CPFS Exam 4 (Chapters 4,
5, 6, 8) Questions with All
Correct Answers
What is the courtroom testimony sequence? - Answer- 1. Subpoena/scheduled as a
witness
2. Pre-Trial conference
3. Arrive early/dressed well/bring any items you were asked to bring/ Report in/wait to
be called in
4. Called in as witness
5. Direct examinaiton
6. Cross examination
7. Redirect/re-cross (as allowed by the judge)
What's the difference between an Oath & an Affirmation? - Answer- Oath includes God,
Affirmation does not.
If the court needs a certain witness' testimony or certain evidence, what will the court
do? - Answer- Issue a subpoena for that person to appear in court (w/ that item).
What is "The Rule" (rule 615)? What are the exclusions? - Answer- Witnesses must be
excluded from the court &/or other witnesses until their testimony is needed.
(Excludes defendants, agency representatives, & experts)
What should you do if you're going to testify? - Answer- Review your notes & be
prepared. If you don't know, say "I don't recall"; if it's an estimate, tell them it's an
estimate.
What are some tips for people testifying? - Answer- -Dress nice
-Review
-Speak Clearly
-Use norm. words
-Be professional & polite
-Tell the truth
-Don't talk about anything outside the court room
, What does "Chain of Custody" refer to? - Answer- The preservation by successive
custodians of evidence in its original condition.
How does Chain of Custody play into evidence authentication? - Answer- If an item is
transferred around w/o documentation it could be tampered w/, contaminated, or
changed causing it to no longer be authentic to the crime.
What has to happen every time a piece of evidence is transferred to a new person? -
Answer- They must sign the chain of custody form
What does rule 401 apply to? - Answer- The test for relevant evidence
In rule 401, evidence is considered relevant if: - Answer- a) It makes fact more/less
probable than w/o it
b) the fact is of consequence in determining the action
What does Rule 402 apply to? - Answer- General admissibility of relevant evidence
Under rule 402 evidence is admissible unless ____ say otherwise. - Answer- -US
Constitution
-Federal Statute
-Rules like 402
-Other rules prescribed by the Supreme Court
What is the difference between a Lay Witness & an Expert Witness? - Answer- Lay -
any witness who's not an expert (victim, police, etc.)
Expert - has knowledge not norm. possessed by the average person (fingerprint
examiner, lab analyst, etc.)
What does Rule 701 apply to? - Answer- Opinion Testimony by Lay Witness
Testimony in the form of opinions of Lay Witnesses (under rule 701) is limited to one
that is... - Answer- a) rationally based on their perception
b) helpful to understanding their testimony/ determining a fact
c) not based on scientific, technical, or specialized knowledge
What are some example questions permissible for a Lay Witness? - Answer- -What
speed was the car traveling?
-How old did the suspect appear?
-In your opinion, were they drunk?
What was the Fry vs. US case? - Answer- Defendant's attorney wanted to bring in an
expert who could "lie detect by blood pressure" which was not allowed bc it didn't have
acceptance in the science field.
5, 6, 8) Questions with All
Correct Answers
What is the courtroom testimony sequence? - Answer- 1. Subpoena/scheduled as a
witness
2. Pre-Trial conference
3. Arrive early/dressed well/bring any items you were asked to bring/ Report in/wait to
be called in
4. Called in as witness
5. Direct examinaiton
6. Cross examination
7. Redirect/re-cross (as allowed by the judge)
What's the difference between an Oath & an Affirmation? - Answer- Oath includes God,
Affirmation does not.
If the court needs a certain witness' testimony or certain evidence, what will the court
do? - Answer- Issue a subpoena for that person to appear in court (w/ that item).
What is "The Rule" (rule 615)? What are the exclusions? - Answer- Witnesses must be
excluded from the court &/or other witnesses until their testimony is needed.
(Excludes defendants, agency representatives, & experts)
What should you do if you're going to testify? - Answer- Review your notes & be
prepared. If you don't know, say "I don't recall"; if it's an estimate, tell them it's an
estimate.
What are some tips for people testifying? - Answer- -Dress nice
-Review
-Speak Clearly
-Use norm. words
-Be professional & polite
-Tell the truth
-Don't talk about anything outside the court room
, What does "Chain of Custody" refer to? - Answer- The preservation by successive
custodians of evidence in its original condition.
How does Chain of Custody play into evidence authentication? - Answer- If an item is
transferred around w/o documentation it could be tampered w/, contaminated, or
changed causing it to no longer be authentic to the crime.
What has to happen every time a piece of evidence is transferred to a new person? -
Answer- They must sign the chain of custody form
What does rule 401 apply to? - Answer- The test for relevant evidence
In rule 401, evidence is considered relevant if: - Answer- a) It makes fact more/less
probable than w/o it
b) the fact is of consequence in determining the action
What does Rule 402 apply to? - Answer- General admissibility of relevant evidence
Under rule 402 evidence is admissible unless ____ say otherwise. - Answer- -US
Constitution
-Federal Statute
-Rules like 402
-Other rules prescribed by the Supreme Court
What is the difference between a Lay Witness & an Expert Witness? - Answer- Lay -
any witness who's not an expert (victim, police, etc.)
Expert - has knowledge not norm. possessed by the average person (fingerprint
examiner, lab analyst, etc.)
What does Rule 701 apply to? - Answer- Opinion Testimony by Lay Witness
Testimony in the form of opinions of Lay Witnesses (under rule 701) is limited to one
that is... - Answer- a) rationally based on their perception
b) helpful to understanding their testimony/ determining a fact
c) not based on scientific, technical, or specialized knowledge
What are some example questions permissible for a Lay Witness? - Answer- -What
speed was the car traveling?
-How old did the suspect appear?
-In your opinion, were they drunk?
What was the Fry vs. US case? - Answer- Defendant's attorney wanted to bring in an
expert who could "lie detect by blood pressure" which was not allowed bc it didn't have
acceptance in the science field.
