Criminal Evidence Principles And Cases International 8th Edition by Thomas J. Gardner – Test Bank
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Sample Test
CHAPTER
3
MULTIPLE CHOICE
1. In
terms of procedure,
2. felony
cases involve more steps and protections for defendants than misdemeanor cases.
3. misdemeanor
cases involve more steps and protections for defendants than felony cases.
4. felony
and misdemeanor cases have exactly the same procedures.
5. most
states require grand jury review in misdemeanor cases but not in felony cases.
ANS:
C LO:
1
REF: p.54
2. An
indictment is a formal criminal charge issued by
3. the
police.
4. the
judge.
5. the
prosecutor.
6. the
grand jury.
ANS:
D LO:
2
REF: p.55
3. In
states that do not use grand juries, the formal charging document is the
4. criminal
complaint.
5. information.
6. habeas
corpus.
7. indictment.
ANS:
B LO:
1
REF: p.55
4. At
the procedure termed ____________, the defendant will enter a formal plea to
the charges.
5. arraignment
6. pretrial
motions
7. preliminary
hearing
8. coram
nobis
ANS:
A LO: 1 |
2 REF: p.55
5. Another
term for a no contest plea is a plea of
6. former
jeopardy.
7. guilty
but mentally ill.
8. nolo
contendere.
9. guilty
on conditions.
ANS: C
LO:
2
REF: p.55
6. If a
defendant refuses to enter a plea, the court will enter a plea of
7. not
guilty.
8. guilty.
9. no
contest.
10.
not guilty by reason of insanity.
ANS:
A LO:
2
REF: p.55
7. In
the U.S., the overwhelming majority of persons charged with felonies ultimately
will plead
8. not
guilty.
9. guilty.
10.
no contest.
11.
double jeopardy.
ANS:
B LO:
2
REF: p.57
8. If a
defendant wants to plead guilty, the defendant must
9. waive
a number of rights.
10.
prove to the judge that s/he is not insane.
11.
be represented by an attorney.
12.
have agreed to a plea bargain.
ANS:
A LO:
2
REF: p.58
9. In
an Alford plea,
the defendant pleads guilty but refuses
10.
to waive the right to a jury trial.
11.
to plea bargain.
12.
to admit guilt.
13.
to acknowledge the jurisdiction of the court.
ANS:
C LO:
2
REF: p.58
10.
In a typical conditional plea, the defendant pleads guilty but
reserves the right to
11.
appeal certain issues.
12.
a jury trial.
13.
a bench trial.
14.
a speedy and public trial.
ANS:
A LO:
2
REF: p.59
11.
In the federal system and most states, if the defendant raises
the insanity defense, the burden of proof is
12.
on the prosecution to disprove the defense.
13.
on the defendant to prove the defense.
14.
on the defendant to prove the defense beyond a reasonable doubt.
15.
on the prosecution to disprove the defense beyond a reasonable
doubt.
ANS:
B LO:
4
REF: p.60
12.
An affirmative defense is one in which the defendant
13.
denies doing the criminal act.
14.
argues the defense of double jeopardy.
15.
has agreed to a plea bargain.
16.
admits doing the act but claims other matters that will result
in an acquittal.
ANS: D LO:
4
REF: p.57
13.
Which of the following is the weakest argument in favor of
guilty plea pursuant to a plea bargain?
14.
Such pleas help alleviate the problem of heavy caseloads and
long
backlogs of cases.
15.
Such pleas eliminate the cost and delay of appeals.
16.
A guilty plea can be the first step toward genuine
rehabilitation.
17.
Pleas are a more open and well-informed procedure than a trial.
ANS:
D LO:
3
REF: p.62
14.
A defendant’s offer to plead guilty
15.
cannot be used as evidence if the defendant goes to trial.
16.
can be used at trial as evidence of guilt.
17.
can be used as evidence at trial if the prosecution consents.
18.
can be used at trial if the defendant fails to plea bargain in
good faith.
ANS:
A LO: 2 |
4 REF: p.65
15.
In most appeals,
16.
the appeal takes the form of a new trial.
17.
the appeals court reviews the records for errors.
18.
the defendant usually is ordered to be acquitted.
19.
the prosecution must again prove that the defendant was guilty
beyond a
reasonable doubt.
ANS:
B LO:
1
REF: p.69
16.
The purpose of _____ is to assure the defendant’s appearance at
trial.
17.
bail
18.
presentence investigation
19.
a criminal history investigation
20.
an employment check
ANS:
A LO: 1
REF: p. 66
17.
