Deck 7: Crime Scene Evidence and Experiments

Question 1

Which of the following statements does not represent one of the steps in marking evidence?

A) The item to be marked is shown to opposing counsel while the witness is on the stand.
B) The lawyer who wishes to introduce the evidence asks the clerk to mark the item for identification purposes.
C) The lawyer who wishes to introduce the evidence must lay a foundation for the admissibility of the evidence.
D) The lawyer who wishes to introduce the evidence makes a formal request to admit the material into evidence.

Answer 1

A

Question 2

Before being introduced at trial, authenticated real evidence also:

A) Must be found to be relevant and nonprejudicial
B) May not be hearsay or privileged
C) Must have been obtained in compliance with the law
D) All of the above are required.

Answer 2

D

Question 3

Which of the following statements is true about authentication of evidence?

A) Laying a foundation of real evidence requires authentication of the evidence.
B) Authentication involves demonstrating that the evidence is what it claims to be.
C) The burden of authentication lies on the party offering the item of evidence.
D) All of the above are true statements.

Answer 3

D

Question 4

To authenticate evidence:

A) A witness may identify the object
B) A chain of custody may be established
C) The opposing party must prove that the item is not authentic
D) Both a and b

Question 5

The required method for authenticating evidence is:

A) A witness identifies the object
B) A chain of custody is established
C) There is no required way to authenticate evidence
D) None of the above

Question 6

Which of the following statements is true about authenticating crime scene evidence?

A) The burden for establishing authenticity is low.
B) The required method to authenticate evidence requires expert testimony.
C) The question in authentication is "has the offering party proved that the item is authentic?"
D) Both b and c are true.

Question 7

Carly takes the witness stand to testify at the trial of the man accused of murdering her father. While on the stand, Carly is asked to identify a watch, bearing a personal inscription, found in the defendant's possession at the time of his arrest for her father's murder. Which of the following statements is true about Carly's testimony?

A) Carly's testimony will be inadmissible unless she can testify that the watch is the same watch that was taken from the defendant at the time of his arrest.
B) Carly's testimony will be inadmissible to authenticate the watch as being her father's unless the attorney introducing the evidence can establish the chain of custody from the crime scene to the courtroom.
C) Carly's testimony is admissible without establishing a chain of custody because the watch can be authenticated by Carly's testimony due to the watch's distinctive characteristics.
D) None of the above statements are correct.

Question 8

A goal of chain of custody is:

A) To demonstrate the item is the same item seized by the police
B) To demonstrate the item is in substantially the same condition as when it was seized by the police
C) To demonstrate that the testifying witness has relevant, firsthand knowledge of the crime scene
D) All of the above
E) Only a and b

Question 9

An example of an item requiring a demonstration of chain of custody is:

A) Blood samples
B) Narcotics
C) Items of clothing.
D) All of the above
E) Only a and c

Question 10

Which of the following describes a situation when chain of custody must be established by the party seeking to authenticate real evidence?

A) The evidence cannot be readily identified by a witness.
B) The evidence may be easily modified or tampered with.
C) The evidence would be difficult to misplace.
D) All of the above are correct.
E) Only a and b are correct.

Question 11

In the chain of custody, which of the following statements is best represents what occurs under Federal Rule 901(a)?

A) The evidence is inadmissible.
B) The evidence may still be admissible.
C) Any problems with the chain of custody go to the weight of the evidence, not to the admissibility.
D) The evidence can be used for impeachment but not in the offering party's case in chief.
E) Both b and c are correct.

Question 12

Laying the foundation for the introduction of scientific evidence involves three questions. Which one of the following is not one of the three?

A) Was the test scientifically valid?
B) Was the equipment used in the testing accurate?
C) Was the lab certified to conduct the testing?
D) Was the test performed in the required fashion by a qualified analyst?

Question 13

The validity of less well-established tests is established through expert testimony on voir dire and would require all of the following, except:

A) The expert witness possesses the required knowledge, training, and skill to qualify as an expert.
B) The expert witness must establish that the test will be helpful to the jury.
C) The expert witness must testify to the chain of custody of the evidence being tested.
D) The test at issue satisfies either Frye or Dauber, whichever is applicable in the jurisdiction.

Question 14

Which of the following represents a query that would be made when trying to get scientific evidence admitted under Daubert?

A) Has the technique been tested?
B) Has the technique been examined by peer review and published in professional journals?
C) What is the error rate of the methodology?
D) All of the above are correct.

