SAMPLE EXAM QUESTIONS FOR CRIMINAL
EVIDENCE/PROCEDURE
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1. What is the most fundamental principle upon which criminal
procedure is based?
A. fairness
B. justice
C. balance *
D. perfection
2. In the tension between ends and means in criminal procedure, it
has been said we have given up the quest for truth and settled on lesser goals.
Which one of these lesser goals has been referred to as "the sporting theory of
justice"?
A. fairness
B. correctness *
C. reasonableness
D. regularity
3-8. Matching: match the word with the letter for it's definition
| ____ fair | A. Detachment in observation & judgment |
| ____ just | B. Dictated by conscience or reason |
| ____ equitable | C. Conformity with what's right or proper |
| ____ impartial | D. Unaffected by strong emotions |
| ____ objective | E. Without bias or favoritism |
| ____ dispassionate | F. Straight, clear, free or consistent |
9. Which of the following would probably be the best statement of the
principle of regularity?
A. It's not whether you win or lose, it's how you play the game
B. Good always wins out over evil, even if irregularly
C. Often the best product is the one produced by the best process
D. Sometimes fairness requires reaching beyond correctness *
10. With the principle of objectivity, the concept of objectivity is
an elastic one designed to protect people from what?
A. pendulum swings in criminal procedure
B. lack of substantive due process
C. deterioration of quality of life
D. invasions of life, liberty, or property *
11. What is it called when a police investigation begins to focus
upon a specific suspect?
A. a proactive law enforcement strategy
B. the accusatory stage *
C. the beginning of formal proceedings
D. the high point of the criminal process
13. What part of the criminal prosecution steps is designed to test
the government's case by determining if there is probable cause to try the case?
A. first appearance
B. preliminary hearing *
C. arraignment
D. pretrial motions
14. Which part of the Bill of Rights guarantees protection against
compulsory process?
A. Fourth Amendment
B. Fifth Amendment
C. Sixth Amendment *
D. Eighth Amendment
15. What is meant by saying "it does not pay a law much of a
compliment to declare it constitutional"?
A. parallel rights at the state level could raise the federal minimum standard *
B. declarations of constitutionality could only be for reasons of correctness
C. Type I and Type II errors are rampant in laws declared constitutional
D. constitutionality requires laws to have necessary but not sufficient elements
16. What is the position of the Supreme Court with respect to
differences among the states in criminal procedure?
A. the states should follow Model Codes, Rules, and Standards
B. the states are encouraged to experiment with criminal procedure *
C. the states can do anything they want as long they don't claim supremacy
D. the states cannot reincorporate rights that haven't been incorporated yet
17. Which case gave the Supreme Court the power to nullify or
invalidate a state law?
A. Martin v. Tennessee
B. Marbury v. Madison
C. Turner v. Ford
D. McCulloch v. Maryland *
18. Which concept expressing the full potential of constitutional
criminal procedure came out of the "Scottsboro Boys" case and another case on
police brutality?
A. Due Process
B. Fundamental Fairness *
C. Equal Protection of Law
D. Total Incorporation
20. In Hutado v. California, what eventually became the settled law
on due process?
A. due process was a substantive right
B. due process was a procedural right
C. due process was a substantive right for procedural guarantees
D. due process was a procedural right for substantive guarantees *
21. Which of the following violates due process of law most of the
time?
A. a less than unanimous jury
B. a less than 12-person jury
C. extensive waivers resulting in a speedy trial
D. massive pretrial publicity *
22. Which of the following cases was involved in establishment of the
Fundamental Fairness Doctrine?
A. Terry v. Ohio
B. Brown v. Mississippi *
C. Tennessee v. Garner
D. Mapp v. Ohio
23. Which of the following is Equal Protection not about?
A. process
B. product *
C. price
D. perfection
26. Which level of scrutiny is mainly used in race discrimination
cases?
A. rational basis
B. compelling basis
C. intermediate
D. strict *
27. Which level of scrutiny is mainly used in gender discrimination?
A. rational basis
B. compelling basis
C. intermediate *
D. strict
28. Which level of scrutiny involves a presumption of
unconstitutionality?
A. rational basis
B. compelling basis
C. intermediate
D. strict *
29. Which of the following cases would be an example of the rational
basis scrutiny test?
A. a case involving a law against homeless people *
B. a case involving a law against homosexuals
C. a case involving the loss of rights for ex-criminals
D. a case involving the loss of rights for bastard children
30. In the case of U.S. v. Virginia Military Institute, what was the
reason the court gave for rejecting Virginia's argument that women would degrade
the curriculum?
A. the Court said Virginia's curriculum was already degraded
B. the Court said this was a violation of due process
C. the Court said this was a violation of fundamental fairness
D. the Court said that this was not rationally related to a sound admissions
policy *
31. When strict scrutiny is used, what is the test the government
must use to determine whether the law in question should be upheld?
A. rational relationship
B. compelling interest *
C. necessary but not sufficient causation
D. the but for test
32. Which of the following is not a rationale for the Doctrine
of Suppression?
A. public trust
B. systemic integrity
C. infliction of pain in order to deter
D. blameworthiness *
33. Which Supreme Court justice coined the term "penumbra" for the
right to privacy?
A. Felix Frankfurter
B. William O. Douglas *
C. John Marshall
D. Oliver Wendall Holmes
34. What case signaled a major shift in judicial interpretation of
the right to privacy?
A. Griswold v. Connecticut
B. Terry v. Ohio
C. Katz v. U.S. *
D. Illinois v. Gates
35. The concept that is most at the heart of the idea of probable
cause is:
A. fundamental fairness
B. due process
C. reasonableness
D. quantum of evidence *
36. What is the difference between reasonableness and the reasonable
man standard?
A. reasonableness can be reduced to a formula while reasonable man cannot
B. reasonable man can be reduced to a formula while reasonableness cannot *
C. reasonableness is a concept associated with due process, not fundamental
fairness
D. reasonable man is a concept associated with only fundamental fairness
37-39. Fill in the blanks for what is considered the best definition
of Probable Cause
Probable cause is more than ______________; it exists when the facts and
circumstances within the officers knowledge and of which they had
_______________________ information are sufficient in themselves to warrant a
man of ________________________ in the belief that an offense has been or is
being committed.
40. Which of the following concepts is most closely associated with
the test for "totality of circumstances"?
A. due process
B. fundamental fairness
C. probable cause
D. reasonableness *
41. A law which changes the rules of evidence to make it easier for the prosecution to obtain a conviction than would otherwise be attainable at the time the crime was committed would be an example of __________.
