Criminal Evidence Norman Garland 8th Edition- Test Bank
To Purchase this Complete Test Bank with Answers Click the link Below
https://tbzuiqe.com/product/criminal-evidence-norman-garland-8th-edition-test-bank/
If face any problem or
Further information contact us At tbzuiqe@gmail.com
Sample Test
Criminal Evidence, 8e (Garland)
Chapter 3 Evidence-Basic Concepts
1) To be admissible in court, evidence need only have any
tendency to make the existence of a fact of consequence more probable or less
probable than it would be without the evidence.
Answer: TRUE
Accessibility: Keyboard Navigation
2) Corroborative evidence is evidence that repeats earlier
testimonial or tangible evidence, whereas cumulative evidence is additional evidence
of a different character supporting the same point.
Answer: FALSE
Accessibility: Keyboard Navigation
3) “Relevant evidence” and “material evidence” are
interchangeable terms.
Answer: FALSE
Accessibility: Keyboard Navigation
4) The term “competency” is used to describe whether certain
evidence is admissible or not.
Answer: TRUE
Accessibility: Keyboard Navigation
5) Contradictory evidence and corroborative evidence are two
opposite forms of evidence.
Answer: TRUE
Accessibility: Keyboard Navigation
6) The “burden of proof” refers to the admissibility of evidence
at trial.
Answer: FALSE
Accessibility: Keyboard Navigation
7) The degree of evidence that a defendant claiming insanity is
required to produce is consistent across jurisdictions, including under the
Federal Rules of Evidence (FRE).
Answer: FALSE
Accessibility: Keyboard Navigation
8) For a scientific or medical fact to fall within the realm of
judicial notice, it must be an established fact.
Answer: TRUE
Accessibility: Keyboard Navigation
9) Judicially noticed facts are treated the same way in civil
and criminal trials.
Answer: FALSE
Accessibility: Keyboard Navigation
10) A court may take judicial notice of a fact after the party
seeking judicial notice has rested its case. However, a court may not take
judicial notice of a fact on appeal.
Answer: FALSE
Accessibility: Keyboard Navigation
11) A common presumption is that a person who has been missing
for five years is dead.
Answer: FALSE
Accessibility: Keyboard Navigation
12) Primafacie evidence
is evidence that requires an eyewitness.
Answer: FALSE
Accessibility: Keyboard Navigation
13) Corroborative evidence is evidence that contradicts other
evidence already given, tending to weaken or refute the prior evidence
introduced.
Answer: FALSE
Accessibility: Keyboard Navigation
14) Most jurisdictions permit judges to take judicial notice of
all public statutes, or laws, of the United States, as well as those of their
own state.
Answer: TRUE
Accessibility: Keyboard Navigation
15) Presumption and inference are synonyms.
Answer: FALSE
Accessibility: Keyboard Navigation
16) Conclusive presumptions can be used to prove an element of
the crime charged in criminal cases.
Answer: FALSE
Accessibility: Keyboard Navigation
17) In judging the validity of a presumption, one must conclude
that the presumptive fact follows from the basic fact more likely than not.
Answer: TRUE
Accessibility: Keyboard Navigation
18) A true presumption requires the jury to find the presumed
fact from the existence of the basic fact and may be called a mandatory
presumption.
Answer: TRUE
Accessibility: Keyboard Navigation
19) A police officer should be aware that there is no
presumption of innocence.
Answer: FALSE
Accessibility: Keyboard Navigation
20) Witnesses whose memories have been hypnotically refreshed
are banned from testifying.
Answer: FALSE
Accessibility: Keyboard Navigation
21) A “true presumption” consists of a basic fact and a presumed
fact.
Answer: TRUE
Accessibility: Keyboard Navigation
22) A stipulation is an agreement between the judge and the
attorneys as to the existence of a particular fact or group of facts.
Answer: FALSE
Accessibility: Keyboard Navigation
23) The burden of proof is upon the prosecution, and the
defendant is entitled to a presumption of innocence unless and until the
prosecution satisfies its burden.
Answer: TRUE
Accessibility: Keyboard Navigation
24) Despite differences in religious beliefs, Sunday is accepted
as being the Sabbath.
Answer: FALSE
Accessibility: Keyboard Navigation
25) The universal rule in the United States is that the results
of the polygraph, or lie detector, are admissible in court.
Answer: FALSE
Accessibility: Keyboard Navigation
26) Material evidence does not have to be relevant to be
admitted.