Plea bargaining may involve substituting a guilty plea to one
offense for a trial on ________ offenses
18.
petty
19.
multiple
20.
misdemeanor
21.
felony
ANS:
B LO:
2
REF: p.61
18.
The ________ Amendment of the U.S. Constitution states that
“Excessive bail shall not be required.
19.
Fourth
20.
Fifth
21.
Sixth
22.
Eighth
ANS:
D LO:
1
REF: p.66
19.
The level of proof required in criminal cases is proof beyond a
_________doubt.
20.
cannot be used as evidence if the defendant goes to trial.
21.
can be used at trial as evidence of guilt.
22.
can be used as evidence at trial if the prosecution consents.
23.
reasonable
ANS:
D LO:
1
REF: p.56
20.
Affirmative defenses include insanity, immunity, _______, and double
jeopardy.
21.
entrapment
22.
incapacity
23.
inadvertency
24.
conspiracy
ANS:
A LO:
2
REF: p.57
TRUE/FALSE
1. Every
case that proceeds to the warrant phase will ultimately be disposed of by plea
or trial.
ANS:
F LO: 1
REF: p.72
2. In
most jurisdictions, a defendant who is charged with a misdemeanor has a right
to both a preliminary hearing and grand jury review.
ANS: F
LO:
1
REF: p.55
3. An
indictment is a formal charging document issued by a grand jury.
ANS:
T LO:
1
REF: p.55
4. An
Information is a formal charging document issued by a prosecutor.
ANS:
T LO:
1
REF: p.55
5. A
defendant who pleads no contest is subject to the same range of punishments as
one who pleads guilty.
ANS:
T LO:
2
REF: p.59
6. A nolo contendere plea
is the same as a not guilty plea.
ANS:
F LO:
3
REF: p.59
7. A
majority of states and the federal courts have a plea and verdict of guilty but
mentally ill.
ANS:
F LO:
3
REF: p. 60
8. In
the U.S., most felony cases will ultimately be disposed of by a jury trial.
ANS:
F LO:
1
REF: p.57
9. If a defendant
and prosecutor agree to a plea bargain and guilty plea, the judge cannot
lawfully refuse the plea and plea bargain.
ANS:
F LO:
3
REF: p.64
10.
In an Alford plea,
the defendant pleads guilty but refuses to admit to committing the crime.
ANS:
T LO:
3
REF: p.58
11.
The Constitution never allows a judge to accept an Alford
ANS:
F LO:
1
REF: p.58
12.
In order to preserve the right to appeal an issue after entry of
a guilty plea, a defendant would attempt to enter a conditional plea.
ANS:
T LO:
2
REF: p.59
13.
All states allow a plea of not guilty by reason of insanity.
ANS:
F LO:
2
REF: p.60
14.
The defense of insanity is successful in a majority of cases
where the defendant uses such a defense.
ANS:
F LO:
2
REF: p.63
15.
Both defense attorneys and prosecutors evaluate the strength and
admissibility of evidence in deciding upon strategies for handling the case.
ANS:
T LO: 1 |
4 REF: p.55
16.
One of the goals of the criminal justice system is seeking
retribution for victims.
ANS:
F LO:
4
REF: p.54
17.
In general, cases with significant evidentiary problems are
likely to be weeded out.
ANS:
T LO:
3
REF: p.68
18.
One of the purposes of some of the rules of evidence is to
assist in finding the truth.
ANS:
T LO:
4
REF: p.56
19.
The rules of evidence always apply.
ANS:
F LO:
3
REF: p.56
20.
In using the insanity defense, most defendants also enter a not
guilty plea.
ANS:
T LO:
2
REF: p.61
FILL-IN-THE-BLANK
1. Following
the filing of a criminal complaint, the judge or magistrate may issue an arrest
_____________.
ANS:
warrant
LO:
1
REF: p.28
2. In
many jurisdictions, before trial, a defendant charged with a felony may be
entitled to a preliminary ____________.
ANS: hearing
LO: 1
REF: p.55
3. A/n
___________ is a formal criminal charge issued by a grand jury.
ANS: indictment
LO: 1
REF: p.55
4. A/n
____________ is a formal criminal charge issued by a prosecutor.
ANS: information
LO: 1
REF: p.55
5. The
formal court proceeding where the defendant pleads to the charges is called a/n
_____________.
ANS: arraignment
LO: 1
REF: p.55
6. A no
contest plea is the same as a ____________ plea.