A. a bill of attainder C. a writ of habeus corpus
B. an ex post facto law * D. a remand
42. The Fourth Amendment sets probable cause as the minimum standard for issuing warrants.
A. True * B. False
43. Probable cause is the standard for warrantless arrest in a felony situation.
A. True * B. False
44. Which of the following comes closest to a definition of probable
cause?
A. a hunch or gut instinct on the part of an officer
B. a set of facts and opinions which lead to an articulable suspicion
C. a group of facts which would convince a reasonable person *
D. the preponderance of evidence which offers clear and convincing support
45. Common law refers to definitions of terms brought to this country from England in the:
A. 15th Century C. 17th Century *
B. 16th Century D. 18th Century
46. Any appellate court has the authority to reverse the decision of a lower court, even if this reversal is inconsistent with the prior opinions of higher courts.
A. True B. False *
50. If a person standing ten feet across the state line in Virginia shoots and kills a person in North Carolina, who would have jurisdiction in the case?
A. Virginia C. both Virginia and North Carolina
B. North Carolina * D. neither, it would be a federal crime
51. The term original jurisdiction refers to the power of:
A. hearing a case that is not subject to an interstate compact agreement
B. hearing a case in a trial court that has been heard in a municipal court
C. hearing a case that has never been tried in any court before *
D. hearing a case in a criminal court that has been tried in civil court
52. The right to certeriori, or case review, exists if a state statute says it exists.
A. True B. False *
53. With extradition proceedings, the court does not normally question how jurisdiction was obtained as this is usually an executive matter.
A. True * B. False
54. If a case is filed in the wrong court, it may be dismissed for change of venue, but the prosecution is usually given a chance to refile the case in the correct court.
A. True * B. False
55. Double jeopardy is prohibited by which Amendment?
A. 4th C. 6th
B. 5th* D. 8th
56. Double jeopardy prohibits multiple prosecutions for the same offense in different states UNLESS the offense is worded differently in the state statutes of each state.
A. True * B. False
57. Double jeopardy prohibits a second prosecution if the person successfully appealed and had the conviction reversed.
A. True B. False *
58. Jury nullification occurs ONLY if the jury disregards the jury instructions and renders an acquittal. It does not refer to when the jury disregards the law and renders a conviction.
A. True * B. False
59. The process of finding bad laws through researching reversals of opinions is called:
A. incorporation C. thresholding
B. landmarking D. shepardizing *
60. The majority view on the Incorporation Debate is that the 14th Amendment makes all Bill of Rights guarantees directly applicable to the States.
A. True B. False *
61. A watershed case is a term most likely referring to a case which:
A. is intended to change society or be a social experiment *
B. establishes a test, doctrine, or rule
C. establishes a boundary not to be crossed
D. creates more adversarial aspects in criminal procedure
62. Which of the following would be a watershed case in criminal justice?
A. Weeks v. U.S. (1914) * C. Betts v. Brady (1942)
B. Miranda v. Arizona (1966) D. Brewer v. Williams (1977)
63. Which of the following would be a threshold case in criminal justice?
A. Miranda v. Arizona (1966) C. Mapp v. Ohio (1961)
B. Schmerber v. California (1966) * D. Wheat v. U.S. (1988)
64. Police officers can have a person's stomach pumped for evidence if there is compelling need for that evidence and it does not intrude or invade upon the person=s right to privacy.
A. True * B. False
65. In the case of Graham v. Conner (1989), most people remember it as revising the common law fleeing felon rule, but it really addressed the issue of:
A. whether police can objectively determine the cause of crime
B. whether police officers should presume truthfulness at first contact with
citizens
C. whether reasonableness requires a balancing test *
D. what level of force is a bright line not to be crossed
66. A formal extradition hearing requires that the state in which the crime occurred send a copy of the arrest warrant with accompanying affidavits to justify the return of a person arrested out of state.
A. True * B. False
67. A detainer refers to the process by which a defendant challenges out of state extradition.
A. True B. False *
68. Arrest warrants are required for misdemeanors that do NOT occur in the officer's presence.
A. True * B. False
69. An arrest warrant is required to arrest a suspect inside his/her own home except when there is an emergency inside the house or the officer is in hot pursuit.
A. True * B. False
72. No-knock warrants are issued if the exigent circumstances test is met.
A. True * B. False
73. Body cavity searches are allowed during:
A. arrest C. booking *
B. search D. seizure
74. A search is by definition an invasion of privacy.
A. True * B. False
75. Which of the following would be considered private and hands-off during a search?
A. a locked gun case
B. a locked safe *
C. a locked door
D. a locked suitcase
76. A search incidental to arrest is authorized by which of the following?
A. the Good Faith Doctrine C. the Plain View Doctrine
B. the Inevitable Discovery Doctrine D. the Chimel Rule *
77. A search of the area under the immediate control of a suspect during arrest does NOT have to be for items related to the crime he/she was arrested for.
A. True * B. False
78. Luggage and other parcels in the passenger compartment of an automobile can be opened and searched.
A. True * B. False
79. Inventory and search of a vehicle are technically different, but in practice, both are done at the same time.
A. True * B. False
80. Police knock on a door, and the girlfriend of a suspect answers. She explains the suspect is not at home, and says You might as well come on in and look around. There's nothing I can do to stop you. Is this a valid Consent Search?
A. Yes B. No *
81. In a Consent Search situation, the citizen consenting can tell the police NOT to go into a certain room, and the police must comply.
A. True * B. False
82. Police are conducting a valid, warrantless search of an apartment for stolen TV sets. They CANNOT search the medicine cabinet because this would violate the:
A. fruit of the poisonous tree doctrine
B. elephant in a matchbox doctrine *
C. open fields doctrine
D. inevitable discovery doctrine
83. Which exception to the exclusionary rule has been expanding most recently?
A. Border Search C. Emergency
B. Plain View D. Good Faith *
84. What is the difference between Inevitable Discovery and Inadvertent Discovery?
A. the first is accidental and the second is incidental
B. the first is incidental and the second is accidental
C. the first is intentional and the second is accidental *
D. the first is intentional and the second is incidental
85. A curtilage is defined as the building setback line in a property survey.
A. True B. False *
86. The test of reasonableness under all circumstances applies to:
A. private individual searches C. school searches *
B. consent searches D. moving vehicle searches
87. The Fruit of the Poisonous Tree doctrine was established in:
A. Chambers v. Moroney (1970) C. U.S. v. Leon (1984)
B. Silverthorne Lumber v. U.S. (1920) * D. Horton v. California (1990)
88. A seizure is by definition the deprivation of liberty.
A. True * B. False
89. Stop and Frisk requires probable cause.
A. True B. False *
90. Duration, location, invasiveness, and __________ are all parts of the Atotality of circumstances@ test in a legal Stop.