Answer: FALSE
Accessibility: Keyboard Navigation
27) Facts upon which trial parties and their attorneys agree and
that may be presented during a trial without formal proof being required are
called ________.
1. A)
depositions
2. B)
stipulations
3. C)
inferences
4. D)
contrabands
Answer: B
Accessibility: Keyboard Navigation
28) A court may judicially notice:
1. A)
recordings and photographs.
2. B)
evidence lawfully obtained by a police officer.
3. C)
eyewitness testimony.
4. D)
the existence and content of public laws.
Answer: D
Accessibility: Keyboard Navigation
29) In the context of a case on trial, who decides what facts
are of consequence, and thus material?
1. A)
The police officer
2. B)
The jury
3. C)
The judge
4. D)
The attorney general
Answer: C
Accessibility: Keyboard Navigation
30) The term “competency” is ordinarily used when a judge
decides:
1. A) whether
a person is qualified to testify in a trial proceeding.
2. B)
whether certain evidence, or a witness, is reliable.
3. C)
whether a witness is mentally challenged.
4. D)
whether a certain piece of evidence is the original.
Answer: A
Accessibility: Keyboard Navigation
31) A primafacie criminal
case is made when the prosecution has established that a crime has been
committed and:
1. A)
that the accused was probably present.
2. B)
that the accused probably committed it.
3. C)
that the accused has no clear and convincing alibi.
4. D)
that the accused had a motive.
Answer: B
Accessibility: Keyboard Navigation
32) Primafacie evidence
is often the result of a violation of:
1. A) a
treaty.
2. B)
the defendant’s Fifth and Sixth Amendment rights.
3. C) a
statute.
4. D)
federal law.
Answer: C
Accessibility: Keyboard Navigation
33) Evidence that is supportive of other evidence already given,
tending to strengthen or confirm the prior evidence, is called ________.
1. A)
corroborative evidence
2. B)
contradictory evidence
3. C) cumulative
evidence
4. D)
character evidence
Answer: A
Accessibility: Keyboard Navigation
34) A preponderance of evidence is said to be:
1. A)
clear and convincing.
2. B)
fifty percent plus a feather.
3. C)
fifty percent.
4. D) a
good chance.
Answer: B
Accessibility: Keyboard Navigation
35) The presumption that the prosecution must overcome to find a
defendant guilty beyond a reasonable doubt is:
1. A)
the presumption of insanity.
2. B)
the presumption of innocence.
3. C)
the presumption of penance.
4. D)
the presumption of guilt.
Answer: B
Accessibility: Keyboard Navigation
36) To be admissible in court, evidence must be:
1. A)
relevant.
2. B)
reliable.
3. C)
necessary.
4. D)
exculpatory.
Answer: A
Accessibility: Keyboard Navigation
37) According to FRE 401, relevant evidence is:
1. A)
evidence that has any tendency to make a fact more or less probable than it
would be without the evidence, and the fact is of consequence in determining
the action.
2. B)
evidence that must make the existence of any fact that is of consequence to the
determination of the action more probable or less probable than it would be
without the evidence.
3. C)
evidence that pertains to a fact of consequence to the case on trial.
4. D)
evidence that is competent.
Answer: A
Accessibility: Keyboard Navigation
38) All of the following could be examples of prejudicial
evidence except:
1. A)
the defendant’s prior convictions.
2. B)
photographs of the decomposed body.
3. C)
religious beliefs of the defendant.
4. D)
the medical examiner’s report.
Answer: D
Accessibility: Keyboard Navigation
39) Relevant evidence should be admitted:
1. A)
when the evidence is prejudicial.
2. B)
when the evidence is improperly obtained by the police officer.
3. C)
when the evidence is hearsay.
4. D)
when the evidence passes the FRE 403 balancing test.
Answer: D
Accessibility: Keyboard Navigation
40) Contradictory evidence is
1. A)
evidence used to disprove a fact that has been asserted.
2. B)
evidence that is supportive of other evidence already given.
3. C)
evidence that is repetitious of an earlier testimony.
4. D)
additional evidence of a different character, supporting an aspect of the case.
Answer: A
Accessibility: Keyboard Navigation
41) A judge may take judicial notice of a fact because:
1. A)
the jury is not competent to decide the issue.
2. B)
the judge feels the fact is irrelevant to the case.
3. C)
the judge wants to save time and money.
4. D)
None of the answers are correct.