ANS: nolo contendere
LO:
2
REF: p.55
7. A
guilty plea where the defendant refuses to admit committing the crime is called
a/n ____________ plea.
ANS: Alford
LO: 2
REF: p.58
8. A
guilty plea where the defendant reserves certain rights (such as the right to
appeal a legal issue) is termed a/n ____________ plea.
ANS: conditional
LO: 2
REF: p.60
9. Of
the cases that go to trial, about 20 percent are tried before a ____________.
ANS: judge
LO:
1
REF: p.67
10.
____________ is usually the last resort or final step in
defendants attempting to overturn their convictions.
ANS: Habeus
Corpus
LO:
2
REF: p.72
11.
Many defendants plea bargain and plead guilty in hopes of
obtaining a lighter (or more lenient) _____________.
ANS:
sentence
LO: 3
REF: p.64
12.
Although an appellate court may find that errors were committed
at the trial, only ____________ errors will result in a new trial.
ANS: reversible
LO:
1
REF: p.69
13.
A “best practice” includes a ____________ review of evidence.
ANS: team
LO: 1
REF: p.53
14.
The ____________ plea requires evidence of disease or defect.
ANS: insanity
LO: 2
REF: p.60
15.
The greatest risk of granting _________ is flight.
ANS: bail
LO: 1
REF: p.66
ESSAY
1. Briefly
trace the steps in a typical state felony case from commission of the crime
to habeas corpus.
Briefly describe what happens at each step. What are the legal methods by which
someone convicted in state court could challenge their conviction in a federal
court?
ANS: Criminal cases begin with a criminal complaint filed in
misdemeanour crimes, or indictments in felony cases where grand juries are
used. After arrest, the defendant is arraigned before a judge or magistrate, a
plea is taken, and the case is bound over for trial. A preliminary hearing is
usually held, where a judge decides only if sufficient evidence exists to
justify a trial. A state prisoner ordinarily uses a writ of habeas corpus
in attempting to get his or her case into the federal courts. To do this, a
violation of a right under the U.S. Constitution must be shown. Because there
are very few violations (or errors) of this type, few habeas corpus hearings
are granted.
LO: 1
REF: p.68
2. Define,
discuss, compare, and contrast the pleas of guilty, not guilty, and no contest
(nolo contendere).
Why would a person plead no contest rather than guilty?
ANS: The regular
guilty plea is made in open court upon a showing that the
defendant did in fact commit the criminal act or acts with which he or
she is charged and upon a showing that the defendant voluntarily and
intelligently is entering the guilty plea and waiving the right to a
trial. In this guilty plea and all other guilty pleas, the defendant is
subject to the statutory penalties of the state. However, it is a common
practice in the United States to reward the defendant who enters a guilty plea
with a lesser sentence under the sentencing guidelines and practices of the
state. The Alford
guilty plea permits a defendant to enter a guilty plea without
admitting guilt. The no
contest or nolo
contendere plea allows the defendant not to contest the
criminal charge or charges against her. Defendants who believe they will be
sued in a civil court for their criminal conduct sometimes seek to use this
plea. The conditional
guilty plea is used when a defendant seeks to preserve the
right to appeal a ruling of the trial judge.
LO: 2
REF: p.59
3. How
do prosecutors and defense attorneys weigh the strength and admissibility of
the evidence when determining whether plea bargaining will be successful?
ANS: The defense lawyer seeks to discover and obtain evidence
helpful to his client. He may also make some or all of the following motions
before the court:
- Motion
to dismiss because of insufficient evidence, etc.
- Motion
to dismiss because of improper procedure, constitutionality of statute,
etc.
- Motion
to suppress evidence (statements, physical evidence, identification
evidence, or procedure, etc.)
- Motion
for discovery of evidence
The defense’s decision on whether to try the case before a jury
or a judge is generally based on the evaluation of the case and the evidence.
Because weaker cases are filtered out of the system or charged as lesser
offenses, most cases that reach the trial stage are strong governmental cases.
In these cases, the defense may attempt to plea bargain or may enter a guilty
plea. If the state has a weakness in its case at this stage, the state may
attempt to plea bargain.
LO:
4
REF: p.68
4. Assume
the role of defense attorney. Would you ever encourage a client to use the
insanity plea? Why or why not? Under what circumstances? Explain your answers
fully.
ANS: The student response should be based on the fact that most
defendants will be held for observation longer than they would have been
incarcerated if found guilty of the crime. Secondly, most states place
the burden on a defendant using the insanity plea to come forward with evidence
showing that he or she was so mentally diseased or defective that he or she was
unable to formulate the mental intent to commit the crime charged.
