Question 1

The disclosure of an informers identity to the defense is required if the informer was an eyewitness to the crime the defendant is charged with.

Accepted Answer

This is known as the "eyewitness exception" to the general rule that an informant's identity can remain confidential. If the informant was an eyewitness to the crime, their testimony and identity may be crucial to the defendant's defense, and therefore must be disclosed to the defense.

Question 2

Where there is only one original document and it is produced in court the best evidence rule is satisfied.

Accepted Answer

The best evidence rule requires that the original document be produced in court as evidence, rather than a copy or secondary source. If there is only one original document and it is presented in court, then the best evidence rule is satisfied.

Question 3

The Fifth Amendment privilege against self-incrimination allows the defendant in a criminal trial to lawfully withhold a document from the prosecution unless such document incriminates the defendant.

Accepted Answer

The Fifth Amendment privilege against self-incrimination protects individuals from being compelled to testify against themselves, not from producing incriminating documents, unless the act of producing the document itself is incriminating.

Question 4

Authentication requires that an expert authenticate the authorship or identification of a document.

Accepted Answer

Authentication refers to the process of verifying the identity of a person or device, often through passwords, biometrics, or other means, not necessarily involving an expert for document authorship.

Question 5

When a party claims that a document has been destroyed that party may offer secondary evidence as to the contents of that document as long as it can be shown that the document was not destroyed intentionally.

Accepted Answer

This is because secondary evidence is allowed when the original document has been lost, destroyed or cannot be produced for some other reason. However, the party offering secondary evidence must show that the original document was not intentionally destroyed to prevent its production in the litigation.

Question 6

The burden is on the prosecution to prove that an informer is a material witness on the issue of the defendant's guilt or innocence.

Accepted Answer

The defense typically has the burden to demonstrate that an informer is a material witness to the defendant's guilt or innocence, as part of their strategy to challenge the prosecution's case or to seek exculpatory evidence.

Question 7

The best evidence rule is strictly applied to inscribed chattels.

Accepted Answer

The best evidence rule is a legal principle that applies to written or recorded evidence. It states that the original document or recording is more reliable and should be presented as evidence in court, rather than a copy or a secondary source. While inscribed chattels may fall under the definition of recorded evidence, the best evidence rule is not strictly applied to them.

Question 8

The best evidence rule only applies when one seeks to prove the contents of a writing recording,or photograph.

Accepted Answer

The best evidence rule specifically applies to proving the contents of a writing, recording, or photograph. It does not extend to other forms of evidence. Therefore, the given statement is true.

Question 9

Evidence that is substituted for an original document is known as primary evidence.

Accepted Answer

Primary evidence refers to the original document itself, not a substitute or replacement for it. Primary evidence is considered more reliable and credible than secondary evidence, which includes copies or versions of the document.

Question 10

The Jencks Act only deals with the right of the defendant to discover statements made by a government witness.

Accepted Answer

The Jencks Act, enacted in 1957, provides for the discovery of statements made by government witnesses in criminal trials. The purpose of the act is to enable the defendant to impeach the credibility of government witnesses by showing inconsistencies between their trial testimony and prior statements they made to investigators or prosecutors. However, the act does not deal with other aspects of discovery or disclosure in criminal cases.

Question 11

Any time a witness testifies as to the contents of a writing,recording or photograph that testimony constitutes secondary evidence.

Accepted Answer

Secondary evidence refers to evidence that is not the original document, recording or photograph. Instead, it is evidence that is offered in the form of a witness's testimony, a copy, or a duplicate. When a witness testifies about the contents of a writing, recording, or photograph, they are providing secondary evidence, as they are not introducing the original document as evidence.

Question 12

A defendant is entitled to the right of discovery of the evidence that is presented at her preliminary hearing.

Accepted Answer

This is true. The defendant has the right to know and review the evidence presented against them during the preliminary hearing.

Question 13

The best evidence rule requires that the original document must always be presented.

Accepted Answer

The best evidence rule requires the original document to prove its content unless exceptions apply, such as when the original is lost or destroyed.

Question 14

A defendant is not required to disclose to the prosecution the defenses of alibi,entrapment,and insanity.

Accepted Answer

In many jurisdictions, defendants are required to notify the prosecution if they intend to use defenses such as alibi, entrapment, or insanity, to allow the prosecution time to investigate and prepare a response to these defenses.

Question 15

The prosecution is obligated to disclose material exculpatory evidence to the defense upon request.

Accepted Answer

This is known as the Brady rule, based on the Supreme Court case Brady v. Maryland. It requires the prosecution to disclose any evidence that is favorable to the accused, including evidence that could be used to impeach a witness or cast doubt on the defendant's guilt. Failure to do so can result in a violation of the defendant's due process rights.

Question 16

Suppression by the prosecution of exculpatory evidence upon request by the defense may result in a mistrial or new trial on appeal only if the suppression was done in bad faith.

Accepted Answer

The statement is incorrect. Suppression of exculpatory evidence by the prosecution upon request by the defense may result in a mistrial or new trial on appeal even if the suppression was not done in bad faith. This is known as a Brady violation, after the Supreme Court case Brady v. Maryland.

Question 17

A party meets the requirement of authentication of a document by laying the foundation for the introduction of the document into evidence.

Accepted Answer

By laying the foundation for the introduction of the document into evidence, a party is providing the necessary authentication to prove the document's authenticity and reliability. Therefore, the statement is true.

Question 18

If a document relates to a collateral matter it must be presented into evidence in its original form.

Accepted Answer

The rule requiring the original document (the "best evidence rule") primarily applies to the subject matter of the litigation, not to collateral matters. For collateral matters, secondary evidence, such as copies or summaries, may be admissible.

Question 19

The right of discovery is a right afforded to the prosecution in a trial to withhold evidence from the defense.

Accepted Answer

The right of discovery is actually a right afforded to the defense in a trial to obtain evidence from the prosecution. It allows the defense to prepare a defense strategy and challenge the evidence presented by the prosecution.

Question 20

Copies of public records usually satisfy the best evidence rule.

Accepted Answer

Copies of public records, such as birth certificates or court documents, are usually considered the best evidence because they are official and reliable sources.

Quiz 12: Documentary Evidence and the Right of Discovery