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Criminal Evidence Principles and Cases 9th Edition by Thomas J. Gardner – Test Bank
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| Chapter 02
True / False |
1. The United States was the first country in the world to utilize a federal form of government.
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2. The U.S. Constitution is the supreme law of the land.
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3. The U.S. Constitution provides that state judges are not bound by the U.S. Constitution, but by their state constitution.
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4. The Federal Rules of Evidence must be followed in all state trials.
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5. The American system of justice is basically an adversary system.
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6. In the adversary system, each side seeks to present evidence that is most favorable to its position.
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7. Non-relevant evidence is generally admissible.
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8. “Competent evidence” is a catch-all term that included reliable and relevant evidence that is not rendered inadmissible by some other rule.
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9. Most countries other than the U.S. utilize an inquisitorial system of justice.
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10. In an adversary system of justice, each side generally conducts separate investigations and generally does not share advance information with the other side.
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11. In our adversary system, the prosecution has no obligation to reveal any evidence to the defense.
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12. No state in the United States ever requires that the defendant reveal information or possible defenses to the prosecution.
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13. Any time the prosecution loses, displaces, or destroys important evidence in a criminal case, it is automatically a violation of due process.
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14. The Brady rule requires that the defense disclose clearly exculpatory evidence to the prosecution.
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15. If the prosecution deliberately uses false evidence or perjured testimony to obtain a conviction, the defendant will get a new trial.
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16. The American criminal justice system is both accusatorial and adversarial in nature.
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17. In the United States, defendants are never required to reveal anything about their case to the prosecution.
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18. A conviction obtained by the knowing use of false evidence or testimony violates due process and will be reversed.
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19. All jurisdictions in the U.S. utilize the Federal Rules of Evidence.
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20. If the defense loses or misplaces evidence important to the prosecution, it is a violation of due process.
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| Multiple Choice |
21. The concept of federalism means that government power is shared between _____.
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22. In 1975, Congress enacted the _____, which had great influence on state rules of evidence.
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23. Most crimes committed in the U.S. are _____.
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24. In our adversary system of justice, the defense and prosecution _____.
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25. Competent evidence is reliable, relevant evidence that _____.
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26. In the American _____ system of criminal prosecution, the government must prove its case by evidence freely and independently secured and may not coerce the defendant to provide evidence.
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27. Under the _____ rule, the prosecution must disclose exculpatory evidence to the defense.
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28. If the prosecution destroys evidence important to the defense, this violates a defendant’s rights only if the prosecution acted _____.
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29. The Constitution allows, and certain states require, that defendants _____.
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30. Unlike the United States, most European democracies _____.
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31. Reliable evidence is defined as evidence that is likely to be _____.
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32. Evidence is not relevant (irrelevant) if it is _____.
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33. If reliable, relevant evidence is otherwise excludable (e.g. it is privileged or was obtained in violation of the Constitution), such evidence is said to be _____.
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34. To validly enact federal statutes, Congress must be acting within _____.
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35. The states and federal government _____.
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36. The Tenth Amendment to the U.S. Constitution states that powers not delegated to the United States are _____.
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37. The keystone of American federalism is the _____.
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38. The Federal Rules of Evidence and most state rules of evidence apply in _____ trials.
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39. Federal law enforcement agencies are created by _____ to enforce specific federal laws.
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40. The main actors at the trial are the judge, the _____, the prosecutor, and the defense attorney.
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| Case 2.1
Dave is pulled over for a motor vehicle violation in his local town in upstate New York. During the course of the motor vehicle stop the officer determines that Dave had relocated in to town from New Jersey six months prior to the stop. Although Dave has a valid New York state license his driving privileges in New Jersey are suspended and he has numerous outstanding motor vehicle warrants. Further inquiry reveals that Dave is a registered violent sexual offender in New Jersey with an extensive criminal history. A check of the local department data base reveals that Dave has not registered as a sexual offender with the local town or state since relocating to New York. |
41. In the above scenario would Dave be required to register as sexual offender in New York for a previous conviction in New Jersey?
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42. Which Constitutional Amendment would Dave use to challenge the charge of failing to register as a sexual offender in New York?
