Criminal Evidence Principles And Cases International 8th Edition by Thomas J. Gardner – Test Bank

 

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Sample Questions Are Posted Below

 

CHAPTER 5

 

 

 

MULTIPLE CHOICE

 

1. In general, to be deemed a competent witness, the witness must, among other things,
2. have personal knowledge of the matters.
3. be 21 years of age or older.
4. have at least a sixth grade education.
5. not be biased about the case.

 

ANS: A          LO : 1          REF: p. 114

 

2. To be deemed a competent witness, the witness must have the capacity to
3. speak the English language.
4. observe, remember, narrate, and understand the obligation to be truthful.
5. be a citizen of the United States.
6. be capable of reading and writing in any language.

 

ANS: B          LO: 1          REF: p. 114

 

3. Adult witnesses are
4. presumed incompetent unless shown to be competent.
5. presumed competent unless shown to be incompetent.
6. always subjected to voir dire before being allowed to testify.
7. presumed competent if they are at least 21 years of age.

 

ANS:  B           LO: 1          REF: p. 115

 

4. Children may testify only if
5. they are a minimum of ten years of age.
6. a psychologist testifies that they are aware of the obligation to tell the truth.
7. the judge allows them to testify after the child is questioned (voir dire).
8. they have competed the first grade.

 

ANS: C           LO: 2          REF: p. 115 | 116

 

 

5. The 1670 jury trial of ____________ in England was an important milestone in establishing the independence of juries from influence by the government.
6. Benjamin Franklin.
7. Sir Walter Raleigh
8. Robert Palmer
9. William Penn

 

ANS:  D          LO: 1          REF: p. 120

 

6. A subpoena duces tecum is a subpoena that orders the person to
7. bring certain items or records with them to court.
8. appear with an attorney.
9. waive their privilege against self-incrimination.
10. not discuss their testimony with anyone.

 

ANS:  A          LO: 4          REF: p. 121

 

7. A criminal defendant’s right to compel the appearance of witnesses at trial is found in the __________ Amendment.
8. Fourth
9. Fifth
10. Sixth
11. Eighth

 

ANS:  C          LO: 4          REF: p. 121

 

8. A criminal defendant’s right to confront and cross-examine witnesses is found in the __________ Amendment.
9. Fourth
10. Fifth
11. Sixth
12. Seventh

 

ANS:  C          LO: 4          REF: p. 121 | 122

 

9. Defendants who decide to testify at their trial
10. may not be cross-examined because they have a privilege against self-incrimination.
11. may not be prosecuted for perjury even if they lie.
12. may be cross-examined.
13. do not have to take an oath to tell the truth.

 

ANS:  C          LO: 4          REF: p. 122 | 123

 

 

10. In general, only ____________ witnesses may testify as to their opinions or conclusions.
11. ordinary
12. expert
13. prosecution
14. defense

 

ANS:  B          LO: 4          REF: p. 123 | 124

 

11. An ordinary witness may give an opinion about
12. things which are in the common knowledge of most people.
13. things they have been told by another
14. their own competence to be a witness.
15. whether their testimony is relevant.

 

ANS:  A          LO: 3 | 5     REF: p. 125 | 126

 

12. Questioning of a witness by the party that called that witness is called ____________ examination.
13. cross
14. central
15. straight
16. direct

 

ANS: D           LO: 5          REF: p. 127 | 128

 

13. Questioning of a witness by the opponent of the party that called that witness is called ____________-examination.
14. cross
15. didact
16. critical
17. skeptical

 

ANS:  A          LO: 5          REF: p. 128 | 129

 

14. If a party believes that a question posed by the opponent is improper, that party must make a/n ____________ to that question.
15. exception
16. objection
17. proposition
18. request to omit

 

ANS:  B          LO: 7          REF: p. 130 | 131

 

 

15. After a witness is subject to cross-examination, the party that called them originally may ask further questions under ____________ examination.
16. recross
17. following
18. redirect
19. didactic

 

ANS:  C          LO: 7          REF: p. 133

 

16. As fact finders, the jury alone determines the ______ given to all evidence.
17. exceptions
18. legality
19. weight
20. sequence

 

ANS:  C          LO: 6          REF: p. 136

 

17. As fact finders, the jury determines whether sufficient ___________exists to justify a verdict of guilty.
18. evidence
19. convincing
20. bias
21. objectivity

 

ANS:  A          LO: 6          REF: p. 136

 

18. The trial judge determines the _____________ of a witness.
19. recross
20. competence
21. redirect
22. didactic

 

ANS:  B          LO: 3          REF: p. 133 | 134

 

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.”
20. evidence
21. convincing
22. impeachment
23. objectivity

 

ANS:  C          LO: 3          REF: p. 129

 

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
21. inadmissible
22. excluded
23. subjective
24. admissible

 

ANS:  D          LO: 5 | 6          REF: p. 125

 

 

TRUE/FALSE

 

1. Adult witnesses are presumed to be competent witnesses.

 

ANS:  T           LO: 1          REF: p. 114

 

2. Unless they are the victim of a crime or an eyewitness, a child under the age of twelve can never be a competent witness.

