Deck 17: Preparing the Case for Court

Question 1

The investigating officer needs to maintain records so that he/she can locate each piece of evidence in the case when needed.

Answer 1

True

Question 2

Keeping track of witnesses before the trial date is the responsibility of the prosecutor.

Answer 2

False

Question 3

Preservation and storage of the evidence is the responsibility of the prosecutor assigned to the case.

Answer 3

False

Question 4

The prosecutor's office normally handles preparing subpoenas and serving them.

Question 5

Prosecutors routinely file cases as long as they can verify that there was probable cause for the arrest.

Question 6

Between the arraignment and trial, the detectives should not contact the defendant directly.

Question 7

Officers should answer questions as rapidly as possible so the jury will be impressed with their knowledge of the case.

Question 8

Only uncooperative witnesses need to be subpoenaed.

Question 9

An officer should show his/her true feelings toward the defendant during trial.

Question 10

The police should advise the prosecutor of all of the facts known to them that might affect the credibility of a witness.

Question 11

The police are allowed to help eyewitnesses refresh their memory prior to trial.

Question 12

The facts are all that is considered when a jury makes a decision on the case.

Question 13

The police can make a valid arrest on ample probable cause and still not have sufficient evidence to convict the suspect.

Question 14

Officers should be as precise as possible while testifying even if this means using technical language.

Question 15

Officers should not talk to jurors outside the courtroom.

Question 16

Police officers should always appear in court in conservative business suits.

Question 17

The prosecutor must be ready to impeach defense witnesses but only needs to prepare for the direct examination of his/her own witnesses.

Question 18

The police should double check to make sure they have evidence to prove every element of the crime before taking the case to the prosecutor.

Question 19

The police should evaluate the evidence and only present the most favorable facts to the prosecutor.

Question 20

The police should routinely ask the prosecutor to file criminal charges for every arrest they make.

Question 21

If an item of evidence is not in the courtroom when a witness is testifying about it:

A)the judge is required to grant a recess so the attorney can bring it to the courtroom.
B)the attorney can be held in contempt of court for failing to bring the evidence at the time it is needed.
C)the witness will not be allowed to testify about the evidence.
D)the judge may rule that the item may not be admitted into evidence.

Question 22

Police should interview witnesses a few days before the date they are scheduled to testify at trial:

A)Never
B)Only with the defense attorney present
C)May help them refresh memory
D)Should explain to the witness what testimony is needed

Question 23

The police officer in charge of the case should:

A)develop a method to keep track of all the evidence in the case.
B)rely on the prosecutor to keep track the evidence in the case.
C)use a database maintained by the lab that conducts tests on the evidence.
D)rely on each witness to keep track of evidence he/she will need in court.

Question 24

A document made by the witness is admissible under the Past Recollection Recorded Exception to the Hearsay Rule if:

A)the person who prepared the document is unavailable to testify at trial.
B)the person who prepared the document has died.
C)the person who prepared the document testifies that he/she has insufficient present recollection to testify accurately about the incident.
D)the person who prepared the document testifies that the document is accurate and he/she clearly remembers all of the details of the event.

Question 25

The prosecutor should be told about which tests the police lab conducted on the evidence

A)All test results should be provided regardless of results.
B)Conclusive test results should be given but it is not necessary to provide inconclusive results.
C)Only positive test results should be provided.
D)All evidence should be tested independently by the prosecutor's lab.

Question 26

Who is usually responsible for serving the subpoenas for the prosecution in a criminal case

A)Police
B)Prosecution
C)Courts
D)Independent firm

Question 27

If approached by a juror in the courthouse, a police officer should:

A)answer all questions truthfully and in detail.
B)refuse to talk to the juror and leave immediately.
C)explain that officers are not allowed to discuss the case with jurors.
D)file a police report about the incident.

Question 28

The officer who takes the case to the prosecutor should be prepared to:

A)state the evidence that supports each element of the crime.
B)discuss any weaknesses in the case.
C)discuss the suspect's criminal history in detail.
D)He/she should be able to discuss all of these.

Question 29

Failing to tell the prosecutor about tests performed on the murder weapon that came out negative:

A)will cause a problem because the prosecutor will think the case is stronger than it really is.
B)will cause a problem because the prosecutor will fail to disclose information during discovery that the defendant has a constitutional right to know.
C)may give the defense an edge during cross-examination.
D)All of these problems may result

Question 30

If the police want to talk to the defendant between the arraignment and the trial they:

A)may question the defendant as long as it is not done at the police station.
B)must have the prosecutor present during any contact with the defendant.
C)must call the defense attorney and arrange for a meeting with the defendant.
D)should contact the prosecutor and ask the prosecutor to contact the defense attorney.

Question 31

The police should release information about the case to the media:

A)All facts of the case should be provided upon request
B)Facts should be stated accurately without making inflammatory statements
C)All facts of the case should be released except evidence that court has ruled is inadmissible
D)Police should not give information to the media

Question 32

If a police officer displays hostility toward the defendant while testifying, the officer may be impeached for:

A)unprofessional conduct.
B)bias, motive or prejudice.
C)prior inconsistent statements.
D)Officers cannot be impeached unless they lie under oath.