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43. What would be the constitutional basis to uphold federal charges brought against Dave under SORNA?
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44. Dave is charged under SORNA in New York and is being tried in the federal courts. Which rules of evidence would apply to his trial?
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| Case 2.2
New Jersey State Police incept a truck load of marijuana at during a truck enforcement detail. The truck operator, Bill Smith is arrested. The ensuing investigation reveals that the shipment originated form a legal marijuana dispensary in Denver, Colorado, owned by Mick Stoner. As a result of joint investigation involving the New Jersey State Police and the DEA, Mick Stoner was arrested at his Denver dispensary by DEA agents and charged with the manufacture and distribution of a controlled or dangerous substance. |
45. Which agency would charge Mick Stoner?
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46. Which Court System would have jurisdiction for Mick Stoner’s criminal trial?
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47. At trial, Mick Stoner’s defense attorney challenges the _____ of the evidence, claiming that the initial search of the truck was in violation of the Fourth Amendment.
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| Case 2.3
Police respond to the scene of shooting outside a local bar. The scene is chaotic with ambulance personnel attending to a nonresponsive shooting victim. In the course of rendering aid to the victim, the victim and the victim’s clothing were removed from the scene. The victim’s clothing and personal effects are collected by an emergency room nurse at the hospital. The investigating officer responds to the hospital and takes custody of the victim’s personal effects. A suspect is identified and charged with the murder of the victim. At trial, it is determined that some of the victim’s personal effects of evidentiary value were misplaced by hospital personnel. During the trial the prosecution uses a cell mate of the defendant as a witness. Under oath the witness claims that the defendant admitted to murdering the victim. |
48. At trial, the defense attorney claims that the prosecution failed to turn over exculpatory evidence thereby violating the _____.
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49. Which constitutional rights could the defense attorney cite with regard to violations of due process, if it is later discovered that the witness had lied to get a deal of charges he was currently facing?
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50. What might the defense attorney challenge regarding the admissibility of the witness testimony presented in this case?
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| Completion |
51. The system in which power is shared between state and federal governments is called _____.
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52. The U.S. _____ is the supreme law of the land.
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53. In a(n) _____ system of justice, a trial is a battle between two opponents.
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54. _____ evidence is that which possesses a significant degree of believability.
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55. Relevant, reliable evidence may be inadmissible if it is _____.
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56. The American system of criminal justice is an adversarial one, not a(n) _____ one like many European democracies have.
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57. Under the _____ rule, the prosecution must disclose to the accused any evidence which is favorable to the accused.
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58. If evidence potentially favorable to the accused is lost, destroyed, or misplaced, it is a violation of due process only if the government acted in _____.
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59. At a trial, the _____ solves questions of law.
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60. At a jury trial, the _____ determines the facts of the case.
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61. The legal and ethical obligation of the prosecutor is to seek _____.
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62. If the judge or jury is not allowed to see or hear the evidence, the evidence is said to be ____________.
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63. The scope of federal criminal jurisdiction under the _____ Clause is a contentious issue.
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64. In the adversarial system, evidence that a third party committed the crime is likely to be challenged by the _____.
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65. Most state statutes require only that the person seeking a civil commitment have a _____ the person to be committed is potentially dangerous.
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| Essay |
66. Define and describe an adversary system of justice. What role do the rules of evidence play in such a system? Be sure to provide examples.
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67. What is the Brady rule? Provide an example of a violation of this rule. What are the consequences of a violation of the Brady rule?
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68. The jurisdiction of the federal government in interstate commerce issues is often challenged. Use Gonzales v. Rich as a foundation for your discussion. Discuss the situations in which you believe the federal government should become involved. Do you agree with the Gonzales decision? Why or why not?
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69. Delineate and discuss the duties of law enforcement agencies at the local, state and federal levels.
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70. Why are some states’ rules of evidence different from the federal rules of evidence?
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71. What is the main function of a jury? Why is this duty imposed on the jury?
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72. What is an alibi defense, and if used by a defendant, what rules of evidence must be followed?