Answer: C
Accessibility: Keyboard Navigation
42) A judge may not take judicial notice of a fact if:
1. A)
the fact is in dispute.
2. B)
the subject is generally known within the jurisdiction of the trial court.
3. C)
one of the parties makes a request for notice and supplies the court with the
necessary information to verify the fact.
4. D)
the subject is capable of accurate and ready determination.
Answer: A
Accessibility: Keyboard Navigation
43) During a criminal case, the jury must be given discretion to
accept or reject a judicially noticed fact because:
1. A) a
criminal jury is typically more intelligent than a civil jury, and hence better
able to decide what evidence is materially relevant.
2. B)
the defendant’s Sixth Amendment right to a jury trial will be violated.
3. C) a
criminal trial does not have the same time constraints as a civil trial.
4. D) it
is the jury’s, not the judge’s, job to take judicial notice of a fact.
Answer: B
Accessibility: Keyboard Navigation
44) A conclusion drawn from an observation or a series of
observations is called ________.
1. A) a
deposition
2. B) an
inference
3. C)
contraband
4. D)
probation
Answer: B
Accessibility: Keyboard Navigation
45) When a true presumption operates, the jury is told:
1. A)
that they may find a presumed fact to exist even when there is no evidence of
the presumed fact, other than the evidence of the basic fact.
2. B)
that they must find a presumed fact to exist even when there is no evidence of
the presumed fact, other than the evidence of the basic fact.
3. C)
that they may find a presumed fact to exist.
4. D)
that they must find a presumed fact to exist.
Answer: B
Accessibility: Keyboard Navigation
46) The “balancing test” serves to exclude some evidence:
1. A)
even though that evidence may have some arguable relevance.
2. B) if
the defendant requests the test be applied.
3. C) if
the crime was a felony or tried in a federal court.
4. D) if
the crime was a felony or tried in a state court.
Answer: A
Accessibility: Keyboard Navigation
47) Primafacie evidence
that a homicide has been committed includes:
1. A)
one individual observing another shoot a third person.
2. B) an
unverified tip by an anonymous informant.
3. C)
the discovery of unburied human remains.
4. D) a
person missing for more than three years.
Answer: A
Accessibility: Keyboard Navigation
48) If there is no primafacie case
made in the government’s case-in-chief, ________.
1. A)
the judge may declare a mistrial
2. B)
the prosecution has satisfied its burden of proof
3. C)
the defendant will likely be convicted anyway
4. D)
the defendant is entitled to a judgment of acquittal
Answer: D
Accessibility: Keyboard Navigation
49) The law of evidence is designed to:
1. A)
ensure the timeliness of evidence presented at trial.
2. B)
question the relevancy of evidence presented at trial.
3. C)
ensure the accuracy of evidence presented at trial.
4. D)
protect the defendant in both civil and criminal trials.
Answer: C
Accessibility: Keyboard Navigation
50) Witnesses whose memories have been hypnotically refreshed:
1. A)
are materially unreliable.
2. B)
are banned from testifying.
3. C)
must have reasonable restrictions placed on the use of the portion of their
testimony that may have resulted from hypnosis.
4. D)
have severe restrictions placed on the use of the portion of their testimony
that may have resulted from hypnosis.
Answer: D
Accessibility: Keyboard Navigation
51) Which of the following operates as a substitute for
evidence?
1. A)
Judicial notice
2. B)
Corroborative evidence
3. C)
Stipulation
4. D)
Contradictory evidence
Answer: A
Accessibility: Keyboard Navigation
52) The issues of balancing and competency are not included in
the definition of:
1. A)
corroborative evidence.
2. B)
relevant evidence.
3. C)
cumulative evidence.
4. D)
material evidence.
Answer: D
Accessibility: Keyboard Navigation
53) Which of the following has not gained acceptance and thus is
not judicially recognized as a scientific fact or principle?
1. A)
Radar for determining speed
2. B)
Polygraph, or lie detector
3. C)
Fingerprint analysis
4. D)
Hair structure
Answer: B
Accessibility: Keyboard Navigation
54) What are the two types of presumptions used in the law of
evidence? Explain.
Answer: In the law of evidence, a presumption is a term of
art that has limited and specific effects in operation. Presumptions may be 1)
“mandatory” or 2) “rebuttable.” “Rebuttable” presumption means the opponent of
the presumption may introduce evidence to rebut the presumption’s conclusion. A
true presumption requires the jury to find the presumed fact from the existence
of the basic fact and may be called a “mandatory presumption.” When a true
presumption operates, the jury is told that they must find a
presumed fact to exist, even when there is no evidence of the presumed fact
other than the evidence of the basic fact.
