Course Introduction
Criminal Law Exam Preparation Guide
Criminal Law explores the fundamental principles underlying the rules of criminal responsibility and punishment. This course examines the elements of major crimes, such as homicide, theft, assault, and drug offenses, alongside defenses including intoxication, insanity, necessity, and self-defense. Students will analyze how statutes and case law define criminal behavior, the stages of prosecution, and the roles of judges, prosecutors, and defense attorneys. Through the appraisal of real-life cases and statutory interpretation, learners gain an understanding of the societal functions of criminal law and its impact on both individuals and communities.
Recommended Textbook
Criminal Evidence 7th Edition by Norman M Garland
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15 Chapters
948 Verified Questions
948 Flashcards
Source URL: https://quizplus.com/study-set/2928
Page 2
Chapter 1: Introduction to the Law of Evidence and the
Pretrial
Process
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62 Verified Questions
62 Flashcards
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Sample Questions
Q1) Evidence is any information about the facts of a case,including tangible items,testimony,and documents,photographs,or tapes,which,when presented to the jury at trial,tends to prove or disprove those facts.
A)True
B)False
Answer: True
Q2) There are common rules and conditions of parole as set out in writing by probation officers.Which of the following is not one of the rules usually included?
A)not being in possession of a firearm
B)not associating with known criminal offenders
C)attempting to find a job
D)selecting reading material for the parolee
Answer: D
Q3) The Fifth Amendment ensures freedom from unreasonable searches and seizures. A)True
B)False
Answer: False
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Page 3
Chapter 2: The Trial Process
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63 Flashcards
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Sample Questions
Q1) During redirect examination,an attorney may not bring up an issue that has not already been discussed.
A)True
B)False
Answer: True
Q2) What could a witness do that could lead to a mistrial?
Answer: If a witness answers a question which is then objected to and sustained,or if a witness answers after the objection is sustained and the answer contains damaging or prejudicial information to the defendant,the judge in his or her discretion can declare a mistrial.
Q3) Proof beyond a reasonable doubt:
A)is the highest level of proof required by American law.
B)means proof beyond all doubt.
C)means a preponderance of the evidence.
D)equals 50+% of the evidence in one's favor.
Answer: A
Q4) Leading questions usually occur during cross-examination.
A)True
B)False
Answer: True
Page 4
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Chapter 3: Evidence-Basic Concepts
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65 Flashcards
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Sample Questions
Q1) A judge may take judicial notice of all of the following except:
A)the location of a street in a city.
B)a federal statute.
C)the patterns or whorls of fingerprints found at a crime scene matching the defendant's.
D)the day of the week on which a holiday fell upon.
Answer: C
Q2) A court may take judicial notice after the party seeking judicial notice has rested their case.However,a court may not take judicial notice of a fact on appeal.
A)True
B)False
Answer: False
Q3) Conclusive presumptions are sometimes referred to as "irrebuttable."
A)True
B)False
Answer: True
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Chapter 4: Witnesses-Competency and Privileged Communications
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Sample Questions
Q1) Which of the following is false regarding a news reporter privilege?
A)A reporter's claim of privilege will be weighed by the trial judge to determine whether the information sought is vital to the prosecution or defense of a criminal case.
B)The First Amendment guarantee of freedom of the press automatically grants a news reporter-source privilege.
C)A news reporter protection extends to a reporter,publisher,and editor.
D)The privilege covers information discovered by the reporter,including the sources and background data.
Q2) Because the Confrontation Clause requires a witness to appear personally to face the defendant,a witness's written statement in a criminal case is never admissible.
A)True
B)False
Q3) Briefly describe the proposed ABA Model Parent-Child Privilege Statute.
Q4) What are four fundamental conditions that must be established before a person is exempted from testifying in a judicial proceeding based on a claim of privilege?
Q5) What is a voir dire of the witness?
Q6) What is the difference between an oath and an affirmation?
Page 6
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Chapter 5: Witnesses-Lay and Expert
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Sample Questions
Q1) In order to ensure that a witness appears to testify,most lawyers will compel witnesses' attendance by issuing a subpoena.
