Midterm Exam

c. trier of the facts.

Based on *Apprendi v. New Jersey*, facts used by the judge when determining the defendant's sentence must be decided by the:

a. prosecutor.

b. person writing the presentence investigation report.

c. trier of the facts.

d. trier of the laws.

b. something (including testimony, documents, and tangible objects) that tends to prove or disprove the existence of an alleged fact.

Evidence is defined as:

a. direct evidence that the defendant committed the charged offenses.

b. something (including testimony, documents, and tangible objects) that tends to prove or disprove the existence of an alleged fact.

c. facts the jury relies upon when reaching a verdict.

d. information the police discover during the investigation of a crime.

a. defense can try to persuade the jury that the prosecution has not established the defendant's guilt.

In a criminal trial in the United States, the defense has the "burden of persuasion." This means:

a. defense can try to persuade the jury that the prosecution has not established the defendant's guilt.

b. defense must prove that someone other than the defendant committed the crime.

c. defense must establish that the defendant did not commit the crime.

d. defense must prove that the defendant is innocent.

a. judge

In a jury trial, who is the "trier of the law"?

a. judge

b. defense

c. police

d. prosecution

d. beyond a reasonable doubt

The "burden of proof" required for a conviction in a criminal case in the United States is:

a. preponderance of the evidence.

b. probable cause.

c. clear and convincing.

d. beyond a reasonable doubt.

a. Congress

The Federal Rules of Evidence were enacted by:

a. Congress

b. the U. S. Supreme Court.

c. the Presiding Justices of the U. S. Court of Appeals.

d. the American Association of Law Schools.

b. the earliest form of juries used jurors who already had personal knowledge of the case.

The most notable difference between early juries and the ones used today is that:

a. today jurors are excluded if they have any knowledge of the case.

b. the earliest form of juries used jurors who already had personal knowledge of the case.

c. modern juries are larger.

d. the earliest juries in England were composed of people who spent their careers as professional jurors.

b. the page in volume 384 of United States Reports on which the case can be found.

The official citation for *Miranda v. Arizona* is 384 U.S. 436 (1966). The number 436 is:

a. the volume of United States Reports in which the case can be found.

b. the page in volume 384 of United States Reports on which the case can be found.

c. the code section of the United States Code where the case can be found.

d. None of these is correct

a. exercising judicial discretion.

When a judge decides whether a witness should answer numerous questions asked by the defense to challenge the prosecution witness's memory, the judge is:

a. exercising judicial discretion.

b. acting as the "trier of the facts".

c. changing the burden of proof.

d. interfering with the defense's burden of persuasion.

a. judge presiding over the trial

Who decides if evidence is admissible at trial?

a. judge presiding over the trial

b. prosecution

c. an expert witness

d. defense

False

A criminal defense attorney must present every possible defense even though he/she believes a particular defense is frivolous.

* True
* False

True

A prosecutor is ethically required to give the defense all evidence that he/she has that tends to show that the accused may be not guilty.

* True
* False

True

The defendant's right to assistance of counsel is guaranteed by the Sixth Amendment.

* True
* False

False

The Federal Rules of Evidence apply in all federal and state courts in the United States.

* True
* False

False

The term *evidence* refers to all physical objects admitted at trial, but not testimony.

True

False

a. with the court in jurisdiction where person is currently confined.

A Petition for Writ of *Habeas Corpus* should be filed:

a. with the court in jurisdiction where person is currently confined.

b. with the court in jurisdiction where conviction was entered.

c. with the U. S. Supreme Court.

d. with the appellate court in state where conviction was entered.

b. only for first post-conviction appeal

An indigent defendant who has been convicted of a felony has the right to appointed counsel for:

a. only for appeals filed by the prosecution.

b. only for first post-conviction appeal

c. all appeals of the conviction.

d. all appeals of conviction in state court but not federal court.

d. are heard only if the justices of the higher court agree to consider the case

Discretionary appeals in criminal cases:

a. can only be used to seek the reversal of a conviction.

b. are automatically filed after the direct appeal.

c. must allege that the initial appellate court abused its discretion in deciding the case.

d. are heard only if the justices of the higher court agree to consider the case

c. cannot re-file the case or file lesser included offenses.