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73. In terms of lost, misplaced, or destroyed evidence, the Supreme Court has held that a violation of due process has not occurred unless the following is shown:
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| Chapter 04
True / False |
1. Evidence is derived from proof.
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2. Due process requires that criminal guilt be proven by the government beyond a reasonable doubt.
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3. The U.S. Supreme Court has held that trial judges must give juries a strict definition of proof beyond a reasonable doubt.
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4. Direct evidence is evidence that proves a fact in issue by the use of inferences.
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5. A conviction cannot be valid if it is based solely on circumstantial evidence.
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6. A full confession about the crime would be an example of direct evidence.
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7. Evidence that the defendant was seen running from the scene of the crime shortly after the crime occurred could be circumstantial evidence of guilt.
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8. Direct evidence is generally more powerful and convincing than circumstantial evidence.
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9. In the absence of a confession or admission, intent must usually be proven by circumstantial evidence.
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10. In some circumstances, presumptions can interfere with the defendant’s right to have the jury decide the facts of the case.
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11. The pedophile exception to Rule 404 requires only that the two offenses involved similar sexual conduct, and that in both cases the defendant had a family or intimate friend. relationship with the victim.
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12. If a defendant does not testify at trial, the jury may validly use this as circumstantial evidence of guilt.
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13. Rape shield statutes can prevent the introduction of circumstantial evidence about the victim.
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14. Motive is an element of most crimes.
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15. Evidence of prior similar crimes or bad acts is never admissible against a criminal defendant.
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16. Attempting to use evidence that the defendant contacted a lawyer after being charged with a crime is generally not admissible against the defendant.
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17. The corpus delicti rule requires that circumstantial evidence be corroborated by direct evidence.
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18. The term res ipsa loquitur means “the thing speaks for itself.”
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19. The corpus delicti may be validly proven solely by circumstantial evidence.
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20. The prosecution can overcome the presumption of innocence only by proving guilty beyond a reasonable doubt.
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| Multiple Choice |
21. Proof is demonstrated by _____.
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22. Evidence consists of the materials presented to the trier of fact _____.
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23. The prosecution has to prove the defendant’s guilt _____.
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24. The burden of proof is actually two burdens: the burden of _____ and the burden of _____.
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25. Circumstantial evidence is evidence that proves a fact in issue _____.
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26. Direct evidence is evidence that proves a fact _____.
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27. In Holland v. U.S. (1954), the U.S. Supreme Court upheld an income tax evasion conviction on the basis of circumstantial evidence in the form of _____.
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28. Circumstantial evidence frequently takes the form of showing that the defendant had means, opportunity, and _____.
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29. Evidence of flight from the scene of a crime is _____.
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30. In court, information that the defendant has committed similar crimes in the past _____.
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31. If a defendant does not testify at his or her criminal trial, the judge or jury _____.
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32. A defendant is found in possession of a very large quantity of illegal drugs. It is permissible to draw the inference that the possession was _____.
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33. McCormick on Evidence states that _____ “is the slipperiest member of the family of legal terms” because it is used in so many different ways.
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34. Inferences are reasonable conclusions that judges or juries _____.
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35. Sandstrom v. Montana States that mandatory or irrebuttable _____ are unconstitutional in criminal prosecutions.
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36. _____ are reasonable conclusions that fact finders (juries or judges) may draw from the evidence presented to them.
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37. _________ is ordinarily defined as the means of establishing and proving the truth or untruth of any fact that is alleged.
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38. The burden of _____ requires the party with the burden on a factual issue to introduce sufficient relevant evidence to prove the fact at issue.
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39. The burden of _____ requires the party with the burden to introduce sufficient relevant evidence to convince the fact finder that a fact exists.
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40. Every essential element of the crime charged must be proved by the government beyond reasonable _____ in order to convict and punish a defendant for the crime charged.
