Q&A Hero

Q: The court's holding is: a. also called a judgment. b. found in the case's procedural history. c. the legal rule the court applied to the facts of the case. d. the also called the majority opinion.

Q: In jurisdictions with a psychotherapist"patient privilege, there is usually an exception for patients who _____. a. are rely on public funding for treatment b. patients who do not really need treatment c. may be a danger to themselves or others d. are acutely psychotic

Q: Courts explain the rationale for the case decision in the:a. judgment.b. opinion. c. decision. d. facts.

Q: The physician"patient privilege _____. a. did not exist at common law b. entered the common law in the 1700s c. is designed to protect the physician d. is recognized only if the physician collects a fee

Q: How a court disposes of a case is called the:a. court's judgment.b. court's opinion. c. majority opinion. d. case holding.

Q: When one spouse has _____, marital privilege does not apply. a. committed a crime against the other b. been unfaithful to the other c. committed a crime d. been married before

Q: A brief description of the steps and judgments made by each court that has heard a case is called the:a. courts' judgments. b. courts' decisions.c. courts' opinions.d. procedural history of the case.

Q: The citation of a case includes what information? a. The court reporting the case. b. The date the case is decided and the court reporting the case. c. The date the case is decided, the decision the court reached, the court reporting the case, and the court that the case is appealed from. d. The decision the court reached, the court reporting the case, and the court that the case is appealed from.

Q: The graduated objective basis requirement holds that the greater the limits the government places on an individual's autonomy, the:a. more discretion the government agent must exercise.b. less discretion the government agent must exercise.c. more facts must back up the government's actions.d. more facts must be close to proving guilt beyond a reasonable doubt.

Q: The marital privilege _____. a. was not recognized at common law b. is not recognized in federal courts c. is recognized in about half the states d. is recognized in all jurisdictions

Q: It has been held that courts should not take _____ of facts that are an element of the crime charged or serve as the basis for increased prison sentences. a. judicial notice b. presumption c. bias opinion d. omission

Q: Hunches are never sufficient to guide decisions made by agents of crime control. This principle can be described as: a. good evidence. b. using the best methods. c. the objective basis requirement. d. discretionary decisions.

Q: The attorney"client privilege does not apply when the client informs the attorney of _____. a. past crimes b. planned crimes c. incriminating information d. crimes against the state

Q: Judgments made by professionals based on their training and experience and unwritten rules are known as: a. formal decision making. b. discretionary decision making. c. applying the written rules in a flexible manner. d. official discretion.

Q: The oldest confidential communication privilege known to the common law was the _____ privilege. a. attorney"client b. priest"penitent c. doctor"patient d. reporter"source

Q: Making decisions according to the law of criminal procedure as outlined in the Constitution, judicial opinions, laws and other written sources is called: a. formal decision making. b. informal decision making. c. discretionary decision making. d. playing by the rules.

Q: The balance between society and individual and between ends and means is tested most seriously: a. during wartime. b. during depression. c. during natural disasters. d. during civil rights movements.

Q: People can assert the privilege against self-incrimination only for _____ evidence. a. physical or scientific evidence b. testimonial or communicative c. bodily d. exculpatory

Q: A person can assert the privilege against self-incrimination _____. a. only at criminal proceedings b. only in civil proceedings c. only at the grand jury d. at any judicial proceeding

Q: The privilege against self-incrimination is found in the _____ Amendment. a. Fourth b. Fifth c. Sixth d. Eighth

Q: The trend today in balancing results and means in criminal justice: a. continues to be strongly in favor of individual rights by emphasizing process (means). b. has shifted away from process to results. c. is impossible to determine because the Supreme Court has not made it clear. d. is equally poised between process (means) and results.

Q: The oldest application of judicial notice is for _____. a. matters generally known within the community or state b. principles that are generally accepted by reputable scientists c. the identity of defendants d. published official records

Q: The due process revolution in the 1960s:a. emphasized the police power of the state to control individuals who were protesting the government's policies.b. tilted the balance between results and means in criminal justice in favor of the state.c. emphasized the needs of crime victims.d. tilted the balance between results and means in criminal justice in favor of process (means) and individual rights.

Q: A _______opinion is NOT a type of opinion that can be issued by an appellate court, whether federal or state.a. concurring b. majorityc. plurality d. judgment

Q: Judicial notice is permitted _____. a. in all jurisdictions except the federal courts b. in the federal courts but not state courts c. in a majority of jurisdictions d. in all jurisdictions

Q: The procedural history of the case refers to the: a. informal procedural steps the case has taken. b. indictment phase of the case.c. formal procedural steps the case has taken.d. appeals portion of the case.

Q: The primary purpose of judicial notice is to _____. a. protect the rights of defendants b. assure a fair trial for both parties c. give the judge more control over the proceedings d. save time and effort

Q: List the objections to the form of the questions asked in a trial.

Q: The "means" side of the endmeans balance: a. is committed towards fairness in dealing with defendants. b. is devoted to giving government officials as much power possible. c. is concerned that too many defendants go free on technicalities. d. fosters the result side of the criminal justice process.

Q: According to the text, a vast majority of citizens never go further than which of the following legs of the criminal procedure road map?a. Public places b. Police stationsc. Prosecutor's offices d. Trial courts

Q: Striking the balance between community security and individual autonomy: a. is generally a straightforward process. b. is often difficult and the balance that is struck may not satisfy any individual party completely. c. usually leads to an emphasis on community security. d. requires the court to find in favor of the individual.

