Deck 4: Evidentiary Issues in Prosecution

Question 1

A suspect's skin and blood are discovered at the scene of the crime.The DNA is run through the FBI's DNA database and a positive match results,showing that the tissue belongs to Carl Doe.Will this evidence be admissible at trial?

A)No,because it is circumstantial evidence.
B)No,because Carl did not consent to having this sample run through the database.
C)Yes,because DNA evidence cannot be challenged.
D)Yes,because it shows that Carl was present at the scene.

Answer 1

D

Question 2

Carl is arrested,but no one reads him his Miranda rights.His arrest is illegal and he will be set free.

Answer 2

False

Question 3

What are "foundation questions"?

A)Questions of the witness to show his or her knowledge of the subject matter
B)Questions of the defendant to show his or her degree of guilt
C)Questions of a witness to show the relevancy of evidence
D)Questions of the jury to determine guilt or innocence of the accused

Answer 3

C

Question 4

Carl is stopped on the street,handcuffed,and then taken back to a waiting patrol car.The officer shoves Carl's face against the glass window and asks the person in the back seat,"Is this the man who attacked you?" The witness says yes and Carl is arrested.Is this identification admissible at trial?

A)Yes,because Carl was validly arrested.
B)Yes,because the witness identified Carl.
C)No,because Carl was not read his Miranda rights.
D)No,because it was an impermissible "show-up."

Question 5

During Carl's interrogation,he takes a polygraph test.The results of the test indicate deception.Will the jury be permitted to view these results?

A)Yes,because they occurred during a legal interrogation.
B)Yes,because Carl was under arrest at the time of the test.
C)No,because Carl was not aware of the legal ramifications of the test.
D)No,because polygraph results are not admissible.

Question 6

During his interrogation,police offer to speak with the judge and tell the judge that Carl was cooperative.Carl subsequently confesses.The statement is unconstitutional.

Question 7

During his interrogation,the police lie to Carl,telling him that his fingerprints were found at the scene.This is a permissible tactic.

Question 8

During his interrogation,police promise Carl that if he confesses to committing the crime,the judge will only give him probation and a fine.Carl confesses.This confession was obtained unconstitutionally.

Question 9

Who has the final say on the weight to be given any particular piece of evidence?

A)The jury
B)The judge
C)The prosecutor
D)The defense attorney

Question 10

What is the primary difference between direct and circumstantial evidence?

A)Direct evidence is admissible; circumstantial is not.
B)A case can be based entirely on direct evidence,but not entirely on circumstantial evidence.
C)Direct evidence is a fact; circumstantial evidence suggests a fact.
D)There is no difference between direct and circumstantial evidence.

Question 11

What is "chain of custody"?

A)The link between the defendant and his or her term of incarceration
B)The link between the evidence and who possessed it
C)The connecting chain of events leading to the defendant's arrest
D)The proof necessary to convict the defendant

Question 12

After Carl's arrest,his appointed counsel informs him that the police want to stage a live,physical lineup.Carl is brought to a room where there is a one-way mirror and several other people who look more or less like Carl.However,just before the lineup,Carl's attorney is prevented from attending.The victim positively identifies Carl as the attacker.Will this identification be admitted at trial?

A)Yes,because the lineup was constitutionally valid.
B)Yes,because Carl's attorney had no right to be present.
C)No,because Carl did not consent to the lineup.
D)No,because Carl's attorney had the right to be present.

Question 13

Carl decides to give a voluntary statement to the police.No one reads him his Miranda
rights.Carl's statement can be admitted at trial.

Question 14

A judge rules that certain evidence is "admissible." What does this mean?

A)The evidence establishes the defendant's guilt.
B)The jury will be allowed to hear/see the evidence.
C)The prosecution's evidence is better than that of the defense.
D)The jury will not be allowed to hear/see the evidence.

Question 15

During his interrogation,police threaten Carl with being locked up without food and water until he confesses.Carl confesses.The confession was obtained unconstitutionally.

Question 16

Miranda rights are a requirement imposed by federal statutes.

Question 17

What are the sanctions for an improper lineup?

A)The officer can be fined.
B)The judge can order a reduced sentence.
C)The prosecutor could be fined.
D)The evidence will not be admitted.

Question 18

In order to fool Carl,the police have him sign a document that purports to be a "Release of Suspect's Property," when in fact it is a consent to search form.This is a permissible tactic.

Question 19

During his interrogation,Carl asks to speak with his lawyer.The police can continue to question him.