Chapter 20 Flashcards

1
Q

This type of evidence is favorable to the defendant:

a. Associative
b. Trace
c. Physical
d. Exculpatory

A

d. exculpatory

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2
Q

The first stage of a trial is the:

a. Petition
b. Adjudication
c. Sentencing
d. Jury selection

A

d. jury selection

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3
Q

Jurors who for any reason are unable to judge the evidence fairly will not be able to sit on the jury, and this is known as:

a. Test for cause
b. Confront for cause
c. Challenge for cause
d. Defy for cause

A

c. challenge for cause

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4
Q

The first appearance for a defendant is the:

a. Petition
b. Arraignment
c. Sentencing
d. Jury selection

A

b. arraignment

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5
Q

If the crime is a felony, the next appearance date is called:

a. Adjudication
b. Preliminary hearing
c. Sentencing
d. Jury selection

A

b. preliminary hearing

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6
Q

The questioning of a witness by the party who called them to trial is called:

a. Indirect examination
b. Truth examination
c. Direct examination
d. Fact finding examination

A

c. direct examination

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7
Q

These are the next principal form of evidence in a trial:

a. Displays
b. Exhibits
c. Unveiling
d. Revealing

A

b. exhibits

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8
Q

An agreement between the parties that certain facts exist and are not in dispute are called:

a. Stipulations
b. Remediation
c. Mediation
d. Agreement

A

a. stipulations

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9
Q

Police misconduct when referring to a violation of police department rules and regulations is:

a. Substantive
b. Procedural
c. Civil
d. Criminal

A

b. procedural

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10
Q

Police misconduct when referring to a violation of state and federal laws as well as violating a citizen’s rights is considered:

a. Substantive
b. Procedural
c. Civil
d. Criminal

A

criminal

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11
Q

The success of the officer’s testimony includes:

a. Appearance
b. Posture
c. Gesture
d. All of the above

A

d. all of the above

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12
Q

Law enforcement officials are professionals; therefore, this is considered of utmost importance:

a. Making cases
b. Listening to suspects
c. Ethical standards
d. Compliance to policy

A

c. ethical standards

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13
Q

The rate at which an investigator speaks may affect the jury’s perception of his:

a. Credibility
b. Standing
c. Sincerity
d. Authority

A

a. credibility

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14
Q

An investigator who is testifying should be looking directly at this person first:

a. Judge
b. Jury
c. Clerk
d. Attorney

A

d. attorney (the one asking the question)

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15
Q

The bedrock of the American judicial process is the witnesses in trial and their level of:

a. Honesty
b. Commitment
c. Belief
d. Satisfaction

A

a. honesty

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16
Q

When the jury reaches a verdict and signs the verdict forms, they go to the:

a. Clerk of the court
b. Judge
c. Defense attorney
d. Prosecutor

A

b. judge

17
Q

There are several ways to offer evidence into court. Your text identifies this amount:

a. 1
b. 2
c. 3
d. 4

A

d. 4

18
Q

The main purpose of this type of testimony is to gain favorable facts from the witness or to impeach the witness’s credibility:

a. Closing argument
b. Direct examination
c. Cross examination
d. Opening argument

A

c. cross examination

19
Q

During opening statements, this person has the burden of proof:

a. Defendant
b. Judge
c. Defense attorney
d. Prosecutor

A

d. prosecutor

20
Q

By choosing to file the charge that carries the mandatory sentence, the prosecutor still has to
worry that the judge can impose a lesser sentence.
a. True
b. False

A

b. false

21
Q

At a preliminary hearing, there is no jury, and a judge decides whether the evidence warrants the defendant standing trial and the judge needs to be convinced that the defendant was most likely responsible for committing the crime.

a. True
b. False

A

a. true

22
Q

A prospective juror may be challenged for conviction of serious crime, a financial interest in the outcome of the controversy, personal reasons, or professional reasons.

a. True
b. False

A

a. true

23
Q

Once the cross examination is completed, the prosecutor may requestion the witness to clarify
any information previously covered or yet to be covered. This is referred to as direct examination.
a. True
b. False

A

b. false

- this is called RE-Direct examination

24
Q

The judge usually pick the foreperson and rarely instructs the jurors to select a foreperson to preside over the deliberations and to sign the verdict form that reflects their decisions.

a. True
b. False

A

b. false

- the jury picks their own foreperson

25
Q

Even an experienced investigator cannot know which witness is credible or whether a witness possesses characteristics that could cause him or her to be discredited on the stand.

a. True
b. False

A

b.false

26
Q

Common forms of misconduct are excessive use of physical or deadly force, discriminatory arrest, physical or verbal harassment, and selective enforcement of the law.

a. True
b. False

A

a. true

27
Q

After the prosecutor and defense attorney have completed their closing arguments, the judge instructs the jury on the law applicable to the case, and this process is referred to as jury instructions.

a. True
b. False

A

a. true

28
Q

Once the jurors are seated, the _____ gives the jury preliminary instructions on the law.

A

judge

29
Q

When the judge determines at the preliminary hearing that there is sufficient evidence to believe the defendant committed the crime, the defendant is ______ over for trial.

A

bound

30
Q

The first appearance of a defendant is known as the _______.

A

arraignment

31
Q

There are three potential pleas, including guilty, not guilty, and ___ ______.

A

no contest

32
Q

After a judge explains the preliminary instructions, the prosecutor and defense attorney give their _____ ______.

A

opening statements

33
Q

Once opening statements are presented, the prosecutor who has the burden of proving his
allegations begins his ____ ___ _____.

A

case in chief

34
Q

If a judge takes ______ _______ of a fact, the fact is assumed true and admitted as evidence.

A

judicial notice

35
Q

The prosecution and defense will finally rest their case and proceed to _____ _______.

A

closing arguments

36
Q

What are the 4 types of evidence noted in book?

A
  1. Witnesses
  2. exhibits (physical items)
  3. Stipulations (attorneys agree on a thing like credentials of crime lab, etc.)
  4. Judicial Notice (judge takes notice i.e. jurisdiction or other common facts)
37
Q

what is an outside witness?

A

a person who does not have the comfort level of experience in testifying.