Accessibility: Keyboard Navigation
55) Describe some of the more common rebuttable presumptions.
Answer:PresumptionofInnocence. Perhaps
there is no better known rebuttable presumption than that “a person is presumed
innocent until proved guilty” or, as it is sometimes stated, “a person is
presumed innocent of a crime or a wrong.”
PresumptionofSanity. There is a general
presumption that all persons are sane. This presumption of sanity stems from
the fact that sanity is the normal human condition. It permits the prosecution
to proceed with a criminal trial without having to first prove the defendant to
have been sane at the time that the crime was committed.
ChildrenUnderaCertainAgeAreNotCapableofCommittingaCrime. Under
this common law, it was “conclusively presumed” that a child under the age of
seven was not capable of committing a crime—a presumption of incapacity.
Not all states in the United States recognize this presumption
as conclusive; some term it a rebuttable presumption.
Accessibility: Keyboard Navigation
56) Why do a majority of jurisdictions refuse to allow a
presumption as evidence?
Answer: If a presumption is classified as evidence, it may
confuse the jury into giving the presumption as much weight as witness
testimony and tangible evidence. By declaring that presumptions are not
evidence, the law materially lessens the burden upon the jury, as the jurors
may, with a clear conscience, give greater weight to evidence presented than to
the deduction that must be drawn from a presumption.
Accessibility: Keyboard Navigation
57) Explain why evidence that is not relevant is not admissible,
but not all relevant evidence is admissible.
Answer: Evidence that is not relevant is not admissible.
However, even relevant evidence can be inadmissible. Evidence may be excluded
from trial for reasons that have nothing to do with logical relevance. One such
reason for exclusion is when the evidence has a tendency to unduly prejudice or
inflame the minds of the jury. Relevant evidence may also be excluded because
it would tend to cause confusion or create so many side issues that trial time
would be wasted if it was admitted.
Accessibility: Keyboard Navigation
58) Judicially noticed facts are treated differently in civil
and criminal trials. Explain the difference.
Answer: A criminal jury must be given discretion to accept
or reject a judicially noticed fact, or the defendant’s Sixth Amendment right
to trial by jury will be violated. Judicially noticed facts are treated
differently in civil and criminal trials. According to FRE 201(f), “In a civil
case, the court must instruct the jury to accept the noticed fact as
conclusive. In a criminal case, the court must instruct the jury that it may or
may not accept the noticed fact as conclusive.”
Accessibility: Keyboard Navigation
59) Evidence may be categorized within four general headings.
What are these four headings?
Answer: These classifications cover all forms of evidence:
(1) Testimony of witnesses; (2) real, or physical, evidence; (3) documents, or
writings; and (4) demonstrative evidence, i.e., visual or audiovisual aids for
the jury.
Accessibility: Keyboard Navigation
60) Explain the judicial notice of words, phrases, and
abbreviations in a criminal trial. Give examples.
Answer:A court takes judicial notice of commonly known words,
phrases, or abbreviations. For example, the words “whiskey” and “wine” are
recognized as intoxicating beverages. The abbreviations “A.M.” and “P.M.” are
well known and are accepted in court. Slang is judicially noticed. For example,
“piece” is recognized as “gun,” and “waste him” is acknowledged to mean “kill
him.” A judge may even take notice of jargon or terms used in the vernacular
when the meaning of the term is in widespread use. For example, the term “coke”
is so well known in certain contexts to mean “cocaine” that a judge may take
judicial notice of that fact.
Accessibility: Keyboard Navigation
61) What is meant by the term “burden of proof”?
Answer: The burden of proof is the responsibility to
present evidence in a case that persuades the fact-finder of the truth of the
claims the evidence is offered to support. In a criminal trial, the prosecution
has the burden of going forward with the evidence initially and proving the
defendant guilty beyond a reasonable doubt. This is a necessity arising from
the fact that a person is “presumed innocent” until proven guilty, a
presumption that is the bedrock of our criminal justice system.
Accessibility: Keyboard Navigation
62) There is no legal presumption that a “person is presumed to
know the law.” How then can someone be arrested, tried, and convicted of an act
without knowing the act was illegal?
