Page of This chapter has 62 questions Scroll down to see and select individual questions or narrow the list using the checkboxes below keep in order questions at random and Multiple Choice Questions - (26) Odd Numbered - (31) True/False Questions - (25) Even Numbered - (31) Short Answer Questions - (11) An officer may arrest if he or she has a hunch that the individual may be engaged in criminal activity, or believes that the individual is up to no good True → False True / False Question The "chain of custody" refers to the proper handling of evidence during trial True → False True / False Question An objective of the rules of evidence is to protect a defendant's rights → True False True / False Question One criticism of the early "compurgators" was the use of character witnesses who often committed perjury → True False True / False Question Test Bank for Criminal Evidence 7th Edition by Garlan A witness's testimony, when presented to the judge and jury, is not considered evidence True Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-7th-Edition-by-Garlan → False True / False Question As practiced today, trials by jury have been around for about 300 years → True False True / False Question Rules of evidence have been constructed to keep all irrelevant information away from the jury, promoting an efficient judicial system True → False True / False Question The rules of evidence are not static and are constantly changing → True False True / False Question All state legislatures have adopted the Federal Rules of Evidence as of September 1997 True → False True / False Question 10 The Federal Rules of Evidence apply in all federal courts throughout the United States → True False True / False Question 11 The function of early petit juries was similar to the grand juries of today True → False True / False Question 12 Booking is the formal processing of the arrested person by the police that involves informing an individual of the right to remain silent, among other things True → False True / False Question 13 Those states that have adopted the Federal Rules of Evidence have some variances that must be learned by the officer → True False True / False Question 14 Early jury trials closely resembled the jury trials of today True Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-7th-Edition-by-Garlan Page of → False True / False Question 15 The Federal Rules of Evidence apply only to criminal matters True → False True / False Question 16 At a preliminary hearing, the judge considers the prosecution's case to decide whether there is probable cause to believe the defendant committed the crimes charged → True False True / False Question 17 It is the job of the deputy United States Marshals to keep order in the federal courtrooms → True False True / False Question 18 "Trial by ordeal" was an appeal to the supernatural to determine guilt or innocence → True False True / False Question 19 The most common version of evidence law in the United States is the Model Penal Code True Test Bank for Criminal Evidence 7th Edition by Garlan → False Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-7th-Edition-by-Garlan True / False Question 20 Miranda warnings must be given any time a subject is questioned by a police officer True → False True / False Question 21 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 → True False True / False Question 22 The creators of the law believed that juries are trustworthy, and need no guidance or protection from manipulation by attorneys during a trial True → False True / False Question 23 Probation is the most frequently imposed sentence on first-time offenders → True False True / False Question 24 The Fifth Amendment ensures freedom from unreasonable searches and seizures True → False True / False Question 25 Once entered into the evidence locker, evidence may not be removed True → False True / False Question 26 Which of the following is a correct description of the purpose for discovery? → an exchange of information designed to lessen the element of surprise at trial the withholding of information designed to increase the element of surprise at trial examination of a witness for possible perjury to force an uncooperative defendant to comply with the court's request Multiple Choice Question 27 Which of the following sources of evidence is inadmissible? recordings and photographs → evidence obtained by a police officer in violation of a suspect's constitutional rights eyewitness testimony expert testimony Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-7th-Edition-by-Garlan Page of Multiple Choice Question 28 Evidence may not be classified as which one of the following? real demonstrative circumstantial → impartial Multiple Choice Question 29 The state and local police are called upon to all of the following except: enforce the law maintain public order emergency services or aid → investigate federal law violations Multiple Choice Question 30 Law enforcement agencies often employ specially trained personnel who are familiar with such specialized fields as: ballistics blood stain analysis DNA analysis → all of the above Multiple Choice Question 31 The chief prosecuting attorney may also be called the District Attorney Test Bank for Criminal Evidence 7th Edition by Garlan County Attorney Regional Full file attorney at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-7th-Edition-by-Garlan → a and b only Multiple Choice Question 32 All of the following are true about the federal system except: The assistant United States Attorneys are all federal employees There are more than 90 federal districts The principal trial court is the United States District Court → The chief prosecutor is the Chief Justice of the United States Supreme Court Multiple Choice Question 33 The prosecutor is not responsible for charging criminal law violators in court on behalf of the people of a district deciding whether to dismiss charges conducting any plea negotiations → evaluating all evidence for the court Multiple Choice Question 34 Which of the following is not true of the juvenile justice system? It is intended to be more informal than criminal courts Juvenile courts are civil, rather than criminal proceedings → Juvenile court judges must be certified social workers Children who appear in juvenile court have certain fundamental constitutional rights Multiple Choice Question 35 Which of the following facts regarding probation officers is false? They investigate defendants prior to sentencing → Nearly 9.1 