Q: Discuss the functions of impeaching a witnesses' testimony.

Q: The states are free to _________operating procedures established by the U.S. Supreme Court that apply to the administration of criminal justice. a. lower or reduce the b. ignore the c. raise the minimum d. raise the maximum

Q: Discuss the purposes of redirect examination.

Q: According to legal experts, the primary generators of the rules to regulate the behavior of police, prosecutors, and others involved in the criminal process rests with the: a. legislature. b. President of the United States. c. trial courts. d. U.S. Supreme Court.

Q: List the three elements that all evidence must be in order to be allowed into a trial.

Q: In a constitutional democracy, when enforcing the criminal law: a. officials are restricted by the law of criminal procedure. b. officials are restricted by the legislature. c. officials are restricted by popular opinion. d. officials have wide latitude to decide what actions to take.

Q: Discuss the objections which attorneys may make to both questions and answers directed to witnesses in a criminal trial.

Q: Discuss, define, compare, and contrast the law on the permissibility of ordinary and expert witnesses to give their opinions. Be sure to provide examples.

Q: In a constitutional democracy: a. the majority could authorize the police to arrest an individual based on the hunch that he/she committed a crime. b. the majority has total power to determine how much authority the police have. c. neither a single dictator nor an overwhelming majority of people have total power. d. the power of police depends on which party won the most recent election.

Q: Describe and discuss the Sixth Amendment rights of defendants with regard to witnesses.

Q: What are the three basic requirements for a person to qualify as a competent witness? Be sure to provide examples.

Q: The first line of defense an opposing party seeks to use is _______________

Q: In criminal cases, _____ is probably the most effective cross-examination technique

Q: In Commonwealth v. Delbridge, _____ was defined as the implanting false memories or the distortion of real memories caused by interviewing techniques.

Q: A defendant's right to testify does not include the right to commit _____.

Q: In _____ v. Arkansas, the U.S. Supreme Court dealt with the admissibility of hypnotically refreshed testimony.

Q: Defendants who testify at their trial waive their _____ against self-incrimination.

Q: The conduct or attitude of a witness is referred to as their "_____."

Q: In a jury trial, it is the duty of the _____ to assess the credibility of the witnesses and the weight to be given to the testimony.

Q: To be admissible, testimony must be relevant, competent, and _____.

Q: A subpoena duces _____ commands a witness to appear and bring certain things with them.

Q: Under the Sixth Amendment, the defendant has a right to ______ and cross-examine witnesses.

Q: Voir dire is a French term that means "to speak the _____."

Q: To be deemed a competent witness, the witness must generally have _____ knowledge of the matters to which they testify.

Q: Children and other witnesses whose competence is questioned will usually be subjected to a(n) _____ examination.

Q: Adults are generally _____ to be competent witnesses.

Q: If a party does not want a witness to answer a question, that party must object to the question. a. True b. False

Q: After direct examination, a witness is subject to cross-examination by the opposing party. a. True b. False

Q: Defendants who testify at their criminal trial may not be cross-examined by the prosecution. a. True b. False

Q: Upon being called, a witness will first be subject to direct examination by the party that called him or her. a. True b. False

Q: The first witnesses to testify in a criminal case are prosecution witnesses. a. True b. False

Q: A police officer can never be an expert witness. a. True b. False

Q: The general rule is that ordinary (non-expert) witnesses may not give their conclusions or opinions. a. True b. False

Q: The right to subpoena witnesses is found in the Sixth Amendment. a. True b. False

Q: Under the Sixth Amendment, a defendant who lies on the witness stand cannot be prosecuted for perjury. a. True b. False

Q: The privilege against self-incrimination gives the defendant a right to testify at his or her trial. a. True b. False

Q: The right to confront and cross-examine witnesses is found in the Fifth Amendment. a. True b. False

Q: One of the purposes of the right to a jury trial is to protect people against overzealous prosecutors and biased judges. a. True b. False

Q: The term "demeanor of a witness" refers to the conduct and/or appearance of a witness while testifying. a. True b. False

Q: In a jury trial, it is the province of the jury to determine the credibility of the witnesses and the weight to be given to their testimony. a. True b. False

Q: In a jury trial, voir dire of witnesses is conducted by the foreperson of the jury. a. True b. False

Q: Many jurisdictions have set up special procedures to protect child victims who testify at the trial of their alleged abuser. a. True b. False

Q: Voir dire is a French term meaning to incriminate oneself. a. True b. False

Q: Prior to 1779, no child under the age of fourteen was eligible or competent to testify as a witness. a. True b. False

Q: Unless they are the victim of a crime or an eyewitness, a child under the age of twelve can never be a competent witness. a. True b. False

Q: Adult witnesses are presumed to be competent witnesses. a. True b. False

Q: Expert testimony based on handwriting analysis is generally _____in both federal and state courts under Federal Rules of Evidence 702 and similar state rules a. inadmissible b. excluded c. subjective d. admissible

Q: By using _____, "the cross-examiner intends to afford the jury a basis to infer that the witness' character is such that he would be less likely than the average trustworthy citizen to be truthful in his testimony." a. evidence b. convincing c. impeachment d. objectivity

Q: The trial judge determines the _____ of a witness. a. recross b. competence c. redirect d. didactic