A. type of crime C. use of force
B. officer expertise D. freedom to walk away *
91. There are two types of stops; a show of force stop, and a _________ stop.
A. show of respect C. show of probable cause
B. show of authority * D. show of reasonable suspicion
92. Stops are justified more on the suspect's demeanor than the officer's demeanor.
A. True * B. False
93. Which of the following is NOT part of a drug courier profile?
A. arriving late at night from a source city
B. acting nervous or too calm
C. listening to certain kinds of music *
D. walking rapidly or aimlessly
94. Questioning during a field interview does NOT require Miranda warnings.
A. True * B. False
95. Which case is the threshold case that established the test of reasonable suspicion?
A. Mapp v. Ohio C. Terry v. Ohio *
B. Osborne v. Ohio D. Ohio v. Roberts
96. Pretext stops are legal in most states.
A. True * B. False
97. A sobriety checkpoint should be set up to stop cars at random.
A. True B. False *
98. A frisk is a patdown of the outer clothing in a search for dangerous weapons.
A. True * B. False
99. Under what doctrine can officers perform a frisk to obtain drug evidence?
A. Good Faith C. Plain View *
B. Plain Feel D. Inadvertent Discovery
100. Officers are allowed to feel under bulky clothing if they have to.
A. True * B. False
101. Which of the following would NOT justify a frisk?
A. the officer is alone and backup has not yet arrived
B. the officer is scared because his/her partner got shot last week *
C. the stop is for a crime where weapons are commonly used
D. the stop occurs in a high-crime area
102. Which of the following by itself would NOT justify a stop?
A. the suspect is acting in a strange manner
B. the suspect appears to be acting as a lookout for someone
C. the suspect does not Afit@
the time or place
D. the area is a high-crime area *
103. Which of the following best describes the experienced police officer standard?
A. the ability to read faces and tell if a person is lying
B. the ability to read more into circumstances surrounding criminal behavior *
C. the ability at matching suspect composite sketches with eyewitness
descriptions
D. the ability at determining if something or someone is dangerous
104. Canine units can be used to establish reasonable suspicion.
A. True B. False *
105. The Exclusionary Rule was first laid down in Weeks v. U.S. and made applicable to all the states in:
A. Illinois v. Gates C. Silverthorne v. U.S.
B. Mapp v. Ohio * D. Carroll v. U.S.
106. Which of the following exceptions to the exclusionary rule goes back the farthest in history, about 1925?
A. Automobile exception * C. Good Faith exception
B. Border search exception D. Plain View doctrine
107. Within which exception to the exclusionary rule is the practice of "drug courier profiling" allowed?
A. Border search exception * C. Plain View doctrine
B. Good Faith exception D. Student search exception
108. Collection of fingernail scrapings, blood and urine samples without a warrant would be allowed under which exception to the exclusionary rule?
A. Crime scene search exception C. Good Faith exception
B. Emergency situation exception * D. Inventory search exception
109. What is the first and primary thing required for an officer to seize evidence under the plain view doctrine?
A. the item must be plainly visible
B. the item must be immediately recognizable as contraband
C. the officer must be specially trained in recognition of contraband
D. the officer must be lawfully present in the place where the sighting is made
*
110. Prior to the Plain View Doctrine, what standard was used allowing officers to confiscate drugs or weapons that were plainly in sight?
A. Crime scene authority C. in-presence misdemeanor requirement
B. Probable cause D. inadvertent discovery *
111. Anything without a "No Trespassing" sign posted is an Open Field that the police may search.
A. True B. False *
112. Which of the following is NOT a way the criminal justice system use to ensure that people tell the truth?
A. oath
B. affirmation
C. affidavit
D. enjoinder *
113. What test is used to determine the reliability of an informant's tip in an affidavit application for a warrant?
A. reliable source
B. totality of circumstances *
C. jacked-up probable cause
D. necessary and sufficient detail
114. Which of the following circumstances would normally produce a recall of a warrant?
A. a JOHN DOE warrant without an adequate description of the person
B. a Y2K computer glitch which corrupts the AWWS or NCIC system
C. expiration of a similar warrant in an adjacent jurisdiction
D. arrest on a similar warrant in an adjacent jurisdiction *
115. Which of the following best describes the loosest language that would be allowed in an application for a search warrant?