A)True
B)False
Q2) Which of the following is not a method of impeaching a witness?
A)by contradiction.
B)by proof of motive to falsify.
C)by proof of bad character for truthfulness.
D)by proof of past recollection recorded.
Q3) When the judge examines a writing in camera it means the writing
A)has been photographed and put into evidence.
B)has been authenticated by a qualified expert.
C)has been admitted into evidence.
D)is viewed privately,in the judge's chambers.
Q4) A subpoena duces tecum allows a witness to submit his or her testimony in writing rather than requiring personal appearance at trial.
A)True
B)False
Q5) What are the five basic methods of impeaching a witness?
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Chapter 6: Credibility and Impeachment
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Sample Questions
Q1) Which of the following are covered by the privilege against self-incrimination?
A)Performing certain physical acts
B)Giving physical evidence
C)Testimonial compulsions
D)Exhibiting defendant before a jury
Q2) If the judge orders the witness to answer a question that the witness believes is self-incriminating and the witness refuses to answer,the witness may be held in contempt of court.
A)True
B)False
Q3) A jury can find a witness not credible even if the judge believes the witness is credible.
A)True
B)False
Q4) The scope of cross-examination is limited to the scope of the subject matter of the direct examination.
A)True
B)False
Q5) What are five reasons why a witness may not tell the truth?
Q6) Name and explain the different types of immunity.
Page 8
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Chapter 7: The Hearsay Rule
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Sample Questions
Q1) A statement not actually made by the party but by an individual acting on behalf of a party is:
A)a vicarious opposing parties' statement (admissions)
B)a statement against interest
C)an implicit opposing parties' statement (admissions)
D)an adoptive opposing parties' statement (admissions)
Q2) Which of the following is an example of a spontaneous declaration?
A)Dying declaration
B)Present sense impression
C)Past recollection recorded
D)Adoptive opposing parties' statement (admissions)
Q3) Under the FRE,if a declarant gives a direction or asks a question,it would not invoke the hearsay rule.
A)True
B)False
Q4) The passage of time does not make a business record inadmissible.
A)True
B)False
Q5) What are the four foundational requirements for a dying declaration?
Q6) What are the foundational requirements for former testimony?
Page 9
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Chapter 8: Opposing Partys Statements Admissionsand
Confessions
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Sample Questions
Q1) The Sixth Amendment prohibits deliberately eliciting statements after counsel has been obtained.
A)True
B)False
Q2) If the defendant is convicted and he or she appeals,the appellate court is barred from reviewing the voluntariness of a confession because that is a question of fact for the jury.
A)True
B)False
Q3) Any amount of deception in the form of a ploy to get a suspect to make statements has been held by the United States Supreme Court to amount to coercion and hence in violation of either due process or Miranda.
A)True
B)False
Q4) A Miranda violation is NOT a constitutional violation.
A)True
B)False
Q5) What is the difference,if any,between the Sixth Amendment and the Miranda right to counsel?
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Chapter 9: The Exclusionary Rule-Search and Seizure
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Sample Questions
Q1) A search incident to a lawful arrest enables officers to search the area within the immediate control of the arrestee.
A)True
B)False
Q2) A person has no expectation of privacy in another person's property.
A)True
B)False
Q3) Which of the following is not true about the staleness doctrine?
A)A police officer can only search the place listed in the warrant for 24 hours before the warrant expires.
B)A police officer only has a certain length of time to execute a search warrant before it expires.
C)An arrest warrant does not usually become stale.
D)Probable cause to search or seize an object may dissipate before the search has been conducted.
Q4) The exclusionary rule is also known as the fruit of the poisonous tree doctrine.
A)True
B)False
Q5) Explain the independent source doctrine and give an example.
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Chapter 10: Exclusionary Rule-Identification Procedures
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Sample Questions
Q1) The certainty of a witness is used in conjunction with other factors of reliability in determining if an identification is reliable under the totality of the circumstances.
A)True
B)False
Q2) The totality of the circumstances test does not apply to photographic identification procedures.
A)True
B)False
Q3) An out-of-court identification which is illegal will make an identification made at trial inadmissible.
