Deck 12: Documentary Evidence and the Right of Discovery

Question 1

The disclosure of an informers identity to the defense is required if the informer was an eyewitness to the crime the defendant is charged with.

Answer 1

True

Question 2

Where there is only one original document and it is produced in court the best evidence rule is satisfied.

Answer 2

True

Question 3

The Fifth Amendment privilege against self-incrimination allows the defendant in a criminal trial to lawfully withhold a document from the prosecution unless such document incriminates the defendant.

Answer 3

False

Question 4

Authentication requires that an expert authenticate the authorship or identification of a document.

Question 5

When a party claims that a document has been destroyed that party may offer secondary evidence as to the contents of that document as long as it can be shown that the document was not destroyed intentionally.

Question 6

The burden is on the prosecution to prove that an informer is a material witness on the issue of the defendant's guilt or innocence.

Question 7

The best evidence rule is strictly applied to inscribed chattels.

Question 8

The best evidence rule only applies when one seeks to prove the contents of a writing recording,or photograph.

Question 9

Evidence that is substituted for an original document is known as primary evidence.

Question 10

The Jencks Act only deals with the right of the defendant to discover statements made by a government witness.

Question 11

Any time a witness testifies as to the contents of a writing,recording or photograph that testimony constitutes secondary evidence.

Question 12

A defendant is entitled to the right of discovery of the evidence that is presented at her preliminary hearing.

Question 13

The best evidence rule requires that the original document must always be presented.

Question 14

A defendant is not required to disclose to the prosecution the defenses of alibi,entrapment,and insanity.

Question 15

The prosecution is obligated to disclose material exculpatory evidence to the defense upon request.

Question 16

Suppression by the prosecution of exculpatory evidence upon request by the defense may result in a mistrial or new trial on appeal only if the suppression was done in bad faith.

Question 17

A party meets the requirement of authentication of a document by laying the foundation for the introduction of the document into evidence.

Question 18

If a document relates to a collateral matter it must be presented into evidence in its original form.

Question 19

The right of discovery is a right afforded to the prosecution in a trial to withhold evidence from the defense.

Question 20

Copies of public records usually satisfy the best evidence rule.

Question 21

When is the disclosure of an informer's identity required?

A)Always
B)Never
C)When the informer is a material witness as to the defendant's guilt or innocence.
D)When the informer is a material witness on a relevant issue at trial.

Question 22

A document's authentication may be established in which of the following ways?

A)Non-expert testimony by a witness with knowledge of the document.
B)Hearsay testimony.
C)Best evidence rule.
D)All documents are self-authenticating.

Question 23

Authentication of a document may be established by which of the following?

A)Expert testimony
B)Hearsay testimony
C)Best evidence rule
D)The jury

Question 24

Documents may be classified as which of the following?

A)Admissible and inadmissible
B)Legitimate and unlawful
C)Public and private
D)Governmental and unofficial

Question 25

Under the Federal Rules of Criminal Procedure,if the prosecution grants discovery of documents,results of physical and mental examinations,or test reports to the defense the defense must "reciprocally" grant discovery of these types of materials in its possession to the prosecution.

Question 26

Rule 16 of the Federal Rules of Criminal Procedure permits the defense upon request,to discover from the prosecution the defendant's prior criminal record.

Question 27

A defendant must always comply with a subpoena ducus tecum and produce the document requested.

Question 28

What type of statements are covered by the Jencks Act?

A)Transcripts of oral statements made by the defendant.
B)Government witness's statements signed or adopted by the witness.
C)Written statements made by the defendant.
D)All statements by witnesses testifying at trial.

Question 29

Under Rule 16 of the Federal Rules of Criminal Procedure a defendant can obtain all of the following types of discovery from the prosecution except:

A)scientific test reports.
B)defendant's prior criminal record.
C)transcripts of oral statements made by the defendant.
D)the questions that the prosecution is planning on asking at trial.

Question 30

What is one defense that the accused may be required to disclose to the prosecution prior to trial?

A)Violation of the 6^th Amendment Right to Counsel.
B)That the accused was provoked and acted in "the heat of the moment."
C)Insanity
D)That the accused has been "framed."

Question 31

Under which of the following circumstances is a defendant not required to comply with a subpoena duces tecum?

A)When he or she doesn't want to.
B)When his or her lawyer tells him or her not to.
C)When it would incriminate him or her to do so.
D)When no mileage fees are offered along with the subpoena.

Question 32

Which type of document is expressly exempted from the operation of the best evidence rule?

A)Private documents
B)Public records
C)Inscribed chattels
D)Photographs

Question 33

Under Rule 16 of the Federal Rules of Criminal Procedure which type of discovery is reciprocal to the prosecution?

A)Scientific Test reports
B)Defendant's prior criminal record
C)Transcripts of oral statements made by the defendant
D)A list of questions that each side is planning on asking at trial

Question 34

Which of the following types of evidence may not be included in the defendant's right of discovery?

A)Scientific reports
B)Evidence presented at defendant's preliminary hearing.
C)Officer's original investigative notes.
D)Photographs of the defendant shown to the victim of a crime for identification purposes.

Question 35

Secondary evidence of the contents of a writing may not be introduced in which situation?

A)When the original writing relates to a collateral matter.
B)When the original writing is in the possession of an adverse party and after a notice to produce,the adverse party fails to do so.
C)When the original writing is in the custody of a public officer.
D)When the original writing has been intentionally destroyed by the party seeking to introduce the secondary evidence.

