Deck 9: Physical Evidence

Question 1

Impeachment is a form of attacking the credibility of a witness in order to convince the jury that the testimony given is not truthful or that the witness is unreliable.

Answer 1

True

Question 2

At common law, a party calling a witness could attack the credibility of that witness.

Answer 2

False

Question 3

Impeachment by bias is not specifically listed in many of the state rules or the federal rules of evidence. It is not permissible in most states or in the federal courts. Some states have codified this.

Answer 3

False

Question 4

One of the two primary methods for impeachment covered by both common law and modern rules is by evidence of character.

Question 5

Specific instances of conduct may be used to impeach a witness, but only under limiting conditions.

Question 6

For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted if elicited from the witness or established by public record during examination of the witness.

Question 7

Evidence of a juvenile adjudication is generally admissible for admitting evidence of a conviction.

Question 8

A felony is a crime punishable by death or imprisonment in excess of 30 days.

Question 9

In an impeachment by evidence of conviction of crime, evidence of the pendency of an appeal is admissible.

Question 10

If the witness has been convicted of a crime that involved dishonest or false statement, the rules say that it can be admitted regardless of the punishment.

Question 11

If a defendant in a criminal action chooses not to become a witness as an exercise of his constitutional right to remain silent, the prosecutor cannot subsequently comment on the failure of the defendant to take the stand in his own behalf. This is called:

A) No Comment Rule
B) Confrontation Clause
C) Waiver Rule
D) Voucher Rule

Question 12

Although a few jurisdictions differ, most state rules and the federal rules have set a time limit of for admitting any evidence of convictions.

A) 1 year
B) 5 years
C) 10 years
D) 20 years

Question 13

At common law, a party calling a witness could not attack the credibility of his own witness. This was called the:

A) No Comment Rule
B) Confrontation Clause
C) Waiver Rule
D) Voucher Rule

Question 14

This landmark Supreme Court case held that the prosecution may use a statement made by the defendant and deemed inadmissible as prosecution evidence - - to impeach the defendant's credibility after the defendant testifies in his own defense.

A) United States v. Abel
B) Michelson v. United States
C) Harris v. New York
D) Ohler v. United States

Question 15

This Supreme Court decision noted that " . . . The price a defendant must pay for attempting to prove his good name is to throw open the entire subject which the law has kept closed for his benefit and to make himself vulnerable where the law otherwise shields him."

A) United States v. Abel
B) Michelson v. United States
C) Harris v. New York
D) Ohler v. United States

Question 16

Evidence used to support or fortify a case or witness is called:

A) Bolstering evidence
B) Impeachment
C) Character evidence
D) Voucher evidence

Question 17

In this case, the Supreme Court case allowed bias as a permissible and established basis of impeachment under the Federal Rules of Evidence:

A) United States v. Abel
B) Michelson v. United States
C) Harris v. New York
D) Ohler v. United States

Question 18

In this case, the Court held that a defendant who preemptively introduces evidence of a prior conviction on direct examination may not on appeal claim that the admission of such evidence was error.

A) United States v. Abel
B) Michelson v. United States
C) Harris v. New York
D) Ohler v. United States

Question 19

Official forgiveness or exemption from penalties or punishment of criminal conviction, usually given by governor or president is called:

A) Voucher rule
B) Expiation
C) Exculpation
D) Pardon

Question 20

In a criminal trial, a defendant may appear as a witness in her own behalf or that defendant may choose to exercise her constitutional right to remain silent, under which Amendment?

A) 1^st Amendment
B) 4^th Amendment
C) 5^th Amendment
D) 6^th Amendment