Criminal Law Chapter 22 Although This Often Overlooked One Additional Portion

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Student name:__________

1) While evaluating a case, what risk factors must an investigator consider in deciding

whether to make an arrest and when to make it?

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2) In the context of the rules of evidence, discuss the importance of admissibility and the

rules governing it.

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3) Differentiate between the terms “burden of proof” and “burden of going forward with

evidence.”

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

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5) In the context of the rules of evidence, what are the situations in which judicial notice

may be taken?

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6) Discuss the exceptions to the hearsay rule: confessions, admissions, spontaneous and

excited utterance, dying declaration, and former testimony.

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7) For what proposition does the U.S. Supreme Court case ofCrawford v.Washington stand?

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

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9) How important are a witness’s appearance and demeanor to credibility?

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

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11) The jury panel from whom the jurors in a trial are eventually picked is called

a(n)_________blank.

11) ______

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12) In a civil case, the party allegedly wronged is called the_________blank.

12) ______

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13) The_________blank is the combination of all the elements of a crime.

13) ______

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14) Sometimes referred to as physical evidence,_________blank evidence is connected with

the commission of a crime and can be produced in court.

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14) ______

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15) _________blank is derived from “heard say” and is inadmissible in court because of its

inaccuracy, unreliability, and untrustworthiness.

15) ______

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16) One who makes a(n)_________blank 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.

16) ______

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17) _________blank refer to certain matters of communication that defendants and other

witnesses can rightfully have barred from disclosure in court.

17) ______

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18) A(n)_________blank concerning the facts and circumstances of the fatal injury made by

the victim of a homicide who is about to die, expects to die, and does not hope to recover is

admissible as an exception to the hearsay rule.

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18) ______

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19) Some of the more common evidentiary privileges fall into four categories.

The_________blank privileges include those that exist between attorney and client, physician

and patient, priest and penitent, and journalist and informant.

19) ______

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20) The type of evidentiary privilege that involves communication between an attorney and

their client is referred to as_________blank.

20) ______

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21) _________blank is the process used before testimony by individuals who for personal

reasons refuse to take an oath.

21) ______

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22) _________blank is the process of discrediting or contradicting the testimony of a witness

to show that the witness is unworthy of belief.

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22) ______

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23) In the rules of evidence, using notes and reports simply to refresh the memory is referred

to as_________blank.

23) ______

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24) Which of the following statements is true about probable cause?

24) ______

A) Once probable cause has been established, an arrest is mandatory.

B) Once probable cause has been established, the investigation is complete.

C) The fact that probable cause exists does not require an arrest to be made at the

moment.

D) If the suspect is likely to flee if allowed to remain free, an arrest should be made even

if the probable cause is not established.

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

25) ______

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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 these answers are correct.

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26) Once questioning of potential jurors has been completed, what is the challenge that may

be used for any reason, as long as the reason is race and gender neutral and is not a pretext for

racial or gender motivation, to excuse a prospective juror?

26) ______

A) challenge for cause

B) challenge for bias

C) peremptory challenge

D) executive challenge

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27) While the prosecution is presenting its case, the questioning of witnesses it calls to testify

on behalf of the prosecution is called

27) ______

A) examination.

B) direct examination.

C) cross-examination.

D) rebuttal examination.

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28) In the context of a trial, which of the following terms is defined as the questioning of a

witness who was initially called by the opposing party?

28) ______

A) cross-examination

B) redirect examination

C) rebuttal

D) surrebuttal

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29) In the context of a trial, which of the following terms is defined as the re-questioning of a

witness initially called by the opposing party?

29) ______

A) redirect examination

B) re-cross-examination

C) rebuttal

D) surrebuttal

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30) After the defense rests its case, the prosecution has an opportunity for_________blank.

30) ______

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A) rebuttal

B) surrebuttal

C) cross-examination

D) re-cross-examination

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31) At what point in the trial process does the judge have the responsibility of instructing the

jury on the law applicable to the case and of advising the jury of its responsibilities?

31) ______

A) after the jurors 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

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32) What is the first rule of evidence?

32) ______

A) Proof is not evidence, but the combination of individual facts is proof.

B) Anything is admissible as evidence unless there is some rule that prohibits its

admissibility.

C) Evidence must be relevant to the case at hand.

D) Determine the importance of the evidence.

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33) _________blank is the essence of the rules of evidence.

33) ______

A) Disclosure

B) Testimony

C) Admissibility

D) Confession

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34) In a criminal trial, the requirement that the prosecution establish the defendant’s guilt

beyond, and to the exclusion of, every reasonable doubt is referred to as

34) ______

A) burden of proof.

B) burden of going forward with evidence.

C) preponderance of evidence.

D) order of proof.

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

35) ______

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A) prosecution

B) defense

C) judge

D) court officials

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36) In a civil suit, the party wronged is the plaintiff. What is the burden of proof necessary to

win a civil case?