Question 36

Federal law provides the defense access to witnesses' names and addresses before trial.

Question 37

Which of the following is not an example of a Public Document?

A)Judicial records
B)Answering machine messages
C)Birth certificates
D)Driver's licenses

Question 38

A defendant is always entitled to discovery of an officer's original investigative notes.

Question 39

A document may be entered into evidence after the party introducing the document has satisfied which of the following?

A)The document is authentic.
B)The document's authentication and relevancy to the issues of the case.
C)The document is attributable to the defendant.
D)The document was acquired without violating the defendant's constitutional rights.

Question 40

The Best Evidence rule applies to which of the following types of evidence?

A)Hearsay testimony.
B)Oral statements made by the defendant.
C)Authentic documents.
D)Writings recordings,and photographs.

Question 41

An exemplified copy of an original public record is a:

A)copy to which is attached a statement by the officer having custody of the record certifying that the document is a true copy of the original.
B)copy produced by methods possessing an accuracy that virtually eliminates the possibility of error.
C)certified copy that also contains the certification of the presiding judge of the particular jurisdiction stating that the attestation of the officer having custody of the record is in due form.
D)copy of a public record.

Question 42

What are the six situations in which secondary evidence of the contents of a writing may be introduced?

Question 43

What are the four different categories of Public Documents?

Question 44

The defense may not participate in discovery if the judge determines which of the following?

A)That the defense is simply on a "fishing expedition" in an effort to see what is being held by the prosecution.
B)That the defense failed to make a formal request to participate in discovery.
C)When the defense improperly filed a motion or notice of intent to participate in discovery.
D)The evidence the defense is seeking is irrelevant to the defendant's guilt or innocence.

Question 45

Before secondary evidence may be offered in lieu of the original document,all of the following must be established except:

A)the reason why the secondary evidence is being offered instead of the original.
B)that the secondary evidence is a genuine copy of the original or accurately relates the contents of the original.
C)that the original document did in fact exist.
D)that the evidence is not material.

Question 46

How does a party lay the foundation for the introduction of a writing,recording or photograph into evidence?

Question 47

In cases subsequent to Brady,the Court has stated that a failure by the government to disclose material exculpatory material is a constitutional violation only when:

A)the government deliberately withheld the exculpatory material
B)the defendant previously requested disclosure of the exculpatory material
C)absent the failure to disclose,the result of the trial would be different
D)the government originally generated the exculpatory material

Question 48

An exemplified copy is necessary when:

A)a public record is offered into evidence at trial.
B)a record of conviction of a defendant's previous crime is offered into evidence at trial.
C)authentication of a document is contested by the opposing party.
D)the best evidence rule does not apply to a piece of evidence.

Question 49

What are the defenses that the defendant may be required to disclose to the prosecution prior to trial?

Question 50

The prosecution's discovery rights are not as broad as the defendant's because they are impeded by the:

A)Federal Rules of Criminal Procedure.
B)Jencks Act.
C)defendants 5^th Amendment privilege against self-incrimination and the attorney-client privilege.
D)defendant's right to Due Process and a fair trial.

Question 51

Brady material is defined as material favorable to the:

A)prosecution,tending to establish a defendant's guilt.
B)defense,tending to clear a defendant of alleged guilt.
C)defense,in the possession of the prosecution,which must be disclosed to the defense.
D)defense,in the possession of the prosecution,which may be withheld from the defense.

Question 52

Exculpatory evidence is defined as evidence favorable to the:

A)prosecution,tending to establish a defendant's guilt.
B)defense,tending to clear a defendant of alleged guilt.
C)defense,in the possession of the prosecution,which must be disclosed to the defense.
D)defense,in the possession of the prosecution,which may be withheld from the defense.

Question 53

A law enforcement officer is advised to exercise caution in making the decision to destroy original investigative notes in which of the following situations?

A)All situations,original notes should be made accessible to the defense.
B)When the notes concern surveillance matters.
C)When the notes record defendant or witness statements.
D)When there is no departmental policy mandating the destruction of original notes.

Question 54

What are the three types of discovery the defendant can obtain from the prosecution under Federal Rule of Criminal Procedure 16,and which type is granted reciprocal discovery?

Question 55

What three things must be shown whenever secondary evidence is offered in lieu of the original document?

Question 56

What is the best evidence rule and when does it apply?

Question 57

When is a defendant not required to comply with a subpoena duces tecum and produce documents in his or her possession?

Question 58

If a defendant exercises his or her Fifth Amendment privilege against self-incrimination and lawfully withholds an incriminating document from the prosecution by what means may the prosecution introduce the document into evidence?

A)By issuing a subpoena duces tecum.
B)By use of secondary evidence to prove the contents of the document.
C)By issuing a notice to produce.
D)By no means,the document cannot be introduced at trial.

Question 59

What statements are covered by the Jencks Act?

Question 60

Which party has the burden of proving that an informer is a material witness?

A)The prosecution
B)The defendant
C)The judge
D)The jury

Question 61

What is the range of matters that may be subject to discovery by the defendant?

Question 62

Explain the significance of the Supreme Court decision in Arizona v.Youngblood as it relates to a due process argument in a Brady claim.

Question 63

Explain what must be shown in order for a defendant to succeed on a Brady claim under Banks v.Dretke,540 U.S.668 (2004).