant committed the crimes charged.

Question 17

All state legislatures have adopted the Federal Rules of Evidence as of September 1997.

Question 18

It is the job of the deputy United States Marshals to keep order in the federal courtrooms.

Question 19

The rules of evidence are not static and are constantly changing.

Question 20

A witness's testimony,when presented to the judge and jury,is not considered evidence.

Question 21

Evidence is any information about the facts of a case,including tangible items,testimony,and documents,photographs,or tapes,which,when presented to the jury at trial,tends to prove or disprove those facts.

Question 22

It is the job of the prosecutor to pursue a case developed by the police until the case terminates by

A)dismissal.
B)verdict.
C)mistrial.
D)only a and b above.

Question 23

The creators of the law believed that juries are trustworthy,and need no guidance or protection from manipulation by attorneys during a trial.

Question 24

The state and local police are called upon to all of the following except:

A)enforce the law.
B)maintain public order.
C)emergency services or aid.
D)investigate federal law violations.

Question 25

Which of the following statements concerning bail is true?

A)It is a deposit of cash,other property,or a bond.
B)It is never required in capital cases.
C)It guarantees that the accused will appear in court.
D)It often is posted by a professional bondsman.

Question 26

Which of the following is a correct description of the purpose for discovery?

A)an exchange of information designed to lessen the element of surprise at trial
B)the withholding of information designed to increase the element of surprise at trial
C)examination of a witness for possible perjury
D)to force an uncooperative defendant to comply with the court's request

Question 27

Violations of probation and terms of parole result in hearings that may lead to all of the following except

A)parole.
B)incarceration.
C)re-incarceration.
D)warning.

Question 28

Evidence may not be classified as which one of the following?

A)real
B)demonstrative
C)circumstantial
D)impartial

Question 29

Which of the following sources of evidence is inadmissible?

A)recordings and photographs
B)evidence obtained by a police officer in violation of a suspect's constitutional rights
C)eyewitness testimony
D)expert testimony

Question 30

Which of the following facts regarding probation officers is false?

A)They investigate defendants prior to sentencing.
B)Nearly 9.1 million adults are on probation on any given day in the United States.
C)They provide a pre-sentence report to the court.
D)They assist persons recently released from prison to find jobs.

Question 31

The criminal justice system includes all of the following except

A)law enforcement.
B)prosecution and defense.
C)corrections.
D)court stenographers.

Question 32

Which of the following is not true of the juvenile justice system?

A)It is intended to be more informal than criminal courts.
B)Juvenile courts are civil,rather than criminal proceedings.
C)Juvenile court judges must be certified social workers.
D)Children who appear in juvenile court have certain fundamental constitutional rights.

Question 33

The prosecutor is not responsible for

A)charging criminal law violators in court on behalf of the people of a district.
B)deciding whether to dismiss charges.
C)conducting any plea negotiations.
D)evaluating all evidence for the court.

Question 34

The chief prosecuting attorney may also be called the

A)District Attorney.
B)County Attorney.
C)Regional attorney.
D)a and b only.

Question 35

The Fifth Amendment ensures freedom from unreasonable searches and seizures.

Question 36

Once entered into the evidence locker,evidence may not be removed.

Question 37

Law enforcement agencies often employ specially trained personnel who are familiar with such specialized fields as:

A)ballistics.
B)blood stain analysis.
C)DNA analysis.
D)all of the above.

Question 38

Plea bargaining is often employed for which of the following reasons?

A)To resolve approximately 90% of all prosecutions.
B)When there is insufficient evidence to convict the defendant.
C)The prosecution does not believe it is worth taking the case to trial.
D)The defendant does not wish to risk going to trial.

Question 39

All of the following are true about the federal system except:

A)The assistant United States Attorneys are all federal employees.
B)There are more than 90 federal districts.
C)The principal trial court is the United States District Court.
D)The chief prosecutor is the Chief Justice of the United States Supreme Court.

Question 40

Probation is the most frequently imposed sentence on first-time offenders.

Question 41

"Rules of evidence," or the "law of evidence," as they are also known,are a set of regulations that act as guidelines.List at least three of these general guidelines.

Question 42

What does it mean to be "paroled under supervision into the community?"

Question 43

A preliminary hearing is a court proceeding in which

A)the prosecutor files a charge against the defendant.
B)the judge decides whether probable cause exists to hold that person for trial.
C)the grand jury issues an indictment against the defendant.
D)hearsay is inadmissible.

Question 44

When a grand jury charges a crime,it does so by issuing:

A)an affidavit.
B)an indictment.
C)a subpoena.
D)an information.

Question 45

Briefly describe two forerunners of the present-day jury trial.

Question 46

What is the technical definition of evidence and what is the purpose of evidence when presented at trial?

Question 47

Which of the following is true with regard to providing legal counsel to a defendant?

A)A defendant who is sentenced any time in jail or prison is entitled to an attorney whether or not he or she can afford one.
B)A defendant who is sentenced to more than six months in jail or prison is entitled to an attorney whether or not he or she can afford one.
C)A defendant who is sentenced to more than 12 months in jail or prison is entitled to an attorney whether or not he or she can afford one.
D)The right to an attorney is not recognized by the federal courts.

Question 48

The law enforcement officer has the responsibility of filing the criminal complaint.When should this be done and what must support the complaint?

Question 49

Name four federal law enforcement agencies.

Question 50

Philip Cheever has just been arrested by an officer for an outstanding warrant and is ready to be booked.What are the elements of the booking procedure?

Question 51

The defense counsel must not

A)treat the defendant fairly.
B)demand that the prosecution respect the defendant's rights.
C)casually represent the defendant.
D)convince the jury that the prosecution has not met its burden of proof beyond a reasonable doubt.

Question 52

After arrest,the prosecutor will file a charge against the defendant if the prosecutor is satisfied that

A)there is sufficient evidence to support the charge.
B)the person is a known criminal.
C)the person has a guilty demeanor.
D)the person has no alibi.

Question 53

An officer possessing probable cause may arrest the suspect without a warrant,unless

A)the suspect is in his or her home.
B)the suspect invokes his or her Miranda rights.
C)the suspect can provide a reasonable explanation.
D)the suspect is in a public place.

Question 54

There are common rules and conditions of parole as set out in writing by probation officers.Which of the following is not one of the rules usually included?

A)not being in possession of a firearm
B)not associating with known criminal offenders
C)attempting to find a job
D)selecting reading material for the parolee

Question 55

Which of the following is a criminal procedure requirement that has been incorporated into the due process clause of the Fourteenth Amendment?

A)the privilege against self-incrimination
B)freedom of the press
C)freedom of speech
D)freedom of worship

Question 56

The federal courts are authorized to try which of the following crimes?

A)robbery of federally insured banks
B)armed robbery
C)grand theft
D)burglary

Question 57

How does the dual judicial system operate in the United States?

Question 58

Why should the law enforcement officer be careful to give only enough information necessary to show probable cause at the preliminary hearing?

Question 59

Venue does not refer to which of the following?

A)neighborhood
B)jurisdiction
C)place
D)county

Question 60

The following facts concerning jails are all true except:

A)Jails maintain custody of persons arrested pending prosecution.
B)On any given day,close to 800,000 adults are being held in jail.
C)Jails provide many services,since most inmates are there long term.
D)Most jails are operated by cities or counties,or both.

Question 61

What was the case that stands as good case law today regarding the practice of states of filing an information as opposed to a grand jury,and what was the holding of the case?

Question 62

What is the purpose of a grand jury,and when is a grand jury necessary?