A. a dwelling or habitat located in the middle of the block
B. controlled or contraband substances hidden in the house
C. items that are stolen or have been obtained without permission *
D. areas that are accessible or non-accessible
116. How many days, in most jurisdictions, determine if a warrant is stale?
A. 7
B. 8
C. 9
D. 10 *
117. Proper execution of all warrants always requires:
A. the names of all officers at the scene
B. a return, usually left at the location *
C. delivery during daylight hours
D. the knock and announce rule be followed
118. Issuance of an electronic surveillance warrant usually requires the:
A. crime involve computers, telephones, or fax machines
B. crime be a Title III or the state equivalent *
C. sources of probable cause be greater than for a regular warrant
D. following of federal procedures for issuance of such warrants
119. What were all-purpose warrants called in early colonial America?
A. general warrants
B. star chamber warrants
C. writs of assistance *
D. writs of mandamus
120. What is the primary reason for the existence of the probable cause standard?
A. it's the accumulated wisdom of precedent and experience *
B. to balance individual rights with the need for government intrusion
C. to establish a standard less than proof beyond a reasonable doubt
D. it's a narrow interpretation of a clause in the 4th Amendment
121. There are more academic adherents to which of the following interpretations of the probable cause standard?
A. the "more probable than not" interpretation
B. the "substantial possibility" interpretation *
C. the "less than beyond a reasonable doubt" interpretation
D. the "strong reason to suspect" interpretation
122. Determining "nexus" is the job of a judicial official, and involves what?
A. the face validity of a warrant from its appearance and content
B. the connection between PC, participation, and elements of the offense *
C. the connection between PC and the reasonable man standard
D. judicial confirmation of the experienced police officer standard
123. Which case contained the reasonable man definition of probable cause?
A. Illinois v. Gates
B. Draper v. U.S. *
C. Smith v. U.S.
D. Maryland v. Buie
124. Which case contained the experienced police officer definition of probable cause?
A. Illinois v. Gates
B. Draper v. U.S.
C. Smith v. U.S. *
D. Maryland v. Buie
125. At what pretrial stage is the standard of "jacked-up probable cause" used?
A. first appearance
B. preliminary hearing *
C. arraignment
D. suppression hearing
126. What case first recognized a constitution right of privacy?
A. Katz v. U.S.
B. Meyer v. Nebraska
C. Olmstead v. U.S.
D. Griswold v. Connecticut *
127. Which of the following is NOT a prong of the "reasonable expectation" test for privacy?
A. the place must be used for repose and respite *
B. the person exhibited personal desires to be left alone
C. the place must be one that society is prepared to recognize as private
D. the place must not be one of the exceptions society recognize as such
128. What case established the "reasonable expectation" test of privacy?
A. Katz v. U.S. *
B. Meyer v. Nebraska
C. Olmstead v. U.S.
D. Griswold v. Connecticut
129. The granting of "Miranda rights" to the accused has its origins in:
A. the 4th Amendment
B. the 5th Amendment
C. the 5th Amendment
D. the marriage of the 5th and 6th Amendment *
130. What is the purpose of Miranda rights?
A. to reform the police so they change their procedures
B. to outlaw torture in any form, physical or psychological
C. to eliminate unnecessary pressure, bordering on coercion
D. to neutralize distinct psychological disadvantages *
131. Which case held that departures from the precise wording of Miranda rights was acceptable and that attorneys need not be producible on call?
A. Duckworth v. Eagan *
B. Edwards v. Arizona
C. Escobedo v. Illinois
D. Gideon v. Wainwright
132. Under what circumstances might a Miranda violation result in a reversal of conviction?
A. if the violation was harmless and had no prejudicial effect
B. if an attorney was not made immediately available
C. if the suspect never understood their right to a lawyer *
D. if the wording of Miranda sufficiently departed from its meaning
133. What conditions must be present to trigger Miranda warnings?
A. sanity and competence
B. intelligently and knowingly
C. custody and interrogation *
D. reasonable suspicion and probable cause
134. What kind of test is used to determine if a person is in custody?
A. if the officer intends to arrest the suspect
B. if the suspect doesn't feel free to leave
C. if a reasonable person wouldn't feel free to leave *
D. if the detention is more than brief questioning
135. Which of the following would be an "unfamiliar and hostile" surrounding?
A. the suspect walked into the police station to talk in a
lieutenant's office
B. the suspect is sitting in the front seat of the police car
C. the suspect is questioned at their home after getting off work at 4:00 pm
D. the suspect is questioned in a room with a two-way mirror in it *
136. Which of the following best describes the true purpose of interrogation?
A. to break down someone's will to resist
B. to destroy someone's alibis or excuses
C. to convince someone of what is in their best interests *
D. to deceive a person into thinking the police are their friend
137. Police deceit and trickery to get the suspect talking spontaneously would be covered under what Miranda-related rule?
A. harmless error doctrine
B. intelligently and knowingly rule
C. res gestae doctrine
D. functional equivalence rule *
138. Police lies and fabrication of evidence that doesn't exist and is communicated casually to a suspect would be examples of:
A. questioning
B. express questioning *
C. interrogation
D. custodial interrogation
139. Use of an undercover officer who is placed in a jail cell with the suspect in order to get them bragging would be covered by what Miranda-related rule?
A. Carroll doctrine
B. Massiah doctrine *
C. Escobedo doctrine
D. Edwards doctrine
140. The requirement that a suspect must make a clear and unambiguous request for a lawyer is known as the:
A. Carroll doctrine
B. Massiah doctrine
C. Escobedo doctrine
D. Edwards doctrine *
141. When does a suspect definitely need to be re-Mirandized?
A. if the first Miranda warnings were sloppy
B. if the suspect was intoxicated when the first warnings were given
C. if new evidence comes forward about a different crime committed
D. if different interrogators are used after a significant lapse of time *
142. Which of the following would constitute "surreptitious questioning"?
A. informants are used to question a suspect before formal charges
are filed *
B. both local and federal police question a suspect simultaneously
C. the suspect voluntarily decides to resume talking after deciding to stop
D. police allow a private detective to interrogate a suspect
143. Which of the following charging instruments is also known as the "bind over" document?
A. complaint
B. information *
C. indictment
D. presentment
144. Which pretrial procedure tests for the quantum of proof needed to detain a suspect?
A. first appearance *
B. preliminary hearing
C. pretrial hearing
D. arraignment
145. Which of the following is NOT a purpose of the complaint?
A. it serves as the charging instrument at the first appearance
B. it serves as the basis for issuing any warrants or summons
C. it converts a person from a "suspect" to a "defendant"
D. it validates any admission or confession the person has made *
146. Which of the following can usually be amended or revised on the complaint?
A. the charges *
B. the number of counts
C. the jurisdiction
D. the statute of limitations
147. What part of the complaint is involved when "tolling" takes place?
A. the charges
B. the number of counts
C. the jurisdiction
D. the statute of limitations *
148. What part of the complaint is involved when a "joinder" or "severing" takes place?
A. the charges
B. the number of counts *
C. the jurisdiction
D. the statute of limitations
149. What circumstance would lead to a piece of pretrial paperwork being "sanitized"?
A. sloppy police work
B. clerical error
C. codefendants *
D. undercover affiants
150. Prelims to test the government's case must be held how many days after the initial appearance?
A. 5
B. 10 *
C. 15
D. 20
151. What circumstance would have to occur at the prelim in order to prevent the prosecutor from refiling the case?
A. suppression of evidence
B. dismissal of complaint with prejudice *
C. sick or missing witness for the prosecution
D. pre-emptive habeas corpus suit
152. Grand jury proceedings normally involve all of the following EXCEPT:
A. appearance and speech by a judge
B. prosecutor-called witnesses or examination of evidence
C. presence of defendant and defense attorney *
D. stenographic or electronic recording
153. Grand juries usually consist of how many people?
A. 12
B. 23 *
C. 28
D. 32
154. A "true bill" handed up by a Grand Jury does NOT become part of the public record.
A. True * B. False
155. Which circumstance will most likely trigger the immediate appointment of a public defender at the arraignment of an indigent person?