 

ANS:  F           LO: 2          REF: p. 115

 

3. At common law, no child under the age of fourteen was eligible or competent to testify as a witness.

 

ANS:  T           LO: 2          REF: p. 115

 

4. Voir dire is a French term meaning to incriminate oneself.

 

ANS:  F           LO: 1          REF: p. 116

 

5. Many jurisdictions have set up special procedures to protect child victims who testify at the trial of their alleged abuser.

 

ANS:  T          LO: 2          REF: p. 117

 

6. In a jury trial, voir dire of witnesses is conducted by the foreperson of the jury.

 

ANS:  F           LO: 1          REF: p. 116

 

7. 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.

 

ANS: T            LO: 3          REF: P. 136

 

8. The term “demeanor of a witness” refers to the conduct and/or appearance of a witness while testifying.

 

ANS: T           LO: 3          REF: p. 120

 

9. One of the purposes of the right to a jury trial is to protect people against overzealous prosecutors and biased judges

 

ANS:  T           LO: 3          REF: p.121

 

10. The right to confront and cross-examine witnesses is found in the Fifth Amendment.

 

ANS:  F           LO: 4          REF: p. 128 | 129

 

11. The privilege against self-incrimination gives the defendant a right to testify at his or her trial.

 

ANS:  F          LO: 4          REF: p. 122 | 123

 

12. Under the Sixth Amendment, a defendant who lies on the witness stand cannot be prosecuted for perjury.

 

ANS:  F          LO: 4          REF: p.120

 

13. The right to subpoena witnesses is found in the Sixth Amendment.

 

ANS:  T           LO: 5          REF: p.121

 

14. The general rule is that ordinary (non-expert) witnesses may not give their conclusions or opinions.

 

ANS:  T           LO: 1          REF: p. 123 | 124

 

15. A police officer can never be an expert witness.

 

ANS:  F           LO: 5          REF: p.125

 

16. The first witnesses to testify in a criminal case are prosecution witnesses.

 

ANS: T          LO: 1          REF: p. 126

 

17. Upon being called as a witness, a witness will first be subject to direct examination by the party that called them.

 

ANS: T          LO: 1          REF: p. 127 | 128

18. Defendants who testify at their criminal trial may not be cross-examined by the prosecution.

 

ANS: F          LO: 4          REF: p. 128 | 129

 

19. After direct examination, a witness is subject to cross-examination by the opposing party.

 

ANS:   T          LO: 7          REF: p.129

 

20. If a party does not want a witness to answer a question, that party must object to the question.

 

ANS:   T          LO: 7          REF: p. 130 | 131

 

 

FILL-IN-THE-BLANK

 

1. Adults are generally ___________ to be competent witnesses.

 

ANS:   Presumed                                LO: 1               REF: p.114 | 115

 

2. Children and other witnesses whose competence is questioned will usually be subjected to a(n) ____________ examination.

 

ANS: voir dire                       LO: 2              REF: p.116

 

3. To be deemed a competent witness, the witness must generally have ____________ knowledge of the matters to which they testify.

 

ANS: personal                                   LO: 3               REF: p.114 | 115

 

4. Voir dire is a French term that means “to speak the _____________.”

 

ANS:   truth                                         LO: 3               REF: p.116

 

5. Under the Sixth Amendment, the defendant has a right to ____________ and cross-examine witnesses.

 

ANS:   confront                                   LO: 4               REF: p.121

 

6. A subpoena duces ____________ commands a witness to appear and bring certain things with them.

 

ANS:   tecum                                      LO: 4               REF: p.121

 

7. To be admissible, testimony must be relevant, competent, and ____________.

 

ANS:   material                                   LO: 5               REF: p.122 | 123

 

8. 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.

 

ANS:   jury                                          LO: 3               REF: p.136

 

9. The conduct or attitude of a witness is called their “_____________.”

 

ANS: demeanor                                LO: 3               REF: p. 120

 

10. Defendants who testify at their trial waive their ____________ against self-incrimination.

 

ANS:   privilege                                  LO: 4               REF: p. 128 | 129

 

11. In ____________ Arkansas, the U.S. Supreme Court dealt with the admissibility of hypnotically refreshed testimony.

 

ANS:   Rock                                        LO: 5               REF: p.122

 

12. A defendant’s right to testify does not include the right to commit ____________.

 

ANS:   perjury                                     LO: 4               REF: p. 122 | 123

 

13. ___________ means implanting false memories

 

ANS: taint                                           LO: 7               REF: p. 118

 

14. The use of falsehoods to ___________ key witnesses can reverse a conviction on

Appeal

 

ANS:  impeach                                   LO: 7               REF: p. 129

 

15. The first line of defense an opposing party seeks to use is _______________

 

ANS: objection                                  LO: 7               REF: p.130

 

 

 

ESSAY

 

1. What are the three basic requirements for a person to qualify as a competent witness? Be sure to provide examples.

 

ANS: In order to be a witness, a person must satisfy the following requirements: Requirement of personal knowledge: The witness must have some personal knowledge of the matter before the court.  Requirement to declare that testimony is truthful: Most witnesses take an oath swearing that they will tell the truth.  Requirement of competency:  In addition to competency as having personal knowledge, a witness most also demonstrate competency to function as a witness.  Students’ responses to the examples should reflect accurate understanding of the three aforementioned qualifiers.