If an appellate court reverses a case based on insufficient evidence, the prosecutor:

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a. can re-file the case based on his/her own discretion.

b. can re-file the case as long as the new filing is based on lesser charges than the original case.

c. cannot re-file the case or file lesser included offenses.

d. can re-file the case if it has evidence that was not admitted at the first trial.

a. it is the first case where the U.S. Supreme Court ruled that it has the authority to declare legislation enacted by Congress unconstitutional

***Marbury v. Madison*** is important historically because:

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a. it is the first case where the U.S. Supreme Court ruled that it has the authority to declare legislation enacted by Congress unconstitutional

b. it was the first case to hold that the Executive Branch must obey laws enacted by Congress.

c. none of these

d. it was the first case decided by the U.S. Supreme Court.

b. for all actions done in good faith

Police officers have qualified immunity from suit under the Civil Rights Act of 1871:

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a. only for actions mandated by state law.

b. for all actions done in good faith

c. for all actions done in the line of duty.

d. they do not have qualified immunity.

d. All of these

Section 1983 allows a person to sue a local government employee in federal court for a violation of:

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a. Fourth Amendment.

b. Equal Protection.

c. Due Process.

d. All of these

c. requires that individuals convicted in state court file federal *habeas corpus* petitions within one year of the exhaustion of their state court remedies

The Antiterrorism and Effective Death Penalty Act of 1996:

a. abolished the right to file federal *habeas corpus* in death penalty cases.

b. abolished the right of inmates convicted in state court to file *habeas corpus* in federal courts.

c. requires that individuals convicted in state court file federal *habeas corpus* petitions within one year of the exhaustion of their state court remedies

d. has no bearing on *habeas corpus* proceedings.

b. Petition for Writ of Certiorari

The document used to ask the U.S. Supreme Court to hear a case is called:

a. Petition for Writ of Habeas Corpus.

b. Petition for Writ of Certiorari

c. Petition to Proceed *in Forma Pauperis.*

d. Petition for Hearing.

b. double jeopardy prevents an appellate court from reversing an acquittal

The prosecution rarely files direct appeals because:

a. criminal cases rarely go to trial.

b. double jeopardy prevents an appellate court from reversing an acquittal

c. they are prohibited by law from doing so except in extraordinary circumstances.

d. prosecuting agencies do not hire appellate attorneys.

c. commission of crime and filing criminal charges

The statute of limitations applies to the time elapsed between:

a. filing charges and beginning of trial.

b. conviction and final decision by appellate courts.

c. commission of crime and filing criminal charges

d. commission of crime and beginning of trial.

True

A direct appeal of a conviction in a criminal case is restricted to issues that were raised at trial.

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True

False

True

A federal judge can be impeached if convicted of a felony.

\
True

False

True

Geographical jurisdiction of a court in a criminal case is based on the location where the crime was committed.

\
True

False

True

In a criminal case, the judge can set aside the verdict if the jury voted to convict but not if they voted to acquit.

\
True

False

True

State court systems have a **hierarchical organization**.

\
True

False

True

The U. S. District Court is the trial court in the federal system.

\
True

False

False

The U.S. Constitution explicitly gives the U.S. Supreme Court the authority to declare that laws are unconstitutional.

\
True

False

a. the verdict is read in open court

A verdict becomes part of the official court record when:

a. the verdict is read in open court

b. the defendant is sentenced.

c. the judge receives the verdict form signed by the jury foreperson.

d. jurors vote on the charge.

b. rehabilitate a witness

An attorney will use re-direct examination to:

a. conduct *voir dire* of an expert witness.

b. rehabilitate a witness

c. impeach a witness.

d. ask questions that he/she forgot to ask during direct examination.

a. none of these

At a Grand Jury Hearing, the defendant has the right to:

a. none of these

b. have an attorney present.

c. call defense witnesses.

d. cross examine witnesses.

c. *prima facie* case

At the Preliminary Hearing, the prosecution must establish each felony charged by:

a. beyond a reasonable doubt.

b. preponderance of the evidence.

c. *prima facie* case

d. probable cause.

c. all of these

During the prosecution's case in chief:

a. the prosecutor conducts direct examination of all witnesses.

b. the defense has the right to cross examine all prosecution witnesses.

c. all of these

d. prosecution must establish guilt for each crime beyond a reasonable doubt.

a. indicted

If a prosecutor takes a case to the grand jury and the grand jury agrees with the prosecutor about the charges, the defendant will be:

a. indicted

b. arrested.

c. denied bail.

d. convicted.

d. remove a potential juror who the attorney subjectively believe is likely to vote for the opposing side

Peremptory challenges are used during jury selection for:

a. peremptory challenges are not used in criminal cases because the Supreme Court ruled that they are unconstitutional.

b. dismiss a potential juror who cannot serve on the jury due to financial hardship.