A. the prosecution intends to seek a sentence that includes
incarceration *
B. the defendant expresses difficulty in finding an attorney
C. the defendant has been detained in jail for over 90 days
D. the case is one that has multiple defendants
156. A plea of insanity at arraignment is usually accompanied by what other plea?
A. guilty
B. not guilty *
C. nolo contendere
D. no other plea is needed
157. The Sixth Amendment right to speedy trial takes effect from the date of:
A. formal complaint
B. first appearance
C. preliminary hearing
D. arraignment *
158. Scientific evidence, approximately, is part of how many trials?
A. 15%
B. 30% *
C. 45%
D. 60%
159. Grand jury proceedings can NOT be used to overrule a preliminary hearing decision to throw the case out.
A. True B. False *
160. The right to a trial by jury exists only for crimes that are:
A. gross misdemeanors or felonies
B. infamous or involve moral turpitude
C. non-petty offenses *
D. felonies only
161. The master list from which the largest group of potential jurors are selected is sometimes called a:
A. canon
B. hub
C. venire
D. wheel *
162. Which of the following would be a preremptory challenge during voir dire?
A. the juror is not death-qualified
B. the juror works in the criminal justice system
C. the juror is a conservative Baptist *
D. the juror seems to have memory problems
163. The general rule that the smaller the jury, the closer the verdict has to be toward unanimity, along what percentage of guilty votes needed to convict?
A. 65%
B. 75% *
C. 85%
D. 95%
164. Which of the following terms involves the selection of jurors on the basis of demographic or occupational characteristics?
A. sequestration
B. jury packing
C. scientific *
D. shadow
165. Preliminary (initial) jury instructions are intended to do all the following EXCEPT:
A. orient the jury to the nature of the trial to come
B. remind the jury of their duties
C. educate the jury about the legal elements of the charge *
D. explain some of the ground rules and issues to be decided
166. What type of jury instruction would be given when the charges are read in open court?
A. a reminder about the jury's duty to remain impartial
B. a brief summary of the elements of the crime *
C. an explanation of what is and what is not evidence
D. introduction to whom the lawyers are on each side
167. A "limited purpose evidence" instruction would typically distinguish between what two types of evidence?
A. real and demonstrative
B. direct and indirect
C. direct and circumstantial *
D. habit and character
168. Which of the following is NOT a component of recess instructions?
A. Do not listen to any news reports
B. Do not discuss this case with your fellow jurors
C. Do not look over your notes *
D. Do not allow members of your family to talk to you about this case
169. When a judge instructs a jury that both parties have agreed to what so-and-so's testimony would be if they were called, this is referred to as a:
A. judicial notice
B. presumption
C. ad hoc testimony
D. stipulation *
170. Which of the following is NOT true regarding final jury instructions?
A. they do not have to be given if both lawyers agree they are
unnecessary *
B. jurors can request clarification of final instructions
C. they must discuss the concept of burden of proof
D. they must discuss the concept of reasonable doubt
171. Which type of final jury instructions are called the "Webster" instructions?
A. when reasonable doubt is discussed in mathematical terms
B. when reasonable doubt is discussed in moral certainty terms *
C. when the burden of proof as well as burden of persuasion is discussed
D. when prior stipulations, presumptions, and judicial notices are recapped
172. What are the actual opening words at a criminal trial?
A. Oyez, Oyez; All Rise in the Courtroom
B. Be Seated, Ladies and Gentlemen
C. In the Name of Our Father
D. Are Counsel Ready to Proceed? *
173. It's NEVER a good idea for Defense's opening statements to be:
A. sympathetic to the prosecution
B. a theory of what really happened
C. waived; with no opening statement at all *
D. unsympathetic to the victim
174. Which of the following is the correct lineup for the Prosecution's Case-in-Chief?
A. Direct, Redirect, Cross, Recross
B. Direct, Cross, Redirect, Recross *
C. Direct, Cross, Recross, Redirect
D. Direct, Recross, Cross, Redirect
175. Previous witnesses can be recalled at the "Prosecutorial Rebuttal" stage as well as usually any:
A. hostile witnesses
B. surprise witnesses *
C. impeached witnesses
D. alibi witnesses
176. A trend during the "Defense Rejoinder" stage is to allow:
A. meta-experts and hypotheticals *
B. previously impeached witnesses to rehabilitate themselves
C. demonstrative evidence to be shown to the jury
D. the defendant to take the stand
177. Which of the following is typically an objection related to form instead of content?
A. Irrelevant
B. Immaterial
C. Incompetent
D. Improper *
178. Which of the following would most likely be a problem of insufficient foundation?
A. Objection, Your Honor, the question is confusing the witness
B. Objection, Your Honor, the question is argumentative
C. Objection, Your Honor, the witness isn't qualified *
D. Objection, Your Honor, counsel is stating an opinion
179. A question that reflects the attorney's opinion would usually be objected to as:
A. misleading
B. confusing
C. argumentative *
D. conclusionary
180. If an attorney has had their objection overruled, and says "we except", this usually means that:
A. they wish to approach the bench for a conference
B. they agree with the judge and politely withdraw their objection
C. they plan to raise that objection again if the same thing happens
D. they want to voice a protest and probably plan an appeal *
181. Leading questions are allowed in direct examination if the witness is:
A. hostile *
B. unresponsive
C. unable to answer yes-or-no questions
C. playing games with the attorney
182. Objections are NOT normally made to opening statements.
A. True * B. False
183. Redirect examination is usually the last chance to "rehabilitate" a witness.
A. True * B. False
184. Recross examination is strictly limited to new issues brought out in redirect.
A. True * B. False
185. The last thing spoken in a standard trial format is the:
A. Defense's rejoinder
B. Defense's closing arguments
C. Prosecutor's rebuttal *
D. Prosecutor's summation
186. What are the origins of the right to appeal?
A. the Magna Carta
B. the U.S. Constitution
C. federal and state statutes *
D. common law
187. Which of the following is NOT a characteristic of the courtroom "workgroup" concept?
A. speed
B. efficiency *
C. cohesion
D. secrecy
188. Court "unification" usually takes place on what level?
A. jurisdictional
B. statewide *
C. regional
D. national
189. The most serious problem facing the courts today is:
A. failure to appear
B. congestion
C. delay *
D. docketing
190. Which sociologist coined the term "normal crimes" in the context of discussing the going rate for penalties?
A. Sudnow *
B. Goffman
C. Garfinkel
D. Becker
191. Study and study have shown which of the following factors to be the most influential ones at sentencing?
A. victim harm and community sentiment
B. offender dangerousness and mental instability
C. judicial bias and prosecutorial discretion
D. offense seriousness and prior record *
192. Which type of sentencing would have been used to compute a 15 year sentence for a 10 year penalty on rape, a 3 year penalty on battery, and a 2 year penalty on assault?