Answer: There is a maxim or rule of law providing that
everyone is assumed to know the law and that ignorance of the law is no defense
for a criminal act. Additionally, the claim that one did not know that an act
was punishable is not a defense. This maxim is based on the demands of society.
Otherwise, successful prosecutions could be defeated if offenders were able to
claim ignorance of the law as their defense.
Accessibility: Keyboard Navigation
63) Why can’t the accused in a sexual assault case introduce
evidence that a victim has had consensual sexual relations with someone else to
show that he or she likely consented to sex with the accused?
Answer: Public policy balances the interests of the
society as a whole. Even though that evidence may have some arguable relevance
on the issue of consent, the policy of promoting the report of sex offenses and
protecting victims has been declared by the lawmakers to far outweigh the
minimum relevant value of the evidence to the accused.
Accessibility: Keyboard Navigation
64) Explain the concept of materiality.
Answer: The term “materiality” refers to whether or not a
fact is one of consequence to the case. The issues of balancing and competency
are not included in the definition of materiality. Thus, it is appropriate to
speak of material or immaterial facts as part of the formula for relevance. In
any case, the judge decides what facts are of consequence, and thus material,
based on the definitions of law and the pleadings. The criminal law defines the
elements of crimes and defenses that, in part, determine materiality in any
given case. The complaint, information, or indictment in a criminal case will
also set the limits of what is a material fact in any given case. For example,
a defendant is on trial for murder by intentional killing. Evidence of the cost
of the shoes the victim was wearing has nothing to do with the case, either
under the law of homicide or as the accused was charged. Therefore, that fact
is immaterial.
Accessibility: Keyboard Navigation
65) There exists a general presumption of sanity. However,
explain how the burden shifts once a defendant raises the issue as an
affirmative defense.
Answer: In all federal prosecutions, if the defendant
raises an affirmative defense of insanity, the Insanity Defense Reform Act of
1984 places the burden of proof upon the defendant to establish insanity by
clear and convincing evidence. In the absence of such a statute, the
presumption of sanity would disappear, and the prosecution would have to prove
sanity beyond a reasonable doubt or by a preponderance of the evidence.
Accessibility: Keyboard Navigation
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
Accessibility: Keyboard Navigation
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
Accessibility: Keyboard Navigation
3) A subpoena ducestecum allows
a witness to submit his or her testimony in writing rather than requiring
personal appearance at a trial.
Answer: FALSE
Accessibility: Keyboard Navigation
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
Accessibility: Keyboard Navigation
5) Few circumstances excuse a person from attendance as a
witness.
Answer: TRUE
Accessibility: Keyboard Navigation
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
Accessibility: Keyboard Navigation
7) A subpoena issued in California is valid in Arizona.
Answer: FALSE
Accessibility: Keyboard Navigation
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
Accessibility: Keyboard Navigation
9) To ensure that a witness appears to testify, most lawyers
compel witnesses’ attendance by issuing a subpoena.
Answer: TRUE
Accessibility: Keyboard Navigation
10) A law enforcement officer usually falls into the category of
a lay witness.
Answer: TRUE
Accessibility: Keyboard Navigation
11) A leading question is the first question asked of a witness
on direct or cross-examination.
Answer: FALSE
Accessibility: Keyboard Navigation
12) A lawyer is not allowed to use leading questions when
attempting to impeach a witness.
Answer: FALSE
Accessibility: Keyboard Navigation
13) The narrative form of interrogation allows a witness to
submit his or her testimony in writing instead of testifying in person.
Answer: FALSE
Accessibility: Keyboard Navigation
14) No question may be asked of a witness on cross-examination
unless its subject has been brought up during direct examination.
Answer: TRUE
Accessibility: Keyboard Navigation
15) Dislike for a party is an example of provable bias.
Answer: TRUE
Accessibility: Keyboard Navigation
16) A witness must always answer all questions the judge
permits.
Answer: FALSE
Accessibility: Keyboard Navigation
17) The jury is not required to accept the opinion of an expert
witness.
Answer: TRUE
Accessibility: Keyboard Navigation
18) Opinion testimony of a lay witness is never allowed.
Answer: FALSE
Accessibility: Keyboard Navigation
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
Accessibility: Keyboard Navigation
20) An expert witness is a person of great educational
background or training.
Answer: FALSE
Accessibility: Keyboard Navigation
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
Accessibility: Keyboard Navigation
Comments
Post a Comment