c. removing a potential juror who has admitted his/her mind is already made up.

d. remove a potential juror who the attorney subjectively believe is likely to vote for the opposing side

a. during direct and cross examination

The Contemporaneous Objection Rule applies during criminal trials:

a. during direct and cross examination

b. only during direct examination

c. only during impeachment

d. never

a. after the jury returns a guilty verdict

The pre-sentence investigation report is usually prepared:

a. after the jury returns a guilty verdict

b. after the preliminary hearing.

c. only if requested by the defense.

d. before the charges are filed by the prosecutor.

b. Have evidence declared inadmissible because of a Fourth Amendment violation

Which of the following requests would be considered at a suppression hearing?

a. All of these are considered at suppression hearings

b. Have evidence declared inadmissible because of a Fourth Amendment violation

c. Quash a subpoena to testify at trial

d. Dismiss charge because prosecution presented insufficient evidence to meet its burden of proof at the preliminary hearing

b. anyone who takes the witness stand

Who can be impeached at trial?

a. any witness except the defendant

b. anyone who takes the witness stand

c. only witnesses who commit perjury

d. impeachment is not done during trial.

False

Due Process mandates unanimous verdicts in criminal trials.

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True

False

True

During discovery, the prosecution has a duty to disclose evidence in its possession that tends to indicate the defendant is not guilty.

\
True

False

True

During *voir dire*, prospective jurors are questioned to determine their ability to serve on the jury.

\
True

False

False

Grand jury proceedings are required by the U.S. Constitution in all cases involving felonies.

\
True

False

True

If a jury is unable to "reach a verdict," it is referred to as a "hung jury."

\
True

False

True

Opening statements are not evidence in the trial.

\
True

False

False

Physical evidence is introduced in court based on a statement by the attorney explaining why the item is relevant to the case.

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True

False

c. a logical conclusion drawn from the facts introduced into evidence

An inference is:

a. a conclusion that the judge tells the jurors that they must draw.

b. a conclusion that is drawn about the person who is testifying.

c. a logical conclusion drawn from the facts introduced into evidence.

d. a fact that is assumed to have happened if the basic fact was established.

d. it makes it appear that a fact probably occurred

An item of evidence introduced by the prosecution at trial has probative value if:

a. it proves a fact with the use of an inference.

b. it must do all of these in order to have probative value.

c. it proves a fact without the need for additional evidence.

d. it makes it appear that a fact probably occurred.

d. restates what another witness has already testified about

Cumulative evidence:

a. applies when physical evidence validates testimonial evidence.

b. none of these are correct.

c. proves the same fact as a prior witness but by another means.

d. restates what another witness has already testified about.

b. disprove the basic fact.

If the defense introduces evidence on the basic fact in order to establish a conclusive presumption, the prosecution should:

a. disprove the presumed fact.

b. disprove the basic fact.

c. disprove either the basic fact or the presumed fact.

d. ask that the jury be instructed that presumptions cannot be used in criminal cases.

a. disprove either the basic fact or the presumed fact

If the defense introduces evidence on the basic fact in order to establish a rebuttable presumption, the prosecution should:

a. disprove either the basic fact or the presumed fact.

b. ask that the jury be instructed that presumptions cannot be used in criminal cases.

c. disprove the presumed fact.

d. disprove the basic fact.

d. attorneys for both sides must agree on the stipulated fact

In order to have a stipulation:

a. the physical item stipulated to must be produced at trial.

b. more than one witness must testify that the stipulated fact exists.

c. the stipulation must be in writing and signed by the judge.

d. attorneys for both sides must agree on the stipulated fact.

b. made under oath.

In order to qualify as testimonial evidence, the statement must be:

a. contain no hearsay.

b. made under oath.

c. be a first-hand observation.

d. all of these are required

b. the prejudicial impact on the jury outweighs its probative value

The defendant had a minor felony conviction, but did not commit any crimes for 20 years after that. She is now on trial for an unrelated type of crime. The felony conviction is not admissible because:

a. the evidence is material but not relevant.

b. the prejudicial impact on the jury outweighs its probative value.

c. the evidence is cumulative evidence.

d. the evidence is corroborative evidence.

b. circumstantial evidence requires the use of an inference but direct evidence does not

The difference between direct and circumstantial evidence is:

a. circumstantial evidence requires the use of a presumption but direct evidence does not.

b. circumstantial evidence requires the use of an inference but direct evidence does not.

c. direct evidence requires the use of an inference but circumstantial evidence does not.

