_____________are reasonable conclusions or deductions that fact finders (juries
or judges) may draw from the evidence presented to them.
a. convictions
b. deductions.
c. inferences
d. determinations
Children may testify only if
a. they are a minimum of ten years of age.
b. a psychologist testifies that they are aware of the obligation to tell the truth.
c. the judge allows them to testify after the child is questioned (voir dire).
d. they have competed the first grade.
There is a hearsay exception for business, government, and religious records as long as
the records are
a. over ten years old.
b. handwritten.
c. regularly kept.
d. not stored on computers.
The U.S. Supreme Court stated in the Terry decision that “as a general rule, temporary
detainees should not be______.”
a. moved
b. questioned
c. frisked
d. interrogated
Photographs and videotapes aredemonstrative __________because they portray
(demonstrate) objects, persons, or events not in the courtroom.
a. hearsay
b. articles
c. facts
d. evidence
In general, presumptions are inferences that
a. the judge or jury may make if they so desire.
b. the judge or jury are required to make.
c. cannot be used to defeat a motion for a directed verdict.
d. cannot be used against the prosecution.
In the case of United States v. Crisp, the court concluded that ________ analysis was
reliable scientific knowledge and admissible.
a. blood.
b. handwriting
c. DNA
d. fingerprints.
Which of the following is an exception to the marital privilege?
a. when one spouse has committed a crime against another
b. when one of the spouses has been unfaithful to the other
c. when one of the spouses has committed a crime
d. when one spouse has been married before
Statements that would otherwise be testimonial and require that the defendant have the
right to __________ under the rule ofCrawford v. Washington
a. rebuttal
b. objection
c. confront
d. omission
Prior to Crawford v. Washington, if a form of statement was traditionally recognized as
an exception to the hearsay rule it was also recognized as an exception to the
a. Confrontation Clause.
b. right to counsel.
c. privilege against self-incrimination.
d. right to notice of the charges.
Questioning of a witness by the opponent of the party that called that witness is called
____________-examination.
a. cross
b. didact
c. critical
d. skeptical
To validly search vehicles at border crossings, federal agents
a. must have probable cause.
b. must have reasonable suspicion.
c. must have a search warrant.
d. are not required to have any warrants or individualized suspicion.
____________ cases occur when an officer, who is where he or she has a right to be,
sees contraband or evidence of a crime.
a. Plain view
b. Voluntary consent
c. Extreme duress
d. Honest alibi
With regard to testimonial hearsay, the U.S. Supreme Court overruled Ohio v. Roberts
in
a. U.S. v. Inadi.
b. Pointer v. Texas.
c. Crawford v. Washington.
d. Minnesota v. Murphy.
By using_______________, “the cross-examiner intends to afford the jury a basis to
infer that the witness’ character is such that he would be less likely than the average
trustworthy citizen to be truthful in his testimony.”
a. evidence
b. convincing
c. impeachment
d. objectivity
The majority of documents and writings introduced for use as evidence in criminal
trials are proven authentic and genuine by ______evidence or by the contents of the
document or writing itself.
a. circumstantial
b. real
c. direct
d. presumptive
Spectrogram or voiceprint evidence comparing voices to determine a match
a. has been approved by the U.S. Supreme Court.
b. is admissible in all courts.
c. is admissible if the defendant agrees.
d. is not admissible in many courts.
Evidence of flight from the scene of a crime is
a. sufficient by itself to establish guilt.
b. never admissible.
c. direct evidence of guilt.
d. never sufficient by itself to establish guilt.
In the Daubert decision, the Supreme Court held that the admissibility of scientific
evidence was governed by Rule ____ of the Federal Rules of Evidence.
a. 402
b. 502
c. 602
d. 702
Hearsay can be written statements, communicative conduct, or
a. oral statements.
b. intuition
c. hypnotically refreshed testimony.
d. telepathic communications.
With regard to eyewitness identification procedures, due process requirements of
fairness require that
a. there be no suggestiveness in the procedure.
b. the defendant’s attorney be present.
c. the identification be reliable (or justified by some emergency), even though it may
have had some elements of suggestiveness.
d. lineups be used at trial to identify the perpetrator.
The leading U.S. Supreme Court case on due process and eyewitness identification
procedures is probably
a. Neil v. Biggers.
b. U.S. v. Wade.
c. People v. Kelly.
d. Pennsylvania v. Proctor.
Since adoption of Daubert in some states, the validity and reliability of the _______ test
is no longer subject to judicial notice for purposes of proving guilt.
a. RFD
b. RSVP
c. HMS
d. HGN
In criminal cases in most states, polygraph evidence
a. is not admissible.
b. is admissible.
c. is admissible if both parties agree.
d. is admissible if the test is taken voluntarily.
The central issue for scientific evidence is the ________of the theory and testing on
which the conclusions are based.
a. repeatability
b. validity
c. scrutiny
d. reliability
The field of serology involves the study of
a. blood.
b. hair.
c. skin.
d. fingerprints.
Theburden of ___________requires the party with the burden on a factual issue to
introduce sufficient relevant evidence to prove the fact at issue.
a. evidence
b. proof
c. persuasion
d. production
The ____________ Amendment protects persons from being forced to produce and
authenticate any documents that are incriminating.
a. Fourth
b. Fifth
c. Sixth
d. Eighth
The rule against hearsay and the _____________ Clause of the Sixth Amendment deal
with similar testimonial issues.
a. Venue
b. Counsel
c. Public trial
d. Confrontation
The admission of hearsay testimony may sometimes violate the ______________
Amendment.
a. Fourth
b. Fifth
c. Sixth
d. Eighth
Proof of chain of custody of evidence is not required in most _______ cases.
a. sexual assault
b. drug
c. drug paraphernalia
d. theft and shoplifting
Elected school boards may, if they deem necessary, require _____drug tests of not only
student athletes but also students participating in any extracurricular activities.
a. scheduled
b. random
c. parental approved
d. parental notified
Private citizens who are acting totally on their own and interrogating suspects do not
have to give Miranda warnings.
Biometrics is the same as a biological reference system.
Explain and discuss how Crawford v. Washington (2004) made major changes in the
law. Explain why you agree or disagree with the decision.
The corpus delicti rule requires that circumstantial evidence be corroborated by direct
evidence.
Discuss, describe, compare, and contrast the Frye rule with its successor, the Daubert
rule.
Statements to physicians are an exception to the hearsay rule only if made by the patient
for purposes of treatment or ____________.
For most of U.S. history, there was no federal exclusionary rule.
In response to its decision in Daubert, the U.S. Supreme Court created Rule 702 of the
Federal Rules of Evidence.
The Federal Rules of Evidence that deals with the admissibility of scientific evidence is
Rule _________.
In the definition of hearsay, the _____________ is the person who originally made the
statement.
The dying declarations exception requires that the declarant be dead or otherwise
____________ at the time of trial.
Most jurisdictions and the federal government require a showing that the declarant is
unavailable to trigger at least some hearsay exceptions.
Miranda rights can be validly waived only after the suspect has had a chance to consult
with an attorney.
X-rays can be admitted and discussed by a witness using the same procedures for
ordinary photographs.
Although statements by a patient to a physician for treatment or diagnosis may be
privileged, there is no hearsay exception for such statements.
In a jury trial, it is the province of the jury to determine the credibility of the witnesses
and the weight to be given to their testimony.