Test Bank For Criminal Evidence
CHAPTER 1: Introduction
CHAPTER 1: Introduction
Test Bank
TRUE/FALSE
1. The term evidence refers to all physical objects admitted at trial, but not testimony.
ANS: F REF: What is Evidence LO: 1
2. Items recovered from the crime scene can be introduced as evidence, but exhibits prepared
solely for use during trial are not considered evidence.
ANS: F REF: What is Evidence LO: 1
3. The prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt.
ANS: T REF: Burden of Proof LO: 2
4. In a criminal trial, the defense has the burden of persuasion that the prosecution’s evidence
is not sufficient to convict the defendant.
ANS: T REF: Burden of Proof LO: 2
5. In a jury trial, the judge acts as the trier of the law and the jury acts as the trier of the facts.
ANS: T REF: Role of Judge and Jury LO: 3
6. Prosecutors are not ethically allowed to discuss a case with the police prior to the arrest of
the suspect.
ANS: F REF: Role of the Prosecutor LO: 4
7. The prosecutor normally interviews all witnesses prior to deciding what charges to file.
ANS: F REF: Role of the Prosecutor LO: 4
8. A prosecutor is ethically required to refuse to file a case if he/she does not believe the
charges are supported by probable cause.
ANS: T REF: Role of the Prosecutor LO: 4
9. A prosecutor is ethically required to give the defense all evidence that he/she has that tends
to show that the accused may be not guilty.
1
,Test Bank For Criminal Evidence
CHAPTER 1: Introduction
ANS: T REF: Role of the Prosecutor LO: 4
10. If a prosecutor learns of new, credible and material evidence clearly indicating that a
convicted defendant did not commit an offense for which he/she was convicted, the
prosecutor should promptly notify an appropriate court.
ANS: T REF: Role of the Prosecutor LO: 4
11. The defendant’s right to assistance of counsel is guaranteed by the Sixth Amendment.
ANS: T REF: Role of the Defense Attorney LO: 4
12. Gideon v. Wainwright established the right of a person suspected of a crime to have an
attorney present during interrogation.
ANS: F REF: Role of the Defense Attorney LO: 4
13. It is unethical for a defense attorney to represent a person charged with a crime if the
attorney does not personally believes that the person is innocent.
ANS: F REF: Role of the Defense Attorney LO: 4
14. A criminal defense attorney must present every possible defense even though he/she
believes a particular defense is frivolous.
ANS: F REF: Role of the Defense Attorney LO: 4
15. The attorney-client privilege prevents a defense attorney from notifying the court if the
attorney knows that the client has committed perjury while testifying in the case.
ANS: F REF: Role of the Defense Attorney LO: 4
16. The rules we currently use for admitting evidence at trial are very similar to the ones used
in England at the time the United States declared its independence.
ANS: F REF: History and Development of Rules of Evidence LO: 5
17. One reason the Star Chamber and Inquisition used in the Middle Ages are considered
abusive is they refused to allow the defendant’s confession to be admitted at trial.
ANS: F REF: History and Development of Rules of Evidence LO: 5
18. Hearsay was not admissible in criminal trials prior to the American Civil War.
ANS: F REF: History and Development of Rules of Evidence LO: 5
2
,Test Bank For Criminal Evidence
CHAPTER 1: Introduction
19. The Federal Rules of Evidence apply in all federal and state courts in the United States.
ANS: F REF: Sources of Evidence Law LO: 6
20. Rulings in opinions from a state’s highest court are automatically used to update state
statutes so that the codes people purchase are up-to-date.
ANS: F REF: Sources of Evidence Law LO: 6
MULTIPLE CHOICE
1. Evidence is defined as:
a. information the police discover during the investigation of a crime.
b. something (including testimony, documents, and tangible objects) that tends to prove
or disprove the existence of an alleged fact.
c. facts the jury relies upon when reaching a verdict.
d. direct evidence that the defendant committed the charged offenses.
ANS: B REF: What Is Evidence LO: 1
2. The “burden of proof” required for a conviction in a criminal case in the United States is:
a. probable cause.
b. preponderance of the evidence.
c. clear and convincing.
d. beyond a reasonable doubt.