Question 15

The analyst who conducted the scientific testing is required to testify to lay the foundation for the scientific evidence and may be asked to testify about all of the following, except:

A) Payment for conducting the testing
B) His or her training and experience
C) Adherence to established procedures
D) The working order of any equipment used in the testing

Question 16

On cross-examination, the opposing lawyer might:

A) Attempt to establish that while the scientific analyst possessed the necessary training or experience, the analyst failed to follow the required procedures
B) Attempt to show that the equipment that the analyst used was in proper working order, but the analyst lacked training in properly using the equipment.
C) Attempt to establish that laboratory has a high error rate
D) All of the above
E) Only a and c

Question 17

Which of the following statements represents the U.S. Supreme Court's stand regarding providing an indigent defendant with an expert witness?

A) The state must provide the defendant with the basic tools to present an adequate defense, which may include an expert witness.
B) The state must appoint a neutral expert for the defendant.
C) The cost of providing an expert for the defendant cannot exceed $1 million.
D) The defendant must make a preliminary showing that his attorney cannot provide effective assistance without the use of an expert before the defendant is entitled to have an expert appointed to assist in his or her defense.

Question 18

What was the centralized fingerprint file established by the FBI in 1924 formally named?

A) National Fingerprint Identification System
B) National Crime Information Center
C) National Fingerprint Information Center
D) National Crime Identification System

Question 19

Fingerprinting was first accepted as a reliable technique of identification in what year?

A) 1899
B) 1901
C) 1910
D) 1924

Question 20

Fingerprinting was first accepted as a reliable technique of identification by the New York City Civil Service Commission for what purpose?

A) To keep track of persons arrested within their jurisdiction
B) To keep track of persons working as police officers in the city
C) To keep track of applicants seeking employment with the city
D) To keep track of all persons employed by the city

Question 21

Fingerprints are used in the criminal justice system:

A) To establish the identity of detainees
B) To connect an individual to a criminal offense
C) To connect an individual to evidence from the crime scene
D) All of the above

Question 22

Which of the following statement sis true about fingerprints?

A) An individual has a constitutional right to refuse to submit to fingerprinting at booking.
B) Fingerprints are protected by the Fifth Amendment right against self-incrimination.
C) Fingerprints are taken as a regular part of the booking process.
D) All of the above are correct.

Question 23

The foundation for fingerprints found at the crime scene:

A) Is laid by the expert who did the fingerprint comparison
B) Is unnecessary because fingerprinting is a scientifically acceptable practice
C) Is laid by the person who collected the fingerprints at the crime scene
D) None of the above

Question 24

The four basic types of fingerprints are:

A) Exemplar, patent, latent, and plastic
B) Patent, latent, plastic, and control
C) Exemplar, impression, indention, and control
D) Patent, latent, indention, and impression

Question 25

Fingerprint evidence is useful in a criminal case because:

A) Fingerprints remain constant throughout a person's lifetime
B) Fingerprints are easy to collect at a crime scene
C) Fingerprints possess physical characteristics that make them easy to analyze and distinguish from one another
D) Both a and c

Question 26

The typical fingerprint has as many as ____ ridge characteristics.

A) 150
B) 200
C) 350
D) 400

Question 27

The number of ridge patterns required for a fingerprint match is:

A) 8
B) 16
C) 25
D) There is no set number of ridge patterns required for a match.

Question 28

Which of the following statement s is true about blood alcohol levels?

A) In the 1960s, the required blood alcohol level required to be charged with DUBAL was lower than it is now.
B) In the 1960s, the required blood alcohol level required to be charged with DUBAL was higher than it is now.
C) The blood alcohol level currently required to be charged with DUBAL is higher than it was in the 1960s.
D) Both a and c are correct.

Question 29

Which of the following is an acronym for an alcohol related driving offense?

A) DUBAL
B) DWI
C) DUI
D) All of the above are correct.
E) Only a and c are correct.

Question 30

The US Supreme Court has upheld the constitutionality of implied consent laws that provide that individuals who obtain a driver's license implied consent to the administration of ____________ to determine their blood alcohol content.

A) a urine test
B) a blood test
C) a breathalyzer
D) All of the above are correct.

Question 31

The testing for alcohol must follow strict requirements in order to:

A) Guard against contamination of the needle by the alcohol swab
B) Guard against deterioration of the sample taken from the defendant
C) Prevent the intermingling of drug samples
D) All of the above

Question 32

The system most commonly relied on by analysts to categorize human blood is:

A) The Rh system
B) The MN system
C) The ABO system
D) The positive/negative system.

Question 33

The system of blood typing is used in the criminal justice system to:

A) Definitively identify the person who donated the blood to the crime scene
B) Exclude persons who do not have the blood type found at the crime scene
C) To determine of the blood type is the same as that of the suspect
D) All of the above
E) Only b and c

Question 34

Which of the following represents how DNA can be used in a criminal case?

A) DNA can connect a person to a criminal act.
B) DNA can be used to exclude a person as a suspect.
C) DNA can be used to establish a person's guilt or innocence.
D) All of the above are correct.
E) Only a and b are correct.