A)True
B)False
Q4) Which of the following is not considered a critical stage which requires counsel to be present when the police attempt to have a witness or victim identify a suspect?
A)Arrest
B)Preliminary hearing
C)Indictment
D)Arraignment
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Chapter 11: Circumstantial Evidence
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Sample Questions
Q1) Circumstantial evidence is sometimes called indirect evidence.
A)True
B)False
Q2) What are some important factors in considering the character of a witness?
Q3) Self-defense may be based on the theory of fear.
A)True
B)False
Q4) The prosecution cannot show bad character or prior acts of misconduct until the defendant opens the issue.
A)True
B)False
Q5) Evidence may be determined to be relevant but not admissible.
A)True
B)False
Q6) A defendant is required by the Constitution of the United States to take the stand in his or her own defense.
A)True
B)False
Q7) Explain when a victim's character is at issue at trial.
Q8) What are some examples of consciousness of guilt?
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Chapter 12: Documentary Evidence and the Right of Discovery
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Sample Questions
Q1) Exculpatory evidence is defined as evidence favorable to the:
A)prosecution,tending to establish a defendant's guilt.
B)defense,tending to clear a defendant of alleged guilt.
C)defense,in the possession of the prosecution,which must be disclosed to the defense.
D)defense,in the possession of the prosecution,which may be withheld from the defense.
Q2) If a document relates to a collateral matter it must be presented into evidence in its original form.
A)True
B)False
Q3) The best evidence rule is strictly applied to inscribed chattels.
A)True
B)False
Q4) A document's authentication may be established in which of the following ways?
A)Non-expert testimony by a witness with knowledge of the document.
B)Hearsay testimony.
C)Best evidence rule.
D)All documents are self-authenticating.
Q5) What is the range of matters that may be subject to discovery by the defendant?
Page 14
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Chapter 13: Physical Evidence
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Sample Questions
Q1) Instrumentalities of a crime are objects that the defendant used to commit the crime.
A)True
B)False
Q2) The judge often decides the sequence of witnesses called by both the prosecution and the defense.
A)True
B)False
Q3) List five objections that may be used by a defense attorney in order to prevent an item from being admitted as evidence.
Q4) When a crime scene is visited by the jury,it is required that the defendant be present at the viewing.
A)True
B)False
Q5) An officer should usually mark an item of evidence by placing his name,the date,the defendant's name,and the crime committed on the item.
A)True B)False
Q6) When is a crime scene video generally admitted? When is it not?
Page 15
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Chapter 14: Photographic, recorded, and
Computer-Generated Evidence
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Sample Questions
Q1) If a visual aid is used as "demonstrative evidence" it may be admitted into evidence even if it is not totally accurate in every detail.
A)True
B)False
Q2) What data should be included on an identification card placed at a crime scene for photographing? Where should it be placed?
Q3) How many photographs should be taken of a crime scene?
A)As many as is necessary to thoroughly and accurately record all the information available.
B)As many as the prosecution tends to admit into evidence.
C)There is no fixed number for most crimes except homicides.When the crime is a homicide at least twenty photos must be taken,beginning with the general area of the homicide and ending with close-up shots,depicting the wounds.
D)There is no universal fixed number of photographs taken for evidentiary purposes,each police department establishes its own criteria.
Q4) Substantive evidence is used solely to illustrate a witness's testimony.
A)True
B)False
Page 16
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Chapter 15: How to Testify Effectively
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Sample Questions
Q1) How should the officer refer to the defendant while testifying?
A)The officer should point to the defense table.
B)The officer should only refer to the accused as "The defendant."
C)By name,or alternatively by what the defendant is wearing.
D)By an alias to protect the defendants identity.
Q2) A subpoena is a court order demanding the presence of a person in court as a witness.
A)True
B)False
Q3) Which of these questions will most likely be asked of the officer first by the prosecuting attorney?
A)What did you observe when you arrived at the scene?
B)Can you describe the person's attire?
C)How long have you worked as a police officer?
D)At what time did you receive the 911 call?
Q4) Necessary arrangements should be made with the trial attorney if the officer is going on vacation,or is scheduled to work during the trial.
A)True
B)False
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