d. direct evidence requires judicial discretion but circumstantial evidence is not.

d. only if the prosecution establishes the basic fact beyond a reasonable doubt

The prosecution is allowed to use presumptions to establish that the defendant is guilty:

a. only if the prosecution establishes the presumed fact beyond a reasonable doubt.

b. only if the prosecution established the basic fact by a preponderance of the evidence.

c. only if the prosecution establishes the presumed fact by a preponderance of the evidence.

d. only if the prosecution establishes the basic fact beyond a reasonable doubt.

d. all of these

The term "real evidence" refers to:

a. photographs.

b. physical objects.

c. documents.

d. all of these

c. testimony of eyewitness describing the defendant shooting the victim

Which of the following would be direct evidence in a murder case?

a. testimony of police officer describing the confession the defendant made

b. testimony of an expert witness that there is a 1 in 3 million chance that the DNA found at the scene could have come from someone other than the defendant

c. testimony of eyewitness describing the defendant shooting the victim

d. DNA test that establishes that the defendant's blood was found at the crime scene

False

A conviction cannot be based entirely on circumstantial evidence.

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True

False

False

A judge takes judicial notice only if an attorney has requested it.

\
True

False

True

Direct evidence establishes a fact without an inference.

\
True

False

True

Relevant evidence includes any evidence that tends to prove (or disprove) a disputed fact in the case.

\
True

False

True

Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of misleading the jury.

\
True

False

True

The judge may take judicial notice of any commonly known fact.

\
True

False

d. are admissible as circumstantial evidence of the defendant's guilt at the murder trial.

Attempts to intimidate witnesses so that they will not testify in court in the defendant's murder trial:

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a. are admissible to show guilt at the murder trial only if corroborated.

b. can be charged as a separate offense but are not admissible at the murder trial.

c. are admissible to show guilt at the murder trial only if the defendant has been arrested for  intimidating the witnesses.

d. are admissible as circumstantial evidence of the defendant's guilt at the murder trial.

c. if defense places character at issue.

Evidence about the defendant's character is admissible at trial:

a. at the discretion of the judge .

b. at the discretion of the prosecutor.

c. if defense places character at issue.

d.if defendant denies the charges.

a. if the defendant is claiming mistaken identity as a defense at the current trial.

Evidence the defendant has previously committed similar crimes is admissible:

a. if the defendant is claiming mistaken identity as a defense at the current trial.

b. only if the defendant takes the stand and denies the prior offenses.

c. only if there is sufficient similarity to satisfy a *modus operandi.*

d. prior offenses are not admissible because they are prejudicial.

b. the jurors can infer that he is not guilty of the crime if they believe him.

If the defendant testifies that it was physically impossible for him to have committed a crime because he had a bad back and could not lift the heavy object that was stolen:

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a. the defendant must provide documentation of his physical disability.

b. the jurors can infer that he is not guilty of the crime if they believe him.

c. defendant's testimony is inadmissible because lack of physical capacity can only be established by an expert witness.

d. the prosecutor must introduce expert testimony showing he has the capacity to commit the crime.

b. jury

In a jury trial, who determines if a witness is telling the truth?

a. judge

b. jury

c. prosecutor

d. defense attorney

a. creates an inference that the person obtained the money from the robbery.

The fact that a person suddenly has a lot of money a short time after a robbery of a nearby bank and refuses to explain where the money came from:

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a. creates an inference that the person obtained the money from the robbery.

b. creates a presumption that the person obtained the money legally.

c. creates an inference that the person obtained the money legally.

d. creates a presumption that the person is guilty of robbery.

b. only if his degree establishes skill and/or technical knowledge necessary to commit the crime.

The fact that the defendant has a graduate degree in software design is admissible in a case in which a hacker bypassed a company's security system and transferred money to a Swiss bank account:

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a. only if the prosecutor can show prior acts of hacking by the defendant.

b. only if his degree establishes skill and/or technical knowledge necessary to commit the crime.

c. only if the defendant designed software used on the company's computer.

d. only if the degree was from an accredited university.

c. admissible to show motive for the defendant to kill the victim.

The fact that the defendant received $100,000 from a life insurance policy due to the death of the murder victim is:

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a. admissible only if the prosecution can show that the defendant paid for the life insurance policy.

b. inadmissible because it would be unduly prejudicial.

c. admissible to show motive for the defendant to kill the victim.

d. admissible only if there is physical evidence connecting the defendant to the murder.

a. as circumstantial evidence that the defendant is guilty.

