Criminal Evidence 8th Edition By Norman Garland - Test Bank

Criminal Evidence 8th Edition By Norman Garland – Test Bank

 

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Sample Questions Are Posted Below

 

Criminal Evidence, 8e (Garland)

Chapter 5   Witnesses-Lay and Expert

 

1) A person has to be served with a subpoena to become a witness.

 

Answer:  FALSE

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2) The guarantee of the Fifth Amendment to the Constitution of the United States and the provisions of the constitutions of the various states give a witness, as well as the defendant, the right against self-incrimination.

 

Answer:  TRUE

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3) A subpoena duces tecum allows a witness to submit his or her testimony in writing rather than requiring personal appearance at a trial.

 

Answer:  FALSE

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4) If a witness does not appear in accordance with an oral request of an attorney representing either side of a case, it is a violation of a court order and a penalty can be imposed.

 

Answer:  FALSE

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5) Few circumstances excuse a person from attendance as a witness.

 

Answer:  TRUE

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6) The power to compel a witness to attend a trial is based on two clauses appearing in the Fourteenth Amendment to the Constitution of the United States.

 

Answer:  FALSE

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7) A subpoena issued in California is valid in Arizona.

 

Answer:  FALSE

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8) The reason for segregating or excluding the witnesses from the courtroom during a trial is to prevent them from hearing each other’s testimony and being affected by it, either intentionally or unintentionally.

 

Answer:  TRUE

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9) To ensure that a witness appears to testify, most lawyers compel witnesses’ attendance by issuing a subpoena.

 

Answer:  TRUE

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10) A law enforcement officer usually falls into the category of a lay witness.

 

Answer:  TRUE

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11) A leading question is the first question asked of a witness on direct or cross-examination.

 

Answer:  FALSE

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12) A lawyer is not allowed to use leading questions when attempting to impeach a witness.

 

Answer:  FALSE

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13) The narrative form of interrogation allows a witness to submit his or her testimony in writing instead of testifying in person.

 

Answer:  FALSE

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14) No question may be asked of a witness on cross-examination unless its subject has been brought up during direct examination.

 

Answer:  TRUE

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15) Dislike for a party is an example of provable bias.

 

Answer:  TRUE

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16) A witness must always answer all questions the judge permits.

 

Answer:  FALSE

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17) The jury is not required to accept the opinion of an expert witness.

 

Answer:  TRUE

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18) Opinion testimony of a lay witness is never allowed.

 

Answer:  FALSE

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19) One of the exceptions to the Federal Rules of Evidence’s prohibition against leading questions is with regards to an adult or child witness with communication problems.

 

Answer:  TRUE

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20) An expert witness is a person of great educational background or training.

 

Answer:  FALSE

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21) Even if not generally accepted by the scientific community, it is possible for a scientific theory to be used in a trial.

 

Answer:  TRUE

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22) Unlike the voir dire of a jury, the qualification of an expert witness places a burden upon the side producing the expert witness to prove qualification.

 

Answer:  TRUE

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23) The Federal Rules of Evidence no longer allow the use of hypothetical questions in examining an expert witness.

 

Answer:  FALSE

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24) Most courts do not allow the results of a polygraph examination.

 

Answer:  TRUE

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25) Rule 706 of the Federal Rules of Evidence allows for a witness to refer to a “writing” before or during testimony in an effort to revive his or her memory.

 

Answer:  FALSE

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26) An attorney may refresh the memory of a witness by the use of leading questions during examination.

 

Answer:  TRUE

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27) “You witnessed the accident, didn’t you?” is an example of a leading question.

 

Answer:  TRUE

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28) In criminal trials, a lay witness is frequently called upon to express an opinion as to the state of emotion of the accused or of the victim of a crime.

 

Answer:  TRUE

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29) A waiver of voir dire precludes defense counsel from attacking a witness’s qualifications as an expert.

 

Answer:  TRUE

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30) Blood and DNA typing are scientifically proven facts.

 

Answer:  FALSE

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31) In contrast to the Frye test, the Daubert-Kumho test required that a testimony be based on scientific methodology “generally accepted as reliable in the relevant scientific community.”

 

Answer:  FALSE

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32) A witness under cross-examination who is aligned with the opposing side is called a(n) ________.

1. A) lay witness
2. B) counter witness
3. C) adverse witness
4. D) impeachment witness

 

Answer:  C

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33) The person with special training in courtroom security is the:

1. A) constable.
2. B) bailiff.
3. C) court liaison.
4. D) court clerk.

 

Answer:  B

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34) The rule on witnesses:

1. A) provides that a witness be compensated for his or her testimony.
2. B) places a limit on how far a witness be required to travel in order to testify without being compensated.
3. C) allows a court to impose sanctions on a subpoenaed witness for nonappearance.
4. D) excludes witnesses from the courtroom during a trial.