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| Case 4.1
While shoplifting five laptops from an electronics store in the mall, the actors Jack and Diane are confronted by the store manager. Jack brutally assaults the store manager as Diane looks on. They leave the manager unconscious on the floor of the store. Passing shoppers alert mall security, who chase the two into the mall parking lot. Police are notified and arrive as Jack and Diane flee the scene in a small red pickup truck and stop the vehicle. Mall security provides physical and clothing description of the two suspects and the pickup truck. Police pursue the pickup through several residential streets. During the pursuit several items appearing to laptops are thrown from the passenger window of the truck. The locations are reported via radio for other units to collect the evidence. The fleeing pickup blows several red lights causing minor accidents. The pursuing police units temporarily lose sight of the pickup. Within minutes, however, the pickup is found in an alleyway, crashed into a retaining wall behind 427 Oak Street. The pickup is unoccupied with the keys still in the ignition. The license plates on the vehicle are stolen. Found in the pickup is one laptop, a blood covered sleeve of a shirt. Also found in the pickup is old mail addressed to a Jack Bowers of 123 Elm Street which is approximately 1 mile away. While patrol searches for the suspects, detectives respond to the Bower residence and find no one home. They speak with the building manager who reports seeing Mr. Bower and his girlfriend drive off earlier in the day. The manager reports that Mr. Bower owns a small red pickup. The detectives notice surveillance cameras on the apartment complex and ask the manager to view and copy the video from that day. Caught on video are Brower and girlfriend apparently changing the license plates on the pickup and leaving in the truck 30 minutes prior to the incident at the mall. The vehicle identification number on the pickup is registered to Jack Bower with different license plates. Jack and Diane are located by patrol three blocks from the pickup hiding behind two dumpsters. Jack’s shirt is torn and bloody. He has bruises and blood on his hands. Both Jack and Diane claim that they were carjacked two hours prior and had been walking toward the police station. The two are arrested. A search incident to arrest under covers 3 packets of heroin, a hypodermic needle and cell phone in Jack’s pockets and a large, aluminum-lined handbag (commonly known as a boosting bag) with several boxed cell phones and two bags of heroin in Diane’s possession. Detectives respond to the hospital where the store manager is being treated for serious injuries to his head and body. It is reported that the manager has a skull fracture, damage to his eye socket, and a broken jaw. The injuries are photographed and documented. Detectives also retrieve surveillance video from the store and from the mall for evidence. The two suspects are charged with robbery, eluding, destruction of evidence, possession of controlled dangerous substance, and possession of drug paraphernalia, and possession of burglary tools. |
41. At trial, the defense objects to the introduction of photographs of the store manager’s injuries supported by the attending doctor’s verification of the accuracy of the photographs. What response does the prosecutor have to this objection?
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42. The heroin found subsequent to the arrest of Jack and Diane would be considered _____ evidence.
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43. The video of Jack and Diane changing the license plates and leaving in the pickup along with the mall video of the two arriving and subsequently fleeing in the same truck would be considered _____ evidence.
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44. What amount of proof required for a finding or verdict of guilt in the criminal trial against Jack and Diane?
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| Case 4.2
An undercover security officer at chain supermarket located in New Jersey watches a suspicious male circling the liquor aisles with an empty shopping cart. The man waits for other patrons to leave the area and places four bottles of vodka inside his jacket. He then moves toward the exit. As he does so, he observes security at the door. He then picks up a bag of potatoes and proceeds to the cashier lanes. He pays for the potatoes and attempts to leave the store where he is stopped by security. Security confronts the man about the shoplifting and he begins to cause a scene. Police arrive on scene and the security officer advises them that the suspect had been observed concealing four bottles of vodka inside his jacket and was leaving the store without paying for them. The suspect responds by saying that he simply forgot about the vodka in his jacket. He produces the four bottles from his jacket. The security officer advises police that the entire event was captured on their surveillance systems. The officers ask the suspect for identification and he presents an out of state driver’s license which appears to the officers to be altered. The police arrest the suspect and take possession of identification and the four bottles of vodka. The suspect, who has identified himself as Mark Smith, shouts that the arrest is unlawful. The security officer goes to the police station to provide a statement and a copy of the surveillance video. Once at headquarters, the police are able to confirm that the identification was fraudulent and the suspect’s true identity was David Gray and that Mr. Gray had numerous outstanding warrants for similar charges throughout the state. While inventorying Mr. Gray’s personal property, it was determined that he had only twenty dollars in cash and no credit cards, thereby having no means to have paid for the vodka, valued at eighty dollars a bottle. Additionally the suspect’s jacket had several concealed interior pockets sewn into the lining. |
45. At trial, the defendant argued that the arrest was unlawful as he never left the store with the bottles of vodka. He claimed he had merely forgotten that he had the bottles and had intended to pay for them. What evidence might be used to infer his intent to steal the vodka?