 

LO: 1              REF: p. 114

 

2. Describe and discuss the Sixth Amendment rights of defendants with regard to witnesses.

 

ANS: The Sixth Amendment of the U.S. Constitution provides that “In all criminal prosecutions, the accused shall enjoy the right to have compulsory process for obtaining witnesses in his favor.”  The Sixth Amendment also provides that “The accused shall enjoy the right … to be confronted with the witnesses against him.” The witness not only testifies in open court in the presence of the accused but is also subject to cross-examination by the opposing party.

 

LO: 4               REF: p. 121 | 122

 

3. Discuss, define, compare, and contrast the law on the permissibility of ordinary and expert witnesses to give their opinions. Be sure to provide examples.

 

ANS: Most witnesses are ordinary (or lay) witnesses who are called to testify about the firsthand information they have regarding the case before the court. Their testimony is typically limited to what they have seen, heard (although hearsay is in most instances excluded), smelled, felt, and, on rare occasions, tasted. Law enforcement officers appear in most instances as ordinary witnesses, although some officers also appear as expert witnesses when they qualify, testifying about fingerprinting, traffic matters, weapons, and so on.

An expert witness is a person who has had special training, education, or experience. Because of this experience and background, the expert witness may be able to assist the jury and the court in resolving the issues before them. The party that offers a witness as an expert must lay a foundation (that is, ask a series of questions) establishing the witness as an expert in the field in which the expert will testify and offer opinions.  Student examples should be based on the qualifiers that distinguish lay and expert witnesses.

 

LO: 5               REF: p. 125 | 126

4. Discuss the objections which attorneys may make to both questions and answers directed to witnesses in a criminal trial.

 

ANS: The trial judge has considerable discretion in ruling on objections and in determining what is relevant, material, and competent. The trial judge will not be overruled by a higher court unless there is an abuse of discretion or plain error.  Objections are classified as follows:

• Objections to the substance of the question: These objections concern the answer called for by the question. Usual objections in this area are irrelevant, immaterial, incompetent, and hearsay.
• Objections to the form of the question: These objections concern the manner in which the question is worded. In most instances, the question may be rephrased and asked again in a form in which both the question and answer are admissible. Usual objections to the form of a question are that the question is leading, argumentative, calls for speculation, or misstates a fact in evidence.
• Objections to the answer: If an attorney is slow in objecting, the attorney usually pays the penalty and is told to object faster. In this situation and others, a lawyer can object to an answer and ask that the answer be stricken from the record because: (1) the answer is unresponsive to the question (most often when the witness volunteers additional information beyond the scope of the question asked), (2) the answer contains an inadmissible opinion, or (3) the answer includes inadmissible hearsay statements.

 

LO: 7               REF: p. 130 | 131 | 132

 

5. List the three elements that all evidence must be in order to be allowed into a trial.

 

ANS:  All evidence must be relevant, material, and competent. Therefore, to introduce facts, testimony, or a physical object as evidence, it must be shown that the evidence addresses a material fact, the evidence is relevant to that fact and lastly, the evidence is able to affect the probable truth or falsity of that fact by being competent.  A fact is material if it will affect the result of a trial. Evidence is relevant if it has a tendency to make a material fact more or less probable.  Competency directly relates to the foundation of personal knowledge as required under the Federal Rule of Evidence 602.

 

LO: 6               REF: p. 132 | 133

 

6. Discuss the purposes of redirect examination.

 

ANS:  To restore the credibility of a witness who has been impeached on cross-examination by explanations of matters on which the cross-examiner sought to impeach the witness and to restore the credibility of a witness by pointing out prior consistent statements when the impeachment was made by means of prior   inconsistent statements.

 

LO: 3               REF: p. 133

7. Discuss the functions of impeaching a witnesses’ testimony.

 

ANS: The functions of impeachment may be classified as follows.  First, to attack the witness’ credibility and qualifications to testify truthfully because of prior criminal conviction (and in some jurisdictions and some instances, a showing of prior bad conduct). Rule 609 of the Federal Rules of Evidence limits evidence of prior criminal convictions to crimes with a penalty in excess of one year of imprisonment, or crimes involving dishonesty or false statement, regardless of the punishment; secondly, to attack the testimony given by the witness on direct examination by a showing of prior inconsistent statements and lastly to attack the witness’ credibility by showing bias, prejudice, or ulterior motives of the witness.

 

LO: 3               REF: p. 129 | 130

 

8. List the objections to the form of the questions asked in a trial.

 

ANS:

• Leading question (suggests the answer that is wanted)
• Calls for speculation
• Argumentative
• Misstates facts in evidence
• Assumes facts not in evidence
• Vague and ambiguous
• Repetitive or cumulative

 

LO: 7               REF: p. 130 | 131