Criminal Evidence Principles and Cases 9th Edition by Thomas J. Gardner - Test Bank Instant Download - Complete Test Bank With Answers Sample Questions Are Posted Below Multiple Choice 1. In general, to be deemed a competent witness, the witness must _____. a. have personal knowledge of the matters …
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Criminal Evidence Principles and Cases 9th Edition by Thomas J. Gardner – Test Bank
Instant Download – Complete Test Bank With Answers
Sample Questions Are Posted Below
| Multiple Choice |
1. In general, to be deemed a competent witness, the witness must _____.
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2. To be deemed a competent witness, the witness must have the capacity to _____.
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3. Adult witnesses are _____.
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4. Children may testify only if _____.
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5. In considering whether children are competent to testify, age _____.
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6. A subpoena duces tecum is a subpoena that orders the person to _____,
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7. A criminal defendant’s right to compel the appearance of witnesses at trial is found in the _____ Amendment.
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8. A criminal defendant’s right to confront and cross-examine witnesses is found in the _____ Amendment.
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9. Defendants who decide to testify at their trial _____.
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10. In general, only _____ witnesses may testify as to their opinions or conclusions.
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11. An ordinary witness may give an opinion about _____.
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12. Questioning of a witness by the party that called that witness is called _____ examination.
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13. Questioning of a witness by the opponent of the party that called that witness is called _____-examination.
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14. If a party believes that a question posed by the opponent is improper, that party must make a(n) _____ to that question.
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15. After a witness is subject to cross-examination, the party that called them originally may ask further questions under _____ examination.
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16. As fact finders, the jury alone determines the ______ given to all evidence.
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17. As fact finders, the jury determines whether sufficient _____exists to justify a verdict of guilty.
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18. The trial judge determines the _____ of a witness.
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19. 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.”
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20. Expert testimony based on handwriting analysis is generally _____in both federal and state courts under Federal Rules of Evidence 702 and similar state rules
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| True / False |
21. Adult witnesses are presumed to be competent witnesses.
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22. Unless they are the victim of a crime or an eyewitness, a child under the age of twelve can never be a competent witness.
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23. Prior to 1779, no child under the age of fourteen was eligible or competent to testify as a witness.
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24. Voir dire is a French term meaning to incriminate oneself.
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25. Many jurisdictions have set up special procedures to protect child victims who testify at the trial of their alleged abuser.
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26. In a jury trial, voir dire of witnesses is conducted by the foreperson of the jury.
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27. 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.
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28. The term “demeanor of a witness” refers to the conduct and/or appearance of a witness while testifying.
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29. One of the purposes of the right to a jury trial is to protect people against overzealous prosecutors and biased judges.
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30. The right to confront and cross-examine witnesses is found in the Fifth Amendment.
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31. The privilege against self-incrimination gives the defendant a right to testify at his or her trial.
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32. Under the Sixth Amendment, a defendant who lies on the witness stand cannot be prosecuted for perjury.
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33. The right to subpoena witnesses is found in the Sixth Amendment.
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34. The general rule is that ordinary (non-expert) witnesses may not give their conclusions or opinions.
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35. A police officer can never be an expert witness.
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36. The first witnesses to testify in a criminal case are prosecution witnesses.
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37. Upon being called, a witness will first be subject to direct examination by the party that called him or her.
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38. Defendants who testify at their criminal trial may not be cross-examined by the prosecution.
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39. After direct examination, a witness is subject to cross-examination by the opposing party.
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40. If a party does not want a witness to answer a question, that party must object to the question.
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| Completion |
41. Adults are generally _____ to be competent witnesses.
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42. Children and other witnesses whose competence is questioned will usually be subjected to a(n) _____ examination.
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43. To be deemed a competent witness, the witness must generally have _____ knowledge of the matters to which they testify.
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44. Voir dire is a French term that means “to speak the _____.”
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45. Under the Sixth Amendment, the defendant has a right to ______ and cross-examine witnesses.
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46. A subpoena duces _____ commands a witness to appear and bring certain things with them.
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47. To be admissible, testimony must be relevant, competent, and _____.
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48. In a jury trial, it is the duty of the _____ to assess the credibility of the witnesses and the weight to be given to the testimony.
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49. The conduct or attitude of a witness is referred to as their “_____.”
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50. Defendants who testify at their trial waive their _____ against self-incrimination.
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51. In _____ v. Arkansas, the U.S. Supreme Court dealt with the admissibility of hypnotically refreshed testimony.
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52. A defendant’s right to testify does not include the right to commit _____.
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53. In Commonwealth v. Delbridge, _____ was defined as the implanting false memories or the distortion of real memories caused by interviewing techniques.
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54. In criminal cases, _____ is probably the most effective cross-examination technique
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55. The first line of defense an opposing party seeks to use is _______________
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| Essay |
56. What are the three basic requirements for a person to qualify as a competent witness? Be sure to provide examples.
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57. Describe and discuss the Sixth Amendment rights of defendants with regard to witnesses.
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58. Discuss, define, compare, and contrast the law on the permissibility of ordinary and expert witnesses to give their opinions. Be sure to provide examples.
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59. Discuss the objections which attorneys may make to both questions and answers directed to witnesses in a criminal trial.
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60. List the three elements that all evidence must be in order to be allowed into a trial.
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61. Discuss the purposes of redirect examination.
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62. Discuss the functions of impeaching a witnesses’ testimony.
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63. List the objections to the form of the questions asked in a trial.
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Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