 

Answer:  D

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35) The crimes that can be shown to impeach a witness for bad character for truthfulness include:

1. A) any crime punishable by imprisonment in excess of six months.
2. B) burglary.
3. C) any crime related to acts against a minor.
4. D) embezzlement.

 

Answer:  D

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36) Factors in evaluating witness capacity do not include:

1. A) memory.
2. B) narration.
3. C) education.
4. D) sincerity.

 

Answer:  C

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37) To utilize the testimony of an expert witness, ________.

1. A) the expert witness must be shown to have advanced education in his or her field
2. B) the subject matter of the proposed expert’s testimony must be scientific
3. C) the expert’s field requires scientific, technical or specialized knowledge
4. D) the expert is required to have at least 10 years of experience in his or her specialized field

 

Answer:  C

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38) Modernly, the standard for the trial court’s determination of the foundation for expert testimony is established by the:

1. A) Frye
2. B) Daubert-Kumho
3. C) voir dire
4. D) relevance test.

 

Answer:  B

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39) Voir dire refers to:

1. A) the method of introducing a lay witness’s testimony at trial.
2. B) the process of qualifying a witness as an expert.
3. C) the standard for admissibility of expert testimony.
4. D) the method by which a lawyer may compel a witness’s attendance.

 

Answer:  B

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40) The final determination of whether a person qualifies as an expert witness is made by the ________.

1. A) jury
2. B) trial judge
3. C) attorney general
4. D) bailiff

 

Answer:  B

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41) A spectrogram is used in the identification of:

1. A) voice.
2. B) footprints.
3. C) DNA.
4. D) fingerprints.

 

Answer:  A

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42) If a witness refers to a writing prior to testifying, ________.

1. A) opposing counsel has an absolute right to inspect the writing referred to
2. B) opposing counsel may inspect the writing if the court decides that justice requires the party to have that option
3. C) opposing counsel may inspect the writing if agreed to by the witness
4. D) opposing counsel may not inspect the writing

 

Answer:  B

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43) When a judge examines a writing in camera, it means the writing:

1. A) has been photographed and put into evidence.
2. B) has been authenticated by a qualified expert.
3. C) has been admitted into evidence.
4. D) is viewed privately, in the judge’s chambers.

 

Answer:  D

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44) Persons, often law enforcement officers, who are highly skilled in the methodology and paraphernalia involved in the commission of specific crimes are called ________.

1. A) criminalists
2. B) crimes experts
3. C) criminal investigators
4. D) crime prevention specialists

 

Answer:  B

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45) Which of the following crimes is defined as knowingly making a false statement about a matter material to a case or swearing or affirming to the truth of a previously made statement that one knows to be untrue?

1. A) Perjury
2. B) Arson
3. C) Embezzlement
4. D) Burglary

 

Answer:  A

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46) The Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Cases permits a court to do all of the following except:

1. A) requiring the appearance of an out-of-state witness to determine whether or not he or she is a material witness.
2. B) ordering a witness to appear in the court where an original subpoena was issued if he or she is determined to be a material witness.
3. C) allowing the issuance of a subpoena to an out-of-state witness and to have the subpoena sent to a court in that state.
4. D) requiring the testimony of an out-of-state witness who is not material.

 

Answer:  D

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47) All of the following are exceptions to the use of leading questions except:

1. A) with respect to undisputed preliminary or inconsequential matters.
2. B) with respect to any witness under the age of 18.
3. C) when laying a necessary foundation under certain circumstances.
4. D) with respect to an adult witness with communication problems.

 

Answer:  B

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48) Which of the following is not a method of impeaching a witness?

1. A) By contradiction
2. B) By proof of motive to falsify
3. C) By proof of bad character for truthfulness
4. D) By proof of past recollection recorded

 

Answer:  D

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49) The Daubert-Kumho test considers all of the following factors except:

1. A) the scientific technique’s known or potential rate of error.
2. B) peer review and publication of the theory or technique.
3. C) basis of knowledge in developing the theory or technique.
4. D) testing of the theory or technique.

 

Answer:  C

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50) An exception to the requirement that a witness must answer all questions is with respect to:

1. A) leading questions.
2. B) past recollection recorded.
3. C) self-incriminating questions.
4. D) narrative questions.

 

Answer:  C

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51) The government medical expert called to give opinion testimony as to the cause of death in a homicide is known as the ________.

1. A) plaintiff
2. B) bailiff
3. C) criminalist
4. D) coroner

 

Answer:  D

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52) All of the following statements are correct with respect to past recollection recorded except:

1. A) the witness must be shown to have exhausted present recollection by failing to have recollection refreshed.
2. B) the witness must be in a position to swear that at one time the witness had knowledge of the contents of the writing.
3. C) the evidence in the form of the writing is not admissible if offered by the adverse party.
4. D) the writing must have been prepared by the witness, at the witness’s direction, or adopted by the witness.