Question 35

_____________ is used to answer the question: Was this particular bullet fired from this particular firearm?"

A) Gunshot analysis
B) Ballistics analysis
C) Bullet fragment analysis
D) Firearm forensics

Question 36

If a firearm was used to commit a crime, forensics experts may be able to do all of the following, except:

A) Determine the distance between the muzzle of the firearm and the target
B) Rely on class characteristics to identify the firearm used
C) Match the marks on the cartridge case of a bullet to marks in the chamber and breech of a firearm
D) Identify the type of firearm that was used

Question 37

Which of the following statements is true?

A) Federal court opinions have called the reliability of ballistics testing into doubt.
B) Federal courts have consistently recognized the reliability of ballistics testing.
C) The reliability of ballistics testing is uniformly acknowledged by the scientific community.
D) Ballistics is accepted routinely as a matter of scientific certainty.

Question 38

An approach to a polygraph test that compares an individual's truthful responses to simple and straightforward questions with his or her responses to questions relevant to the investigation is commonly known as the _______________ test.

A) innocent-suspicious
B) relevant-irrelevant
C) truthful-deceptive
D) controlled question

Question 39

An approach to a polygraph test that pairs general questions about illegal activity with questions about the criminal event in question is commonly known as the ____________ test.

A) innocent-suspicious
B) relevant-irrelevant
C) truthful-deceptive
D) controlled question

Question 40

Which of the following is true about polygraphs in the 27 states that follow the U.S. Supreme Court's ruling in Frye?

A) The results of a polygraph test are excluded from evidence at the defendant's trial.
B) Offers made by the prosecution to the defendant to take a polygraph test are admissible into evidence at the defendant's trial.
C) The fact that the defendant refused to take a polygraph is admissible into evidence at the defendant's trial.
D) The defendant's response to an offer to take a polygraph is admissible into evidence at the defendant's trial.

Question 41

There is one required method for authenticating evidence.

Question 42

Establishing a chain of custody is always required to authenticate an object.

Question 43

Real evidence may be authenticated by a witness's testimony without establishing a chain of custody if the evidence has distinctive characteristics.

Question 44

One goal of chain of custody is to demonstrate that the item being introduced is the same item seized by the police.

Question 45

Chain of custody must be established when the evidence cannot be readily identified by a witness.

Question 46

Chain of custody must be perfect in order for evidence to be admissible at trial.

Question 47

It is necessary to lay a foundation for the admissibility of all types of scientific evidence.

Question 48

The federal Criminal Justice Act establishes a $1 million cap on expenditures for expert witnesses.

Question 49

Bob is indigent and is represented by a public defender in the death penalty case brought against him. Bob's attorney needs funding to hire an expert witness to help prove Bob's defense of insanity. Following the U.S. Supreme Court position on this issue, the state must appoint and pay for a neutral expert for Bob.

Question 50

Probable cause is required before the fingerprints of someone who has been lawfully arrested can be taken.

Question 51

Tom has been arrested for driving with a blood alcohol content of 0.07. The state Tom was arrested in sets the blood alcohol level at 0.08 in order for a defendant to be charged with driving with an unlawful blood alcohol level. Because Tom's blood alcohol level was below the 0.08 level, Tom cannot be charged with any alcohol related offense.

Question 52

After Gary's arrest, the prosecutor offered the opportunity to take a polygraph test. Gary refused. The prosecutor can introduce Gary's refusal into evidence at Gary's trial.

Question 53

In Frye v. United States, the U.S. Supreme Court held that the results of polygraph tests were admissible if a certified polygraph examiner testified to the accuracy of the results.

Question 54

List the four steps involved in marking evidence.

Question 55

Identify and briefly explain the four basic types of fingerprints.

Question 56

What three questions must be answered by forensic serology for blood found during a criminal investigation?

Question 57

Explain blood typing, and discuss its utility in a criminal investigation.

Question 58

Identify and discuss the two primary approaches to polygraph tests.

Question 59

Explain the four-step process used to mark evidence and why the process is required before an item can be admitted into evidence.

Question 60

Officer Jones arrests defendant Dan. In conducting a search incident to arrest, Officer Jones finds a bag of a green leafy substance, that field tested presumptive for cannabis. Explain the chain of custody that Officer Jones should follow to ensure the chain of custody is unbroken from seizure of the green leafy substance through forensic testing to evidence storage pending trial.

Question 61

Discuss the constitutional concerns regarding the taking of a person's fingerprints and how those issues have been resolved.

Question 62

Discuss the constitutional issues arising from blood alcohol testing being conducted on persons who are pulled over and suspected of driving with an unlawful blood alcohol content.