36) ______

A) proof beyond a reasonable doubt

B) preponderance of evidence

C) probable cause

D) reasonable suspicion

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37) Which of the following terms refers to an evidentiary shortcut whereby the necessity of

formally proving the truth of a particular matter is eliminated when that truth is not in dispute?

37) ______

A) evidentiary privilege

B) preponderance of evidence

C) peremptory challenge

D) judicial notice

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38) A combination of all the elements of a crime is referred to as

38) ______

A) judicial notice.

B) order of proof.

C) corpus delicti.

D) direct evidence.

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39) Which of the following statements is true about direct evidence?

39) ______

A) It is based on the firsthand knowledge of a witness regarding the guilt of the

defendant.

B) It consists of maps, diagrams, sketches, photographs, tape recordings, videotapes, X-

rays, and visual tests and demonstrations produced to assist witnesses in explaining their

testimony.

C) It is used in a criminal case by inferring from a series of known facts the existence of

an unknown fact.

D) It includes items of physical evidence found at a crime scene, such as a weapon used

to commit a homicide, a crowbar used to pry open a window, and fingerprints.

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40) There are five types of evidence identified in the textbook. Which type introduces

tangible objects even though they are not identical to real evidence?

40) ______

A) direct evidence

B) real evidence

C) circumstantial evidence

D) demonstrative evidence

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41) 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

41) ______

A) a lay witness.

B) a police officer.

C) an expert witness.

D) a forensic scientist.

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

42) ______

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A) It is unreliable and untrustworthy.

B) It violates two provisions of the Eighth Amendment to the U.S. Constitution.

C) There is a tendency of information to be fabricated as it becomes secondhand

information.

D) It carries little weight with juries.

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43) Which of the following statements is true about theCrawford v. Washington case in

2004?

43) ______

A) The U.S. Supreme Court decided that some hearsay evidence, that which contains

“testimonial” statements, is inadmissible in a criminal prosecution if the original declarant who

made the out-of-court statement 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) Since theCrawford decision, many thousands of federal and state cases have been

decided interpreting the application of the decision to differing factual scenarios and many of the

decisions conflicted with each other.

D) All of these answers are correct.

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44) A(n)_________blank is an acknowledgment by a person accused of a crime that he/she is

guilty of that crime.

44) ______

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A) disclosure

B) admissibility

C) admission

D) confession

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45) A command to an individual to appear in court and to bring certain records or documents

in their possession is called a

45) ______

A) subpoena.

B) subpoena duces tecum.

C) summons.

D) complaint.

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46) Which of the following terms is defined as a formal attestation in which a witness swears

to tell the truth on the basis of their belief in a supreme being?

46) ______

A) oath

B) affirmation

C) declaration

D) None of these answers is correct.

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47) The most important characteristic of a good witness is to

47) ______

A) not show nervousness.

B) adequately investigate the case.

C) be prepared.

D) anticipate the kind of tactics the defense attorney will use in cross-examination.

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48) According to the textbook, for a law enforcement witness, what is the first step in

preparation for testifying in court?

48) ______

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 these answers are correct.

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

49) ______

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A) a uniform should always be worn while testifying.

B) civilian clothes should always be worn while testifying.

C) an investigator should wear what they were wearing at the time of the arrest.

D) regardless of what is worn it should be neat and clean.

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50) In the event that a witness cannot remember the facts of the case but uses notes or reports

as the sole basis of testimony without any independent recall, the term applied is

50) ______

A) report reading.

B) past recollection recorded.

C) past recollection read.

D) past recollection refreshed.

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

51) ______

⊚ true

⊚ false

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52) There is no limit on the number of peremptory challenges, but each side has a specific

number of challenges for cause.

52) ______

⊚ true

⊚ false

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53) A language barrier is never a basis for a challenge for cause.

53) ______

⊚ true

⊚ false

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54) 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.

54) ______

⊚ true

⊚ false

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55) The prosecution has the opportunity to conduct a redirect examination of the defendant

after completion of cross-examination.

55) ______

⊚ true

⊚ false

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56) Proof can be defined as anything that tends logically to prove or disprove a fact at issue

in a judicial case or controversy.

56) ______

⊚ true

⊚ false

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57) 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 a case unjustifiably

against the defendant.

57) ______

⊚ true

⊚ false

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58) One of the rules governing the admissibility of evidence allows evidence that is not

relevant to a case to be admitted if the defense does not object to it.

58) ______

⊚ true

⊚ false

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

59) ______

⊚ true

⊚ false

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60) An inference is similar to a presumption but differs in that the jury has more latitude in

accepting or rejecting an inference.

60) ______

⊚ true

⊚ false

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61) It is a myth that one cannot be convicted of a crime based solely on circumstantial

evidence.

61) ______

⊚ true

⊚ false

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62) Judicial confessions fall within the hearsay rule.

62) ______

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⊚ true

⊚ false

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Answer Key

Test name: chapter 22

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