Question 33

The normal process for subpoenaing a local witness is:

A)Police prepare subpoena, judge signs it, subpoena is served on the witness
B)Attorney prepares subpoena, judge signs it, subpoena is served on the witness
C)Attorney prepares subpoena, attorney signs it, subpoena is served on the witness
D)Judge prepares subpoena and signs it, subpoena is served on the witness

Question 34

Who is usually responsible for preserving the physical evidence until trial

A)Police
B)Prosecution
C)Courts
D)Independent firm

Question 35

When presenting a case to the prosecutor, a police officer should discuss the witnesses:

A)and report their statements in the best possible light.
B)give the prosecutor copies of their statements and make no comments.
C)tell the prosecutor both the strengths and weaknesses of each witness.
D)tell the prosecutor only his/her personal opinions about the witnesses.

Question 36

Which of the following should the prosecutor explore as ways to impeach witnesses

A)Prior inconsistent statements
B)Prior arrests and convictions
C)Eyesight and hearing
D)All of these should be explored

Question 37

A subpoena is:

A)a document ordering a person to appear at the police station for questioning.
B)a document ordering a person to appear in court and testify.
C)a document ordering the arrest of a person the prosecution believes will flee the jurisdiction to avoid testifying at trial.
D)a document granting a person immunity if he/she testifies at trial.

Question 38

The "chain of custody" for the gun that was the murder weapon includes:

A)where the gun was purchased.
B)where the police found the gun.
C)who owns the gun.
D)All of these are part of the "chain of custody"

Question 39

When deciding what charges to file, the prosecutor is concerned with:

A)whether there was probable cause to justify the arrest.
B)whether the case can be won at trial.
C)whether the defendant should be released on bail.
D)All of these are considered by the Prosecutor.

Question 40

The level of proof required in order to convict is:

A)Probable cause
B)Preponderance of the evidence
C)Beyond a reasonable doubt
D)Clear and convincing evidence

Question 41

What would influence Erin to file a lesser charge than extortion

A)There is no proof that Carl was having an affair with Bonnie.
B)The only eye witness was intoxicated.
C)The checks were on a payroll account of the company where Bonnie was employed.
D)All of these factors would be considered.

Question 42

How much evidence should Officer Anderson give to Erin

A)All the evidence that he has about the case.
B)Enough evidence to establish probable cause for Bonnie's arrest.
C)Only evidence that will help Erin make a strong case.
D)Only the evidence that Erin specifically requests.

Question 43

Detective Gage want to make sure Lauren is ready to testify at trial.Detective Gage should:

A)Give Lauren copies of all of the police reports and tell her to study them carefully.
B)Go through several mock trial sessions with Lauren and do flash card drills on the key facts.
C)Help Lauren refresh her memory but avoid coaching her on what to say.
D)Notify Lauren that the prosecutor wants her to testify but Officer Gage should not discuss the case with her.

Question 44

How should Lauren be notified about the court appearance

A)Ian should call Lauren and tell her when to appear in court.
B)Ian should prepare a subpoena and have the court clerk sign it.
C)Ian should fill out a subpoena and sign it.
D)Ian should prepare a subpoena for the judge to sign.

Question 45

The judge called a recess after Officer Sanders testified.Ursula, a juror who was standing outside the courthouse smoking a cigarette, stopped Officer Sanders as she walked toward the parking lot.Ursula asked her, "I was listening to what you said, but I don't think they asked the right questions.Do you think he is guilty" What should Officer Sanders say

A)"Yes, but the prosecutor is never allowed to ask that question."
B)"I'm sorry, but officers are not allowed to talk to jurors during a trial."
C)"I'm so glad you asked.Let me give you all the facts."
D)Officer Sanders should walk as fast as she can to get away from Ursula and not say anything.

Question 46

Explain what an officer should do to prepare for presenting the case to the prosecutor.

Question 47

Discuss what is appropriate dress and demeanor for officers who go to court to testify about cases they investigated.

Question 48

Explain the proper way officers should interact with jurors at the courthouse.

Question 49

Discuss how a police department should deal with reporters.

Question 50

What should Officer Sanders do if the defense attorney asks her misleading questions

A)She should refuse to answer the questions.
B)She should demand that the judge make the defense attorney stop.
C)She should pause and give the prosecutor time to make an objection to the question.
D)She should reply in the same aggressive tone of voice used by the defense attorney.

Question 51

While walking from the parking lot to the courthouse Thomas, a reporter, stopped Officer Sanders.With his microphone in her face and his camera crew filming the interview, Thomas said "Isn't it true that you found a huge quantity of cocaine in the defendant's car but the judge threw it out and imposed a gag order" What should Officer Sanders say

A)"OK, I will tell you all about it if you promise not to broadcast this until after the verdict."
B)"Yes.The prosecutor is not allowed to talk about it, but I can tell you that I found a kilo of cocaine in his car."
C)"No.That never happened.I don't know where you got that information."
D)"I'm sorry, but I cannot talk to you about the case because of the gag order."

Question 52

What steps should be taken to subpoena Kevin, the out-of-state witness

A)Ian should prepare a subpoena and sign it.
B)Judge in courthouse where trial will be held must approve the subpoena.
C)Judge in state where Kevin lives must approve the subpoena.
D)All of these steps are required for an out-of-state witness.

Question 53

What will Erin consider when deciding if she should file extortion charges against Bonnie

A)Amount of money Bonnie received from Carl
B)Threats Bonnie made to Carl
C)Documentary evidence that supports Carl's claims
D)All of these factors would be considered

Question 54

Explain the investigating officer's duties regarding trial witnesses.

Question 55

Erin told Officer Anderson to obtain copies of the checks that Carl wrote.Officer Anderson should:

A)Go to the bank and ask for copies of Carl's checks.
B)Prepare a subpoena for the checks.
C)Have Erin prepare a subpoena duces tecum for the checks.
D)Call Carl and ask him to get the checks.