A. concurrent
B. consecutive *
C. determinate
D. indeterminate
193. Which type of sentencing would have been used to compute a 12 year sentence for a 10 year penalty on rape, a 3 year penalty on battery, and a 2 year penalty on assault?
A. concurrent *
B. consecutive
C. determinate
D. indeterminate
194. What year was parole officially abolished under federal guidelines?
A. 1980
B. 1982
C. 1984 *
D. 1986
195. Presumptive sentencing using grid models are usually patterned after the system developed in what state?
A. Florida
B. Michigan
C. Indiana
D. Minnesota *
197. Which type of sentencing system has the most restrictiveness in terms of tying a judge's hands?
A. determinate sentencing
B. presumptive sentencing
C. mandatory minimums *
D. three-strikes-you're-out sentencing
198. The cruel and unusual clause of the 8th Amendment does NOT normally apply to the:
A. form of a sentence
B. length of a sentence *
C. pains of a sentence
D. death penalty
199. Which of the following is NOT a test or rule associated with appellate review proceedings?
A. mootness doctrine
B. staleness doctrine *
C. raise or waive doctrine
D. plain error doctrine
200. Habeas corpus is what kind of attack on a conviction?
A. constitutional
B. remand and reversal
C. ex parte
D. collateral *
1. The Anglo-american legal system is unique for ALL
of the following EXCEPT:
A. Evolution from common law
B. Historical connection to early "trials by combat"
C. Allowing the admission of any evidence without limitations *
D. Jurisprudence that follows the law instead of preceding it
2. Who is the "trier of fact" under Anglo-american
law?
A. Judge
B. Prosecutor
C. Jury *
D. Defense
3. "Stare decisis" is another word for the rule of precedent.
A. True *
B. False
4. In early English history, jurors were selected
who had extensive knowledge of the case.
A. True *
B. False
5. What statement comes closest to the meaning of
the word "adversarial"?
A. a contest ensuring efficiency in fact-finding
B. a contest between experts at the meaning of law
C. a contest where the truth involving factual guilt is discovered
D. a contest where the truth involving legal guilt is discovered *
6. The Federal Rules of Evidence, first handed down
by the Supreme Court in 1973, have been adopted by all 50 states.
A. True
B. False *
7. Which of the following is the MAIN reason for the
existence of American evidence rules?
A. A desire to avoid long, protracted trials
B. Avoidance of undue prejudice toward defendant
C. Distrust of the jury *
D. To protect certain privileged relationships
8. American jurors are required to be impartial,
uninformed, ignorant, and __________.
A. indifferent
B. unbiased *
C. obedient
D. good citizens
9. A majority of prospective jurors in the venire do
WHAT with their summons?
A. show up for jury selection
B. do not show up for jury selection
C. ignore the summons completely *
D. claim a hardship exception
10. During voir dire, an unlimited number of
challenges for cause are allowed.
A. True *
B. False
11. The smallest jury size allowed in ANY state is
five (5).
A. True
B. False *
12. When a jury is prohibited from watching TV,
reading newspapers, or having contact with anyone other than other jurors during
the course of a trial, this is called:
A. change of venue
B. writ of mandamus
C. deliberation
D. sequestration *
13. In some states, an unanimous jury decision is
NOT required to find the accused guilty.
A. True *
B. False
14. Another name for shotgun instructions to the
jury is the "Allen charge", named after Judge Allen who told the jury to come
back with a verdict representing where most of the shotgun blast landed on a
bullseye target.
A. True *
B. False
15. A judge CAN constitutionally order the jury to
assume intent in a criminal case.
A. True
B. False *
16. If the defendant is acquitted at the trial
level:
A. The state may appeal if evidence was erroneously admitted
B. The trial court may grant a new trial at the request of the prosecution
C. Double jeopardy provisions prohibit the right of the state to appeal *
D. The appellate court can reverse if it finds guilt beyond a reasonable doubt
17. "Proof which tends to show the existence of a
fact without reliance on the proof of any other fact" is the definition of:
A. Circumstantial evidence
B. Testimonial evidence
C. Direct evidence *
D. Indirect evidence
18. "Evidence that suffices for proof until
contradicted by other evidence" is the definition of:
A. Circumstantial evidence
B. Indirect evidence
C. Supplemental evidence
D. Prima facie evidence *
19. "Evidence furnished by things themselves, on
view or inspection, as distinguished from a description of them by a witness" is
the definition of:
A. Circumstantial evidence
B. Documentary evidence
C. Direct evidence
D. Real evidence *
20. Evidence that always requires an inference to be
made is called:
A. Real
B. Direct
C. Circumstantial *
D. Documentary
21. In some instances, the court will exclude
gruesome photographs, on the grounds that:
A. a privileged relationship must be protected
B. the evidence is considered in violation of the Fifth Amendment
C. it would unduly prejudice the accused *
D. it is considered unreliable evidence
22. The rule of law that prohibits the use of
evidence obtained by an illegal search:
A. is known as the exclusionary rule *
B. is universally applied by all courts in America and England
C. was made applicable in both federal and state courts in 1914
D. was adopted by courts because experience showed such evidence to be
irrelevant
23. What is the current test for probable cause
involving an anonymous informant or telephone tip?
A. Aguilar
B. Totality of circumstances *
C. Exigent circumstances
D. Clear and convincing
24. So-called "no-knock" search warrants can be
issued if what test is met?
A. Aguilar
B. Totality of circumstances
C. Exigent circumstances *
D. Clear and convincing
25. Historically, the fruit of the poisonous tree
doctrine existed long before the exclusionary rule.
A. True
B. False *
26. In which of the following exceptions to the
warrant rule did drug courier profiling begin to be introduced as evidence?
A. Automobile Search
B. Border Search *
C. Chimel Rule
D. Consent Search
27. To which of the following exceptions to the
exclusionary rule does the term "inadvertent discovery" apply?
A. Good Faith Doctrine
B. Inevitable Discovery
C. Moving vehicle/Probable Cause Doctrine
D. Plain View Doctrine *
28. When a search is made incidental to a lawful
arrest:
A. The search is valid even though the arrest turns out to be unlawful
B. The area of the search is limited to that within immediate control of the
suspect *
C. The search may include the whole house if the arrest is made in the living
room
D. The search does not require probable cause so long as arrest immediately
follows
29. A consent search is lawful if made in
acquiescence to police authority.