ANS: D REF: Burden of Proof LO: 2
3. In a criminal trial in the United States, the defense has the “burden of persuasion.” This
means:
a. defense can try to persuade the jury that the prosecution has not established the
defendant’s guilt.
b. defense must establish that the defendant did not commit the crime.
c. defense must prove that someone other than the defendant committed the crime.
d. defense must prove that the defendant is innocent.
ANS: A REF: Burden of Proof LO: 2
4. In a criminal trial in the United States, who has the burden of proof on “affirmative
defenses”?
a. prosecution
b. defense
c. judge
d. police
3
, Test Bank For Criminal Evidence
CHAPTER 1: Introduction
ANS: B REF: Burden of Proof LO: 2
5. When a judge decides whether a witness should answer numerous questions asked by the
defense to challenge the prosecution witness’s memory, the judge is:
a. acting as the “trier of the facts”.
b. exercising judicial discretion.
c. changing the burden of proof.
d. interfering with the defense’s burden of persuasion.
ANS: B REF: Role of Judge and Jury LO: 3
6. In a jury trial, who is the “trier of the law”?
a. prosecution
b. defense
c. judge
d. police
ANS: C REF: Role of Judge and Jury LO: 3
7. In a jury trial, the “trier of the facts”:
a. evaluates the evidence.
b. decides whether a witness is qualified to testify.
c. determines which laws should be applied to the evidence.
d. all of these
ANS: A REF: Role of Judge and Jury LO: 3
8. Who decides if evidence is admissible at trial?
a. judge presiding over the trial
b. an expert witness
c. prosecution
d. defense
ANS: A REF: Role of Judge and Jury LO: 3
9. Based on Apprendi v. New Jersey, facts used by the judge when determining the
defendant’s sentence must be decided by the:
a. trier of the facts.
b. trier of the laws.
c. prosecutor.
d. person writing the presentence investigation report.
ANS: A REF: Role of Judge and Jury LO: 3
4
CHAPTER 1: Introduction
CHAPTER 1: Introduction
Test Bank
TRUE/FALSE
1. The term evidence refers to all physical objects admitted at trial, but not testimony.
ANS: F REF: What is Evidence LO: 1
2. Items recovered from the crime scene can be introduced as evidence, but exhibits prepared
solely for use during trial are not considered evidence.
ANS: F REF: What is Evidence LO: 1
3. The prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt.
ANS: T REF: Burden of Proof LO: 2
4. In a criminal trial, the defense has the burden of persuasion that the prosecution’s evidence
is not sufficient to convict the defendant.
ANS: T REF: Burden of Proof LO: 2
5. In a jury trial, the judge acts as the trier of the law and the jury acts as the trier of the facts.
ANS: T REF: Role of Judge and Jury LO: 3
6. Prosecutors are not ethically allowed to discuss a case with the police prior to the arrest of
the suspect.
ANS: F REF: Role of the Prosecutor LO: 4
7. The prosecutor normally interviews all witnesses prior to deciding what charges to file.
ANS: F REF: Role of the Prosecutor LO: 4
8. A prosecutor is ethically required to refuse to file a case if he/she does not believe the
charges are supported by probable cause.
ANS: T REF: Role of the Prosecutor LO: 4
9. A prosecutor is ethically required to give the defense all evidence that he/she has that tends
to show that the accused may be not guilty.
1
,Test Bank For Criminal Evidence
CHAPTER 1: Introduction
ANS: T REF: Role of the Prosecutor LO: 4
10. If a prosecutor learns of new, credible and material evidence clearly indicating that a
convicted defendant did not commit an offense for which he/she was convicted, the
prosecutor should promptly notify an appropriate court.
ANS: T REF: Role of the Prosecutor LO: 4
11. The defendant’s right to assistance of counsel is guaranteed by the Sixth Amendment.
ANS: T REF: Role of the Defense Attorney LO: 4
12. Gideon v. Wainwright established the right of a person suspected of a crime to have an
attorney present during interrogation.
