Test bank for criminal evidence 8th edition norman garland

Test Bank for Criminal Evidence, 8th Edition Norman Garland

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Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false.

1) A witness's false testimony is always the result of lying. ⊚ ⊚

true false

2) One purpose of cross-examination is to present a witness's testimony in the light most favorable to the cross-examiner's case. ⊚ ⊚

3)

A police officer can determine a person's credibility by his or her body language. ⊚ ⊚

4)

true false

All witnesses are impeachable. ⊚ ⊚

6)

true false

Impeachment always begins as soon as a witness is cross-examined. ⊚ ⊚

5)

true false

true false

The primary function of cross-examination is to impeach the witness. ⊚ ⊚

true false

7) The scope of cross-examination is limited to the scope of the subject matter of the direct examination.

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⊚ ⊚

true false

8) The credibility of a witness is entirely dependent upon how much the jury believes his or her testimony. ⊚ ⊚

true false

9) Impeachment by contradiction is a cross-examiner's act of merely asking a witness to deny the fact or facts previously stated on direct examination. ⊚ ⊚

true false

10) Evidence relating to conduct that might show a witness is not to be trusted is not admissible if it resulted in a conviction. ⊚ ⊚

true false

11) The prosecution and the defense have the power to decide who shall be a witness in the sense of choosing people. ⊚ ⊚

12)

true false

Evidence of juvenile adjudications is generally not admissible. ⊚ ⊚

true false

13) Character witnesses can give opinions as to what other people in a community think about the character of a first witness in terms of truthfulness.

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⊚ ⊚

14)

true false

Reputation evidence is not admissible because it violates the hearsay rule. ⊚ ⊚

true false

15) Character witnesses cannot support their opinion of the first witness's character with specific instances of conduct or conversations. ⊚ ⊚

true false

16) For a witness to be impeached by a prior inconsistent statement, that statement must have been made under oath after a trial, hearing, or other proceeding. ⊚ ⊚

true false

17) If a defendant testifies at trial and makes statements inconsistent with a statement made at the time of arrest, the prior inconsistent statement may be used to impeach the defendant, even if it was made in violation of the Miranda rule. ⊚ ⊚

true false

18) If an inconsistent statement is contained in testimony of a witness other than the accused, then a statement taken from the accused in violation of Miranda can be used to impeach. ⊚ ⊚

19)

true false

A biased witness's testimony is excluded if the bias is extreme or severe enough.

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⊚ ⊚

true false

20) A witness may impeach himself or herself without any attack through cross-examination or by another witness. ⊚ ⊚

21)

A witness who does not believe in God can be impeached for a lack of credibility. ⊚ ⊚

22)

true false

true false

If you call a witness, you cannot impeach him or her. ⊚ ⊚

true false

23) The privilege against self-incrimination permits a witness to refuse to answer any question if the answer would tend to show that the witness is guilty of a crime and would subject the witness to the danger of prosecution and conviction. ⊚ ⊚

true false

24) A witness may invoke the privilege against self-incrimination and refuse to answer a question, even if the answer does not directly link the witness to a crime. ⊚ ⊚

true false

25) A criminal defendant may never invoke the privilege against self-incrimination if he or she chooses to testify because he or she automatically waives the privilege by choosing to testify.

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⊚ ⊚

true false

26) If the judge orders a witness to answer a question that the witness believes is selfincriminating and the witness refuses to answer, the witness may be held in contempt of court. ⊚ ⊚

true false

27) A witness may invoke the privilege against self-incrimination if the testimony incriminates someone else. ⊚ ⊚

true false

28) The privilege against self-incrimination extends only to witnesses in criminal trials and not to witnesses in any other kind of trial and official hearings. ⊚ ⊚

true false

29) In the case of Murphy v. Waterfront Commission, the United States Supreme Court held that, whenever a state compels testimony by immunizing a witness, testimony and any derivative evidence must be excluded from federal prosecutions. ⊚ ⊚

30)

true false

The defendant in a criminal trial can be compelled to take the witness stand. ⊚ ⊚

true false

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question.