million adults are on probation on any given day in the United States They provide a pre-sentence report to the court They assist persons recently released from prison to find jobs Multiple Choice Question 36 Violations of probation and terms of parole result in hearings that may lead to all of the following except → parole incarceration re-incarceration warning Multiple Choice Question 37 Which of the following statements concerning bail is true? It is a deposit of cash, other property, or a bond → It is never required in capital cases It guarantees that the accused will appear in court Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-7th-Edition-by-Garlan Page of It often is posted by a professional bondsman Multiple Choice Question 38 Plea bargaining is often employed for which of the following reasons? → To resolve approximately 90% of all prosecutions When there is insufficient evidence to convict the defendant The prosecution does not believe it is worth taking the case to trial The defendant does not wish to risk going to trial Multiple Choice Question 39 The criminal justice system includes all of the following except law enforcement prosecution and defense corrections → court stenographers Multiple Choice Question 40 It is the job of the prosecutor to pursue a case developed by the police until the case terminates by dismissal verdict mistrial → only a and b above Multiple Choice Question Test Bank for Criminal Evidence 7th Edition by Garlan 41 Which of the following is true with regard to providing legal counsel to a defendant? AFull defendant is sentenced any time in jail or prison is entitled to an attorney whether or not he or she can file atwho https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-7th-Edition-by-Garlan afford one A defendant who is sentenced to more than six months in jail or prison is entitled to an attorney whether or not → he or she can afford one A defendant who is sentenced to more than 12 months in jail or prison is entitled to an attorney whether or not he or she can afford one The right to an attorney is not recognized by the federal courts Multiple Choice Question 42 The defense counsel must not treat the defendant fairly demand that the prosecution respect the defendant's rights → casually represent the defendant convince the jury that the prosecution has not met its burden of proof beyond a reasonable doubt Multiple Choice Question 43 The federal courts are authorized to try which of the following crimes? → robbery of federally insured banks armed robbery grand theft burglary Multiple Choice Question 44 Venue does not refer to which of the following? neighborhood → jurisdiction place county Multiple Choice Question 45 Which of the following is a criminal procedure requirement that has been incorporated into the due process clause of the Fourteenth Amendment? → the privilege against self-incrimination freedom of the press freedom of speech freedom of worship Multiple Choice Question 46 The following facts concerning jails are all true except: Jails maintain custody of persons arrested pending prosecution On any given day, close to 800,000 adults are being held in jail → Jails provide many services, since most inmates are there long term Most jails are operated by cities or counties, or both Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-7th-Edition-by-Garlan Page of Multiple Choice Question 47 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? not being in possession of a firearm not associating with known criminal offenders attempting to find a job → selecting reading material for the parolee Multiple Choice Question 48 After arrest, the prosecutor will file a charge against the defendant if the prosecutor is satisfied that → there is sufficient evidence to support the charge the person is a known criminal the person has a guilty demeanor the person has no alibi Multiple Choice Question 49 An officer possessing probable cause may arrest the suspect without a warrant, unless → the suspect is in his or her home the suspect invokes his or her Miranda rights the suspect can provide a reasonable explanation the suspect is in a public place Multiple Choice Question 50 A preliminary hearing is a court proceeding in which Test Bank for Criminal Evidence 7th Edition by Garlan the prosecutor files a charge against the defendant judge whether probable cause exists to hold that person for trial → the Full filedecides at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-7th-Edition-by-Garlan the grand jury issues an indictment against the defendant hearsay is inadmissible Multiple Choice Question 51 When a grand jury charges a crime, it does so by issuing: an affidavit → an indictment a subpoena an information Multiple Choice Question 52 The law enforcement officer has the responsibility of filing the criminal complaint When should this be done and what must support the complaint? Explanation: The criminal complaint can be completed either 1) in advance of an arrest in order to obtain an arrest warrant, or 2) after an arrest is made without a warrant The complaint charges the defendant with a particular crime and is supported by an 3) affidavit, a written statement, sworn under oath, in which the officer states the facts within his or her personal knowledge that support the complaint Short Answer Question 53 Why should the law enforcement officer be careful to give only enough information necessary to show probable cause at the preliminary hearing? Explanation: Testimony by the officer at the preliminary hearing makes a record that defense counsel can use later at trial to try to trip the officer up Moreover, further investigation from the time of the prelim to the time of the trial, may change the way the case is tried Therefore, the officer should only testify to the bare minimum to show probable cause On the other hand, the officer cannot be so tight lipped as to fail to provide the necessary information to supply probable cause Short Answer Question 54 Philip Cheever has just been arrested by an officer for an outstanding warrant and is ready to be booked What are the elements of the booking procedure? Explanation: Booking is a formal processing of the arrested person by the police that involves 1) recording the arrest, 2) fingerprinting, 3) photographing, and 4) taking an inventory of all personal items taken from the suspect Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-7th-Edition-by-Garlan Page of Short Answer Question 55 Name four federal law enforcement