A. True
B. False *
30. Which of the following is an example involving
the good faith doctrine?
A. Police execute a warrant that turns out to be faulty because of a
typographical error *
B. Police commandeer a bystander’s vehicle in order to chase a fleeing suspect
C. Police conduct a strip search in private on a knife-carrying suspect
D. Police obtain an illegal confession to find facts they would have found
anyway
31. If an automobile has been lawfully impounded,
the police may search it since:
A. This is a moving vehicle situation
B. The search is part of a regular inventory procedure *
C. A warrant is not necessary for automobiles
D. This case does not involve a boat or airplane
32. According to the Open Fields Doctrine, areas
outside the "curtilage" of a house can be searched even if this amounts to
trespass.
A. True *
B. False
33. Which of the following warrant rule exceptions
most strongly prohibits discrimination on the basis of age, sex, and race?
A. Automobile Search
B. Private Individual
C. Emergency Situation
D. Student Search *
34. Probable cause can be established by all of the
following EXCEPT:
A. Circumstantial evidence
B. Articulable suspicion *
C. Direct observation
D. Credible and reliable informant
35. The Miranda Rule:
A. Allows for impeachment of witnesses unless specific warnings are given
B. Indicated that confessions obtained in police custody would no longer be
admissible
C. Required specific warnings be given prior to custodial questioning *
D. Made the delay in arraignment rule applicable to the states
36. Recent cases have amended the Miranda Rule,
including:
A. That police have to give Miranda warnings in exact terms
B. That police do not have to give Miranda warnings in exact terms *
C. If a suspect does not want to sign a confession, the oral confession is
admissible
D. If a state court rules the confession invalid, the Supreme Court cannot
overturn
37. Miranda warnings do NOT have to be given by
police in telephone conversations.
A. True *
B. False
38. According to Escobedo and Miranda, right to
counsel provisions of the Sixth Amendment:
A. require that counsel be present in all pretrial procedures
B. place the burden on police to inform suspects of their right to counsel *
C. may not be waived intelligently or knowingly
D. protect an accused while on the stand, but not while under investigation
39. If a suspect has been arraigned and claimed their right to counsel, the
police cannot continue questioning unless:
A. The suspect initiates further discussion *
B. The suspect has been moved to a noncustodial environment
C. The suspect’s attorney arrives
D. The suspect’s attorney is delayed
40. The term "burden of proof" in a criminal case
refers to:
A. The duty of establishing the truth of a given proposition or issue *
B. How many witnesses to introduce in comparison to the opposing side
C. The requirement that evidence be material, relevant, and competent
D. A stipulation that both parties agree upon regarding the burden of persuasion
41. When a judge does not remind the jury of the
presumption of innocence, this has been found by the Court to violate the
defendant’s constitutional rights.
A. True
B. False *
42. Judicial notice may be taken upon motion of
counsel or by the judge without motion.
A. True *
B. False
43. Juries are allowed to make presumptive
inferences of guilt regarding the suspect’s attempt to flee or attempted
suicide.
A. True *
B. False
44. Where both parties concede the existence of a
fact or contents of a document, this is called a:
A. Inference
B. Stipulation *
C. Presumption
D. Reconciliation
45. With the justification of self-defense, the
defense must prove an element of peril with no escape.
A. True *
B. False
46. The oldest known insanity test is the:
A. M’Naughten Rule *
B. Durham Rule
C. Substantial Capacity Test
D. ALI Model Penal Code
47. If an insanity hearing takes place during the
course of a trial and produces a finding of insanity, this results in an
immediate acquittal on criminal charges, thus ending the criminal trial.
A. True *
B. False
48. Which of the following syndromes is most likely
to be seen in a child abuse case?
A. American Dream
B. Gone with the Wind
C. Munchausen-by-Proxy *
D. The Devil Made Me Do It
49. The Superbowl Sunday syndrome has been admitted
successfully into court on several occasions.
A. True
B. False *
50. Evidence of probative value that deserves jury
consideration is called:
A. Relevant
B. Material *
C. Competent
D. Authentic
51. The Similar Acts Rule allows evidence of other
crimes by the defendant to be admitted in proving the existence of a larger
conspiracy, intent, or motive of which the present crime is a part.
A. True *
B. False
52. The prosecution cannot offer evidence of bad
character unless:
A. The character evidence is offered in a way to show intent or motive
B. It is of such probative value to outweigh any prejudicial effect
C. The defense offers evidence of good character first *
D. It is corroborated by other evidence
53. Character evidence cannot be used to prove a person acted a certain way.
A. True *
B. False
54. Courts are starting to take into consideration
how much of an "utter shambles" a marriage is in with respect to allowing
confidential information between husband and wife to be admissible.
A. True *
B. False
55. The attorney-client privilege does NOT apply if:
A. The attorney charges their client a whole lot of money
B. The attorney takes the stand as a character witness for their client
C. The confidential information is exchanged immediately following the crime
D. The attorney gives advice in furtherance of a crime *
56. The physician-patient privilege does NOT apply
if the defendant’s competency is at issue.
A. True *
B. False
57. Police are allowed to keep the identity of their
confidential informants a secret (informer's privilege) if:
A. The confidential informant is on the police payroll
B. The informant was used for probable cause and not as a material witness *
C. The police made promises to the informant for immunit
D. The prosecution agrees
58. When a witness is allowed to use notes to
themselves while on the stand, but is not reading from them and the notes are
not admissible, this is called:
A. Past recollection recorded
B. Presently recorded recollection
C. Present memory revived *
D. Recorded recollection
59. With regard to hypnosis-refreshed testimony, the
rule is that:
A. The hypnotist must be a qualified professional
B. Victims themselves must request the procedure
C. Wide latitude is granted in allowing this kind of testimony
D. Any per se rule automatically outlawing it is prohibited *
60. Any per se rule outlawing polygraph evidence in
federal court is prohibited.
A. True *
B. False
61. A witness who has been "impeached":
A. Must step down from the stand
B. Will be charged with perjury
C. Has been contradicted by facts
D. Has had their testimony discredited *
62. Prior conviction is grounds for impeachment only
if:
A. The crime involved a felony
B. The crime happened less than 10 years ago
C. The crime involved moral turpitude
D. All of the above *
63. In impeaching a witness for bad character or
conduct, the attack must not be "collateral". This means that the witness’
personal relationship to the defendant cannot be used against them.