31) A witness may not be impeached by:

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A) his or her prior testimony.

B) another witness.

C) his or her lack of religious belief.

D) a document.

32) The quality in a witness that renders the witness's evidence worthy of belief is known as _____.

A) liability B) credibility C) culpability D) vulnerability

33) Which of the following persons do not make assessments of a witness's or potential witness's credibility?

A) The judge B) Another witness C) A police officer D) An attorney

34)

Which of the following is true about a witness who is a convicted felon?

A) He or she is incompetent to testify as a witness.

B) He or she cannot be impeached by proof of a prior conviction unless the prior conviction had to do with truthfulness or honesty.

C) He or she cannot be impeached by proof of a prior conviction unless the convicted crime is the same as the current charges.

D) He or she can be impeached by proof of a prior conviction of a felony.

35)

Which of the following illustrates FRE's Rule 403 balancing test?

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A) The evidence is inadmissible if the unfair prejudicial effect of the evidence is merely outweighed by the probative value.

B) The evidence is inadmissible if the probative value of the evidence merely outweighs the prejudicial effect.

C) The evidence is inadmissible if the unfair prejudicial effect of the evidence is substantially outweighed by its probative value.

D) The evidence is inadmissible if the probative value of the evidence is substantially outweighed by its prejudicial effect.

36) When the witness is also the defendant in a criminal case, which of the following balancing tests applies?

A) The evidence is inadmissible if the unfair prejudicial effect of the evidence merely outweighs the probative value.

B) The evidence is inadmissible if the probative value of the evidence merely outweighs the prejudicial effect.

C) The evidence is inadmissible if the unfair prejudicial effect of the evidence is substantially outweighed by the probative value.

D) The evidence is inadmissible if the probative value of the evidence is substantially outweighed by the prejudicial effect.

37) Which of the following is referred to as a person who has sufficient personal knowledge of another individual to be in a position to render an opinion or testify to the reputation of the nature of the person in question?

A) A prosecuting attorney B) A defense lawyer C) A character witness D) A jury member

38) If a witness has not been convicted of a crime, which of the following is true for the purpose of the witness's impeachment?

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A) The witness can be confronted with any acts of misconduct he or she committed in the past that bear upon untruthfulness.

B) The witness cannot be confronted with any acts of misconduct he or she committed in the past.

C) The cross-examiner may confront the witness with evidence that proves the acts of misconduct.

D) The cross-examiner may not confront the witness with evidence that proves the acts of misconduct unless the witness denies knowledge of the acts of misconduct.

39) Which of the following can a character witness not testify to about another witness's traits?

A) Truthfulness B) Believability C) Honesty D) Integrity

40) The form of impeachment that asserts the opposite of a statement or specifically denies a statement is called _____.

A) omission B) contradiction C) incrimination D) adjudication

41)

When can a witness bring in character evidence of his or her good character?

A) Anytime the witness testifies B) Anytime the witness is subject to cross-examination C) Anytime another witness contradicts the first witness's testimony D) Only if the witness is attacked for having bad character

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42)

The process by which the credibility of a witness is attacked is called _____.

A) probation B) arraignment C) adjudication D) impeachment

43)

Which of the following is true about prior consistent statements?

A) They are always admissible to rehabilitate a witness.

B) They are generally not admissible to rehabilitate a witness.

C) They are never admissible to rehabilitate a witness.

D) They are always admissible to rehabilitate a witness if made under oath, while prior consistent statements not made under oath are never admissible.

44)

Which of the following is untrue about prior inconsistent statements?

A) If made by defendant while in custody, Miranda warnings need not be shown to have been given prior to the statement being made for it to be admissible for impeachment.

B) If a statement made by the defendant at trial is inconsistent with a statement made at the time of arrest, Miranda warnings must be shown to have been given prior to the statement being made for it to be admissible for impeachment.