ANS: F REF: Role of the Defense Attorney LO: 4
13. It is unethical for a defense attorney to represent a person charged with a crime if the
attorney does not personally believes that the person is innocent.
ANS: F REF: Role of the Defense Attorney LO: 4
14. A criminal defense attorney must present every possible defense even though he/she
believes a particular defense is frivolous.
ANS: F REF: Role of the Defense Attorney LO: 4
15. The attorney-client privilege prevents a defense attorney from notifying the court if the
attorney knows that the client has committed perjury while testifying in the case.
ANS: F REF: Role of the Defense Attorney LO: 4
16. The rules we currently use for admitting evidence at trial are very similar to the ones used
in England at the time the United States declared its independence.
ANS: F REF: History and Development of Rules of Evidence LO: 5
17. One reason the Star Chamber and Inquisition used in the Middle Ages are considered
abusive is they refused to allow the defendant’s confession to be admitted at trial.
ANS: F REF: History and Development of Rules of Evidence LO: 5
18. Hearsay was not admissible in criminal trials prior to the American Civil War.
ANS: F REF: History and Development of Rules of Evidence LO: 5
2
,Test Bank For Criminal Evidence
CHAPTER 1: Introduction
19. The Federal Rules of Evidence apply in all federal and state courts in the United States.
ANS: F REF: Sources of Evidence Law LO: 6
20. Rulings in opinions from a state’s highest court are automatically used to update state
statutes so that the codes people purchase are up-to-date.
ANS: F REF: Sources of Evidence Law LO: 6
MULTIPLE CHOICE
1. Evidence is defined as:
a. information the police discover during the investigation of a crime.
b. something (including testimony, documents, and tangible objects) that tends to prove
or disprove the existence of an alleged fact.
c. facts the jury relies upon when reaching a verdict.
d. direct evidence that the defendant committed the charged offenses.
ANS: B REF: What Is Evidence LO: 1
2. The “burden of proof” required for a conviction in a criminal case in the United States is:
a. probable cause.
b. preponderance of the evidence.
c. clear and convincing.
d. beyond a reasonable doubt.
ANS: D REF: Burden of Proof LO: 2
3. In a criminal trial in the United States, the defense has the “burden of persuasion.” This
means:
a. defense can try to persuade the jury that the prosecution has not established the
defendant’s guilt.
b. defense must establish that the defendant did not commit the crime.
c. defense must prove that someone other than the defendant committed the crime.
d. defense must prove that the defendant is innocent.
ANS: A REF: Burden of Proof LO: 2
4. In a criminal trial in the United States, who has the burden of proof on “affirmative
defenses”?
a. prosecution
b. defense
c. judge
d. police
3
, Test Bank For Criminal Evidence
CHAPTER 1: Introduction
ANS: B REF: Burden of Proof LO: 2
5. When a judge decides whether a witness should answer numerous questions asked by the
defense to challenge the prosecution witness’s memory, the judge is:
a. acting as the “trier of the facts”.
b. exercising judicial discretion.
c. changing the burden of proof.
d. interfering with the defense’s burden of persuasion.
ANS: B REF: Role of Judge and Jury LO: 3
6. In a jury trial, who is the “trier of the law”?
a. prosecution
b. defense
c. judge
d. police
ANS: C REF: Role of Judge and Jury LO: 3
7. In a jury trial, the “trier of the facts”:
a. evaluates the evidence.
b. decides whether a witness is qualified to testify.
c. determines which laws should be applied to the evidence.
d. all of these
ANS: A REF: Role of Judge and Jury LO: 3
8. Who decides if evidence is admissible at trial?
a. judge presiding over the trial
b. an expert witness
c. prosecution
d. defense
ANS: A REF: Role of Judge and Jury LO: 3
9. Based on Apprendi v. New Jersey, facts used by the judge when determining the
defendant’s sentence must be decided by the:
a. trier of the facts.
b. trier of the laws.
c. prosecutor.
d. person writing the presentence investigation report.
ANS: A REF: Role of Judge and Jury LO: 3
4