A. True
B. False *
64. If a witness contradicts themself on the stand,
but does not go so far as to recant their testimony, the witness:
A. Can be impeached for prior inconsistent statements
B. Will be allowed to explain themselves or refresh their memory *
C. Is suspected of bias or prejudice
D. Discredits only their character which is weighed by the jury accordingly
65. Which of the following is typically an objection
related to form instead of content?
A. Irrelevant
B. Immaterial
C. Incompetent
D. Improper *
66. Which of the following would most likely be a
problem of insufficient foundation?
A. Objection, Your Honor. The question is confusing the witness
B. Objection, Your Honor. The question is argumentative
C. Objection, Your Honor. The witness isn’t qualified to answer that question *
D. Objection, Your Honor. Counsel is stating their own personal belief
67. A question that reflects the attorney’s opinion
would usually be objected to as:
A. Misleading
B. Confusing
C. Argumentative *
D. Conclusionary
68. If an attorney has had their objection
overruled, and says "we except", this means that:
A. They wish to approach the bench for a conference
B. They agree with the judge and politely withdraw their objection
C. They plan to raise that objection again
D. They want to voice a protest and probably plan an appeal *
69. Leading questions are allowed in direct
examination if the witness is:
A. Hostile *
B. Unresponsive
C. Unable to answer yes-or-no questions
D. Playing games with the attorney
70. Objections are NOT normally made to opening
statements.
A. True *
B. False
71. Redirect examination is usually the last chance
to "rehabilitate" a witness.
A. True *
B. False
72. Recross examination is strictly limited to new
issues brought out in redirect.
A. True *
B. False
73. The last thing spoken in a standard trial format
is the:
A. Defense’s rejoinder
B. Defense’s closing arguments
C. Prosecutor’s rebuttal *
D. Prosecutor’s summation
74. In non-expert testimony, the Opinion Rule allows
an opinion to be admissible if the witness has had adequate facts or
acquaintance, is using ordinary language, and can’t be more specific.
A. True *
B. False
75. A non-expert is allowed to offer their opinion
about all but WHICH of the following?
A. Identity of suspect
B. Conduct of somebody
C. Value of something
D. Negligence of somebody *
76. The "ultimate issue" in a case involving the
Opinion Rule refers to:
A. Whether the jury will give any weight to the opinion
B. Whether the judge thinks the testimony should be admissible
C. Whether the opinion implies guilt or innocence *
D. Whether an expert witness needs to be called
77. An expert witness must be specially qualified by
all but WHICH of the following?
A. Familiarity with literature
B. Academic education
C. Professional experience
D. Previous experience as expert witness *
78. Experts are allowed to give their opinions on
hypothetical variants of the facts.
A. True *
B. False
79. An expert is not allowed to address the ultimate
issue unless:
A. The case involves non-expert witnesses who have already addressed this issue
B. There are extenuating circumstances in which the expert is well qualified
C. The case involves sanity or insanity as the cause of the crime *
D. There is a foundation laid by previous experts
80. Which of the following is a reason for the
Hearsay Rule?
A. The jury can observe the demeanor of the declarant
B. The witness testifying is not under oath
C. The witness testifying cannot be cross-examined
D. The declarant is not under oath *
81. It is NOT hearsay evidence to say that community
gossip probably had some truth to it.
A. True
B. False *
82. The res gestae exception to the Hearsay Rule
deals with:
A. Family history records
B. Spontaneous utterances *
C. Business records
D. Dying declarations
83. The "pedigree" exception to the Hearsay Rule
deals with:
A. Family history records *
B. Spontaneous utterances
C. Business records
D. Dying declarations
84. The in extremis exception to the Hearsay
Rule deals with:
A. Family history records
B. Spontaneous utterances
C. Business records
D. Dying declarations *
85. A dying declaration:
A. may be written or oral *
B. must be spontaneous
C. must relate to the killing of the declarant
D. all of the above
86. Experts who are "on call" for a case are usually
used to impeach or rehabilitate a witness.
A. True *
B. False
87. Compelling an expert to testify usually results
in a rather lengthy deposition.
A. True
B. False *
88. Statements from medical and scientific books can
be read by counsel and admitted as scientific evidence in lieu of an expert
witness who has refused to testify.
A. True
B. False *
89. Subpoena Duces Tecum means the expert:
A. Can provide their testimony as a letter to the court
B. Is a hostile witness and has refused to testify
C. Must bring books, papers, reports, and other documents to court *
D. Is being compelled by the opposing side for a reverse opinion
90. Direct OR circumstantial evidence may be used to
authenticate a document.
A. True *
B. False
91. A document over 20 years old may be admitted
without authentication.
A. True *
B. False
92. A witness relying upon a chart or diagram is
allowed to point to various places on it to emphasize or highlight various
points in their verbal testimony.
A. True
B. False *
93. In pre-trial disclosure and discovery, the
defense should:
A. Request all Brady-material that would tend to exculpate the defendant
B. Request specific information that is material and intended to be used *
C. Always file a formal discovery motion
D. Always depend on informal meetings with the prosecution
94. Discovery is a court-ordered process while
disclosure is voluntary between sides.
A. True
B. False *
95. Establishment of a chain of custody requires all
the following EXCEPT:
A. The prosecution show the evidence was kept in a locked safe
B. The prosecution show that evidence handling was recorded or logged
C. The prosecution show that evidence was marked by the first responder
D. The prosecution exclude every possibility the evidence was disturbed *
96. Deficiencies in the chain of custody go to the
weight of the evidence rather than its admissibility.
A. True *
B. False
97. What is the standard used to qualify
photographic evidence as competent?
A. Technical expertise
B. Prejudicial effect
C. Tampering, Contamination, Substitution
D. Representational accuracy *
98. Cross-examination of crime scene sketch evidence
that "rattles" an officer for not knowing what happened to an object within the
scene is an example of implying:
A. Substitution
B. Contamination *
C. Tampering
D. Rush to Judgment
99. Cross-examination which attacks the credentials
or credibility of an expert witness is an example of implying:
A. Substitution *
B. Contamination
C. Tampering
D. Rush to Judgment
100. The presumption of regularity is
on the side of the prosecution that all physical evidence has NOT been tampered
with.
A. True *
B. False
Last updated: Sept. 28, 2006
Not an official webpage of APSU, copyright restrictions apply, see
Megalinks in Criminal Justice
O'Connor, T. (Date of Last Update at bottom of page). In Part of web cited
(Windows name for file at top of browser), MegaLinks in Criminal Justice.
Retrieved from http://www.apsu.edu/oconnort/rest of URL accessed on
today's date.