C) If a statement made by the defendant at trial is inconsistent with a statement made at the time of arrest, Miranda warnings do not have to be been given prior to the statement being made for it to be admissible for impeachment.

D) For a pretrial statement by defendant to be admitted at trial as a prior inconsistent statement, it need not be independently admissible as an admission by a party opponent.

45)

Which of the following is not true about a witness who has changed his or her story?

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A) The witness can be impeached by an inconsistent statement.

B) The witness can be impeached by the party calling the witness.

C) The witness can be rehabilitated if it is shown that he or she has a good reputation for truthfulness.

D) The witness can be impeached through cross-examination.

46)

Who can determine if a witness may claim the privilege against self-incrimination?

A) The witness B) The attorney calling the witness C) The attorney cross-examining the witness D) The judge

47)

When may a witness invoke the privilege against self-incrimination?

A) When the witness knows that the answer will subject him or her to the danger of prosecution and conviction B) When the judge is satisfied that the answer would be incriminating C) Only when the witness is testifying in a criminal trial D) Only when the answer would be a complete admission of guilt

48) What factors are not taken into account when determining whether a witness may invoke the privilege against self-incrimination?

A) Whether the witness could have committed the crime B) Whether the statute of limitations has run, thus barring the witness's prosecution C) Whether the answer will affect the witness's credibility and thus subject him or her to impeachment D) The immediate setting of the testimony and other witness's testimony

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49) Which of the following statements is false about a witness who has been granted immunity?

A) The witness may not invoke the privilege against self-incrimination once immunity has been granted.

B) The witness may be held in contempt and jailed for refusing to answer questions.

C) The witness is not subject to prosecution if the same information that the witness testified to can be found somewhere else.

D) The witness can still be impeached.

50) that:

In the case of Murphy v. Waterfront Commission, the United States Supreme Court held

A) if a state grants immunity to a witness, the federal government is not bound by the state's immunity and may still compel the witness to testify in a federal prosecution.

B) if a state grants immunity to a witness, the federal government is bound by the state's immunity and may not compel the witness to testify in a federal prosecution.

C) if the federal government grants immunity to a witness, the state may still use the witness's testimony, as long as it is transactional testimony.

D) if the federal government grants immunity to a witness, the state may still use the witness's testimony, as long as the witness was granted conditional immunity.

51)

Which of the following is not a type of immunity?

A) Conditional immunity B) Blanket immunity C) Transactional immunity D) Use and derivative use immunity

52)

Which of the following is covered by the privilege against self-incrimination?

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A) Performing certain physical acts B) Giving physical evidence C) Testimonial compulsions D) Exhibiting defendant before a jury

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

53) What are the five basic methods of impeaching a witness?

54)

Why would you not want to attempt to impeach every witness's testimony?

55)

What are five reasons why a witness may not tell the truth?

56)

What is the definition of crimes involving dishonesty or false statement?

57) List the four forms of evidence permitted to prove the trait of character relating to untruthfulness.

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58) Why are a witness's biases allowed to discredit his or her testimony without the crossexaminer being required to prove that the witness is not credible, has contradicted his or herself, has bad character, or has made an inconsistent statement?

59) List the four elements of witness capacity, and give an example of how each could aid in the impeachment of a witness.

60) Explain how a witness can be telling the truth, but may, nonetheless, impeach himself or herself.

61)

Why would an attorney want to impeach a witness that he or she called?

62)

Name and explain the different types of immunity.

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63) Explain the relationship of the exclusionary rule to the admissibility of prior inconsistent statements in a criminal trial for the purpose of impeachment.