 

Answer:  C

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53) What three requirements must be satisfied in order to utilize the testimony of an expert witness?

 

Answer:  1) The subject matter of the expert’s proposed testimony must be relevant in the sense that it will assist the jury to understand the evidence or to determine a fact in issue.

2) The expert’s field must be one requiring scientific, technical, or specialized knowledge.

3) The witness must be shown to have the background necessary to qualify as an expert in the field.

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54) What is the Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Cases, and what does it do?

 

Answer:  The Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Cases permits a court to issue a subpoena to an out-of-state witness and to have the subpoena sent to a court in that state. The witness will be commanded to appear in that court, where a hearing will be held to determine whether he or she is a material witness.

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55) According to the Federal Rules of Evidence (FRE), what exceptions to the rule prohibiting leading questions on direct examination are allowed?

 

Answer:  The FRE allows the following exceptions: 1) with respect to undisputed preliminary or inconsequential matters; 2) when a witness is hostile, unwilling, frightened, or biased; 3) with respect to a child or adult witness with communication problems; 4) with respect to a witness whose recollection is exhausted; and 5) when laying a necessary foundation under certain circumstances.

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56) What are the five basic methods of impeaching a witness?

 

Answer:  The five basic methods of impeaching a witness are as follows: 1) by contradiction; 2) by proof of bad character for truthfulness; 3) by proof of prior inconsistent statement; 4) by proof of bias or motive to falsify; and 5) by proof of lack of or diminished witness capacity.

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57) Describe four specific guidelines for police officer’s testimony.

 

Answer:

1) The officer should testify dressed as he or she was at the time of his or her involvement in the case, unless the officer was undercover.

2) The officer is “on display” the moment he or she enters the courthouse. Any loud or embarrassing behavior with other officers should be limited to the locker room.

3) The officer should conduct himself or herself as a professional. An officer’s testimony should, at all times, be factual, accurate, and limited to the officer’s firsthand knowledge of the incident in question.

4) An officer should never commit perjury. Once an officer has committed, or is believed to have committed, perjury, his or her effectiveness as a witness is ruined.

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58) What are the possible consequences for failing to honor a subpoena or a subpoena duces tecum?

 

Answer:  There can be severe consequences for failing to honor a subpoena or subpoena duces tecum. The court can hold a recalcitrant person in criminal contempt. Sanctions for criminal contempt of court can be a monetary fine, imprisonment, or both. If the court chooses to imprison the person, the imprisonment will be for a fixed period of time and may continue even if the person later submits to the court’s authority. Should a person answer a subpoena but intentionally refuse to give testimony or produce the physical evidence ordered, the court may find the witness in civil contempt. The court may order the uncooperative witness placed in jail until the witness complies with the orders of the court.

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59) What are the five factors considered in the application of the Daubert-Kumho test?

 

Answer:  1) Testing of the theory or technique

2) Peer review and publication of the theory or technique

3) The scientific technique’s known or potential rate of error

4) The existence and maintenance of standards controlling the technique’s operation

5) The theory or technique’s “general acceptance”

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60) The opinions and conclusions of an expert witness may be based upon information gained in three ways. Describe the three ways.

 

Answer:  The opinions and conclusions of an expert witness may be based upon information gained in one of three ways. First, specific information possessed by the expert, gained through examination of a particular piece of evidence, may be the basis of his or her opinion or conclusion. Such opinion testimony may be elicited simply by asking the expert what conclusions were reached after examining the evidence.

Second, the expert may rely upon data supplied from another source in any form, as long as it is within the usual practice in the field to rely on such data. Moreover, under Federal Rules of Evidence 703, the facts or data upon which the expert bases an opinion need not be admissible at trial, provided that such data or facts are of a type reasonably relied upon by experts in that field.

Third, the expert may be presented with a set of hypothetical facts from which the expert is asked to draw conclusions. This type of presentation is not used frequently in criminal cases. Most often, expert testimony in criminal cases results from an actual examination of a piece of physical evidence. This is particularly true of testimony given by criminalists. A criminalist’s appearance as an expert witness generally originates from an earlier examination of an article found at a crime scene. This does not preclude the defense attorney, or the prosecuting attorney, from also presenting certain hypothetical questions to the expert.

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61) Name five categories of subjects about which a lay witness may testify.

 

Answer:  Any of the following are acceptable answers: state of emotion; speed of vehicles; sobriety or intoxication; age, identity, and physical condition of a person; weight, color, and value; character of the person; sanity; and opinions about handwriting.

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62) Briefly describe the two ways in which impeachment by proof of bad character for truthfulness can be done.

 

Answer:  Impeachment by proof of bad character for truthfulness can be done in only two ways. First, a witness can be impeached by proof that he or she was convicted of certain crimes. Second, the witness can be impeached by questioning on cross-examination about specific acts that involve dishonesty but did not result in a conviction.

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