agencies Explanation: Possible answers include: 1) Drug Enforcement Administration, 2) the Bureau of Alcohol, Tobacco, and Firearms, 3) U.S Immigration and Customs Enforcement (ICE), 4) the United States Marshals Service, 5) the Border Patrol, 6) the United States Park Service, 7) the Bureau of Postal Inspection, 8) the Secret Service, and 9) the Federal Bureau of Investigation Short Answer Question 56 Briefly describe two forerunners of the present-day jury trial Explanation: In the days before jury trials, proof of guilt or innocence was decided by ordeal, battle, or compurgation For the most part, trial by ordeal was an appeal to the supernatural Later, another kind of trial was introduced in England as a result of the Norman Conquest in 1066 This was trial by battle or combat (also known as "wager of battle") A more humane method of ascertaining guilt or innocence utilized from time to time was trial by compurgation, also known as "wager of law." In this system the accused would testify in his or her own behalf, pleading his or her innocence Later a trial by jury system began to make its appearance It was in no way like the trial by jury as we know it The first juries had the function of charging the accused with a crime, acting in much the same capacity as a grand jury of today They served to substantiate an accusation, leaving the test of innocence or guilt to be decided by some other means, such as trial by ordeal, battle, or Test Bank for Criminal Evidence 7th Edition by Garlan wager of law As time passed and these methods lost favor, the accusatory jury was given a dual function Jury members would gather information from the countryside, mostly hearsay (unsworn, out-of-court statements), concerning the alleged Fullwould file decide at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-7th-Edition-by-Garlan crime and, later, whether the accused should be held for trial If a trial was ultimately held, the same jury would try the accused and render a verdict Short Answer Question 57 What is the technical definition of evidence and what is the purpose of evidence when presented at trial? Explanation: Technically, evidence consists of testimony or physical items presented to the judge and jury that they use to decide the truth of an assertion, the existence of a fact, and ultimately the guilt or innocence of the accused in a criminal case Evidence is information that people base decisions on In a legal sense, evidence is the information presented in court during a trial which enables the judge and the jury to decide a particular case Short Answer Question 58 "Rules of evidence," or the "law of evidence," as they are also known, are a set of regulations that act as guidelines List at least three of these general guidelines Explanation: These guidelines determine 1) how the trial is to be conducted, 2) who can be a witness, 3) the matters about which the witness can testify, 4) the method by which articles at a crime scene (physical evidence) are collected and preserved, and 5) what is admissible and what is inadmissible Short Answer Question 59 How does the dual judicial system operate in the United States? Explanation: The federal court system applies nationwide, and there are federal courts located in each state These courts co-exist with individual state court systems Whether a defendant is tried in a federal or state court depends on which court has jurisdiction over the particular case The jurisdiction of a court is the power or authority of the court to act with respect to a case before it The acts involved in the case must have taken place within, or have had an effect within, the geographical territory of the court, or there must be some statutory authority for the court's power Short Answer Question 60 What does it mean to be "paroled under supervision into the community?" Explanation: If a person is sentenced to a term in prison, but is released on parole prior to the expiration of the full sentence, the person Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-7th-Edition-by-Garlan Page of is said to be "paroled under supervision into the community." Supervision on parole is similar to probation supervision, except that the parole service is an agency of the state correctional system, rather than the court system Short Answer Question 61 What is the purpose of a grand jury, and when is a grand jury necessary? Explanation: In the federal system and in many states, felonies can still only be prosecuted by indictment of a grand jury In those jurisdictions, after the police investigate a crime, the case is presented by the prosecutor to the grand jury The grand jury hears only the prosecutor's case and decides whether to indict the accused If the grand jury votes to indict then a bill of indictment, or a true bill, is issued If the grand jury votes not to indict a no bill is issued Grand jury proceedings are secret Only the jurors, the prosecutor, and witnesses are present Neither the defendant, defense counsel, nor the public can be present during grand jury proceedings Short Answer Question 62 What was the case that stands as good case law today regarding the practice of states of filing an information as opposed to a grand jury, and what was the holding of the case? Explanation: In Hurtado v California, the Supreme Court of the United States held that the requirement of a grand jury set forth in the Fifth Amendment applies to the federal government, not the states Furthermore, the Court held that the states did not need Test Bank for Criminal Evidence 7th Edition by Garlan to proceed by means of a grand jury indictment in order to satisfy constitutional fairness requirements with respect to felony prosecutions Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-7th-Edition-by-Garlan Short Answer Question Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-7th-Edition-by-Garlan ... the Model Penal Code True Test Bank for Criminal Evidence 7th Edition by Garlan → False Full file at https://TestbankDirect.eu /Test- Bank- for- Criminal- Evidence- 7th- Edition- by- Garlan True / False... District Attorney Test Bank for Criminal Evidence 7th Edition by Garlan County Attorney Regional Full file attorney at https://TestbankDirect.eu /Test- Bank- for- Criminal- Evidence- 7th- Edition- by- Garlan... https://TestbankDirect.eu /Test- Bank- for- Criminal- Evidence- 7th- Edition- by- Garlan Short Answer Question Full file at https://TestbankDirect.eu /Test- Bank- for- Criminal- Evidence- 7th- Edition- by- Garlan