The prosecution can introduce evidence that the defendant tried to conceal evidence:

a. as circumstantial evidence that the defendant is guilty.

b. only if the defendant is charged with receiving stolen property.

c. only if the evidence is never found.

d. only at the trial of the person charged with helping the defendant hide the evidence.

a. to infer that the current injuries were not accidental.

X-rays showing numerous broken bones in various stages of healing can be used in a prosecution of a parent for abusing a child:

a. to infer that the current injuries were not accidental.

b. only if there is corroboration that the person on trial inflicted the injuries.

c. not admissible unless defendant was convicted for inflicting the prior injuries.

d. only if an expert in the battered child syndrome testifies.

True

If a person has previously reported a crime to the police and it was determined that the person intentionally lied, it can be inferred that a more recent report the same person made to the police is also false.

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True

False

False

Prior threats to commit a similar crime are never admissible at trial because they are unduly prejudicial.

\
True

False

False

The character traits of the victim are irrelevant in a criminal trial.

\
True

False

b. if it would be considered an immoral act.

A witness can be impeached for having committed a crime in the recent past even though it did not result in a conviction:

a. only if crime is perjury.

b. if it would be considered an immoral act.

c. never

d. only if criminal charges are pending.

c. all of these can be used to show bias or prejudice

Bias or prejudice can be shown by:

a. having a financial interest in the outcome of the case.

b. racism.

c. all of these can be used to show bias or prejudice

d. friendship.

c. in the same manner as lay witnesses.

Expert witnesses can be impeached:

a. only if it can be proven they falsified the test results.

b. only if they lied about their education and/or experience in the field.

c. in the same manner as lay witnesses.

d. only during *voir dire.*

d. attorney who is cross examining the witness.

Impeachment of a witness is conducted by the:

a. attorney who called the witness.

b. judge.

c. jury.

d. attorney who is cross examining the witness.

b. the physical evidence included in the hypothetical question must have been introduced into evidence.

In order to answer a hypothetical question:

a. the witness must have examined all of the evidence.

b. the physical evidence included in the hypothetical question must have been introduced into evidence.

c. all of these are required

d. the witness must have a Ph.D. in the field that applies to the question.

d. have knowledge of the subject based on education and/or experience.

In order to be allowed to testify as an expert witness, the person must:

a. have worked in the field for at least 5 years.

b. all of these are required

c. have a graduate degree in the subject.

d. have knowledge of the subject based on education and/or experience

In which of the following situations is a lay witness allowed to give an opinion?

a. general statement about speed of a car

b.

all of these

c.

identification of someone's handwriting

d.

voice identification

b. if the defendant who made the confession takes the witness stand and makes inconsistent statements

Portions of a confession that were obtained in violation of *Miranda* can be used to impeach:

a. whenever the person who made the confession takes the witness stand.

b. if the defendant who made the confession takes the witness stand and makes inconsistent statements.

c. only if the witness admits making the statement.

d. never

d. the jury needs the help of an expert in order to understand facts of the case.

When an attorney is laying the foundation for an expert witness, the attorney must establish that:

a. the expert has at least 5 years of experience in the field.

b. all of these must be established

c. the expert has previously testified at trial.

d. the jury needs the help of an expert in order to understand facts of the case.

c. insufficient memory of the incident but has knowledge indicating the report is accurate.

When Past Recollection Recorded is used at trial, the witness who made a report must testify:

a. insufficient memory of incident or making the report.

b. knowledge indicating that the report is accurate.

c. insufficient memory of the incident but has knowledge indicating the report is accurate.

d. to no memory of incident or making the report.

When the Present Memory Refreshed Rule is used, what is the witness allowed to use to help him/her recall events observed at the time the crime was committed?

a. the report a police officer wrote

b. all of these can be used to refresh memory

c. notes the witness took at the time

d.

a newspaper story about the crime

a. be at least 7 years old

Which of the following is NOT a requirement to be allowed to testify at trial?

a. be at least 7 years old

b. understand the duty to tell the truth

c. All of these are requirements for a witness to testify at trial

d. be able to narrate the events in question

False

Corroborative evidence merely restates what has already been introduced into evidence.

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True

False

True

Expert witnesses are allowed to state their professional opinions.

\
True

False

True

In some situations, the witness's physical disabilities can be used to impeach.

\
True

False

True

Prior felony convictions can be used to impeach a witness.

\
True

False

Rehabilitation occurs at trial only if the witness was impeached.

\
True

False

Statements made by a person who is not available at trial for cross examination are never admissible in a criminal trial.

\
True

False