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Answer Key Test name: Evidence 6 1) FALSE 2) TRUE 3) TRUE 4) FALSE 5) FALSE 6) FALSE 7) TRUE 8) TRUE 9) TRUE 10) FALSE 11) FALSE 12) TRUE 13) FALSE 14) FALSE 15) TRUE 16) FALSE 17) TRUE 18) FALSE 19) FALSE 20) TRUE 21) FALSE 22) FALSE 23) TRUE 24) TRUE 25) FALSE 26) TRUE Version 1

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27) FALSE 28) FALSE 29) TRUE 30) FALSE 31) C 32) B 33) B 34) D 35) D 36) A 37) C 38) A 39) B 40) B 41) D 42) D 43) B 44) B 45) C 46) D 47) B 48) C 49) C 50) B 51) A 52) C

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53) The five basic methods of impeaching a witness: 1) by contradiction; 2) by showing that the witness has a bad character with respect to the trait of truthfulness; 3) by showing that the witness has made statements inconsistent with his or her present testimony; 4) by showing that the witness is biased; and 5) by showing that the witness has a failure or deficiency in the ability to perceive, remember, or narrate.

54) Not all witnesses are impeachable. If a witness's testimony seriously damages the cross-examiner's case, there will be every incentive to attack the witness's credibility. However, an attack upon the witness that fails to shake the witness's credibility may very well backfire and hurt the cross-examiner's case even further.

55) A witness might not tell the truth if he or she is intentionally falsifying his or her testimony or if there is a deficiency in his or her perception, memory, narrative abilities, or sincerity.

56) Crimes involving dishonesty or false statement include "perjury or subordination of perjury [inducing another to commit perjury], false statement, criminal fraud, embezzlement, or false pretenses or any other offense… the commission of which involves some element of deceit, untruthfulness, or falsification bearing on the accused's propensity to testify truthfully."

57) Proof of a trait of character relating to truthfulness may take the form of the following: 1) evidence of conviction of certain crimes; 2) questioning about bad conduct that did not result in a conviction; 3) evidence of a reputation for untruthfulness; and 4) opinion testimony regarding untruthfulness.

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58) If the witness entertains feelings for or against one side or the other in the trial, such as hostility, prejudice, or motives, that would not necessarily result in untruthful testimony, there could very well be a prejudice against one of the sides that would color the testimony.

59) The four elements of witness capacity are: 1) perception; 2) memory; 3) narrative ability; and 4) sincerity. Perception could be attacked if the witness usually wears contact lenses or a hearing aid and on the occasion of the events testified to he or she did not, or used drugs, or drank alcohol. Memory could be challenged if the event occurred several years before the witness testified, or if the witness was very young or very old. Narrative ability would also affect witness capacity if the witness has a disability or was very young or very old. Sincerity can be attacked if, for example, his or her testimony at trial is at odds with his or her prior testimony or past conduct.

60) A person who testifies truthfully may impeach himself or herself by his or her conduct on the stand, such as the witness's attitude or manner of speaking; the inability to testify convincingly; or the witness hesitates, repeats, or becomes confused to such an extent that the jurors believe the witness is lying.

61) Usually an attorney only calls a witness if he or she believes that the witness will help his or her side. Occasionally, a witness cannot be depended on to give the testimony anticipated, does not come forth with the information expected or in the form expected, or changes his or her story. Once this occurs, the attorney will want to impeach the witness so that the jurors will not be persuaded by the witness's testimony.

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Test Bank for Criminal Evidence, 8th Edition Norman Garland

62) There are two types of immunity—use and derivative use immunity and transactional immunity. Use and derivative use immunity prohibits the use of any testimony that is specifically immunized and any evidence derived from it in a prosecution of the immunized witness. Transactional immunity protects the immunized person from prosecution for all activity the witness mentions in his or her immunized testimony.

Transactional immunity is sometimes referred to as "blanket immunity."

Most jurisdictions utilize use and derivative use immunity rather than transactional immunity to limit the effects of immunization.

63) If a defendant testifies at trial and makes statements inconsistent with statements made at the time of arrest, the prior inconsistent statement may be used to impeach the defendant even if it was made under circumstances that violated Miranda.

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