LO:
2
REF: p.63
5. Evidence
case reviews increase efficiency and lead to higher clearance rates. Discuss
why these reviews are helpful. Focus your discussion on questions about
evidence that may aid in a review, i.e., physical evidence, witnesses,
suspect(s) confession(s).
1. ANS:
Team reviews allow for better communication and exchange of information between
officers involved in an investigation, who might work different shifts. Whether
done informally or pursuant to established department policy, evidence reviews
can increase the efficiency of investigations and lead to higher clearance
The following list suggests some of the methods and questions that are
raised in a team review; what physical evidence is available, was the physical
evidence obtained in a manner that may be seriously attacked or suppressed
under the exclusionary or derivative evidence rule? Are there problems with the
chain of custody of the evidence? What witnesses are available and how reliable
and dependable are the witnesses? Have the witnesses listed below been
evaluated (on a scale from Excellent to Poor, or unknown) on their reliability,
dependability, credibility, willingness to testify, and importance of their
testimony, as well as their age and appearance? What are some likely ways
the witnesses may be attacked on cross- examination? What evidence is available
to corroborate statements made by witnesses, especially eyewitnesses? Is
there a suspect or suspects? What are the reasons for targeting the suspect?
Are any persons related to the case in police custody? If so, on what charges?
Are charges for an offense other than the crime under investigation? If so, are
the offenses related? Is there an opportunity for multiple clearances?
Are confessions or incriminating statements available as evidence? If so: Where
and when were the statements made?
LO:
4
REF: p.53 | 54
6. Explain
how the rules of evidence are not designed to be of assistance in the search
for truth but have other purposes; they often actually hinder the search for
the truth.
ANS: Testimonial privilege rules that have been created to
protect relationships and interests, such as husband-wife, attorney-client, and
physician-patient. These relationships have been determined to be of sufficient
importance to justify sacrificing what might be reliable evidence from being
used in criminal and civil trials. The rule of the exclusion of evidence
(the exclusionary
rule) that is used to discourage and deter law enforcement
officers from improper or illegal conduct or procedure. This form of “policing
the police” sometimes prevents reliable evidence from being used in criminal
trials.
LO: 4
REF: p.56
7. Discuss
the pros and cons of possible bail outcomes from a prosecutorial and defense
attorney position.
ANS: The defense lawyer argues that high bail punishes a
defendant and that defendants can be punished only after trial and
conviction. Another argument of defense lawyers is that high bail can be
used as preventive detention, to unlawfully detain a defendant based on only
the possibility that the defendant may be a threat to others.
In most states, preventive detention in this sense is not
regarded as a legitimate basis for setting bail. In asking for high bail,
prosecutors generally stress the seriousness of the crime, the viciousness of
the criminal act, and the strength of the evidence against the defendant.
LO: 1
REF: p.66
8. Discuss
the method and procedure in place for the reviewing of sentencing.
ANS: Imposed sentences may be reviewed by the following
authorities:
- Trial
judge: On
a motion by the defense attorney, the trial judge reviews his or her
sentence of a particular defendant and may modify the sentence after
hearing arguments presented by both the defense lawyer and the prosecutor.
- Appellate
courts (including the U.S. Supreme Court and state supreme courts): On
appeal, an appellate court may find that a particular sentence was not
within the statutory authority of the trial judge to impose, or that the
sentence violated the Eighth Amendment’s Cruel and Unusual Punishment
Clause.
- Federal
courts: A
state prisoner ordinarily uses a writ of habeas corpus in attempting to
get his or her case into the federal courts. To do this, a violation of a
right under the U.S. Constitution must be shown. Because there are very
few violations (or errors) of this type, few habeas corpus hearings are
granted.
- State
parole board or parole authorities: Parole authority is
granted by a statute of that state. State statutes might provide that
parole eligibility for murder does not commence until after sixteen
years—or after twenty or twenty-five years. Whether the convicted person
is released on parole (and the conditions of parole) is then determined by
the parole board.
- The
president of the United States and state governors: The
president and state governors have broad power to pardon, grant amnesty,
or commute a sentence. Such authority is constitutional, with additional
statutory power often provided. Article II of the U.S. Constitution provides
that the president “shall have Power to grant Reprieves and Pardons for
Offenses against the United States, except in Cases of Impeachment.
LO: 1
REF: p.70 | 72
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
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