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46. In this case what type of evidence would the security officer’s testimony be considered?
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47. During the trial the police officer testifies that the defendant knew he was guilty because he remained silent and refused to respond to Miranda warnings or standard booking questions after he was arrested. The defense attorney objects to the introduction of the defendant’s previous silence based on _____.
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| Case 4.3
Police respond to the scene of an apparent arson incident which involved a vacant commercial office building. The fire was discovered by a passing patrol unit shortly after it had started. The initial officers on scene found all exterior doors looked and entry was forced to check for potential victims. Fire officials report signs and evidence of accelerants near each stairwell. Additionally they find an empty kerosene can outside the structure in the bushes by the property line. A premises history reveals that the property has been vacant for almost a year and has been for sale twice as long. Town records show several denied zoning and building adjustment applications over the past two years. There are numerous property maintenance violations for the property as well. Detectives following up on the case find property owner Slim Shady uncooperative. He claims he knows nothing about the fire and that he was at home the entire night. Background investigations reveal that Mr. Shady also operates Shady Paint and Flooring Service. He owns a working van with the markings “Shady Paint and Flooring.” Detectives also discover that Mr. Shady increased his insurance of the incident property six months prior to the fire. |
48. As there are no eyewitnesses to the crime, detectives focus on identifying means, motive, and opportunity. If the case goes to trial, what must be shown for it to go to the determination of guilt?
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49. Detectives run Mr. Shady and his vehicle through shared law enforcement data bases and discover that Mr. Shady was pulled over for speeding two towns away 20 minutes prior to the discovery of the fire. Detectives also retrieve surveillance videos from several gas stations and banks between the fire scene and his home. From these videos and time stamps detectives trace Mr. Shady and his vehicle to and from the crime scene before and immediately after the fire. At trial, this information would be considered?
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| Completion |
50. Presenting _____ is the means of proving the existence or non-existence of a disputed fact.
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51. _____ is the result of evidence.
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52. The prosecution must prove the defendant’s guilt beyond a(n) _____.
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53. _____ evidence is evidence that indirectly proves a fact at issue.
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54. Means, opportunity, and _____ are frequently used as circumstantial evidence of guilt.
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55. Inferences of guilt cannot be drawn from the fact that the defendant exercises the _____ Amendment privilege against self-incrimination.
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56. _____ laws were designed to protect victims at sexual assault trials.
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57. A defendant who possesses large quantities of illegal drugs may, by inference, be convicted of possession with intent to _____.
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58. In the case In Re _____, the U.S. Supreme Court held that due process required proof of guilt beyond a reasonable doubt.
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59. Circumstantial evidence requires that the fact finder draw _____.
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60. Fingerprint and shoe print evidence are generally examples of _____ evidence.
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61. The _____ clause of the Constitution requires that guilt be proven beyond a reasonable doubt.
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62. Congress has passed laws making it a crime to receive or possess _____ pornography from the Internet.
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63. The phrase _________________ refers to the requirement that the government must prove that the crime charged has been committed.
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64. An inference of _____should not be drawn when a defendant or suspect asserts the Fifth Amendment privilege against self-incrimination. nation of guilt?
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| Essay |
65. Discuss, describe, compare, and contrast direct and circumstantial evidence. Be sure to give examples of each.
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66. Describe three inferences that are permitted under the law of evidence. What fact is each of these inferences attempting to establish?
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67. Describe three inferences that judges and juries are not allowed to draw in criminal trials. What are the reasons these are not permitted?
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68. Discuss U.S. v. Williams’ PROTECT ACT section as it relates to child pornography and the internet. Does this provide enough protection? Why or why not?
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69. Discuss corpus delicti in relation to circumstantial evidence.
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70. Discuss the sufficiency-of-evidence requirement in relation to a guilty verdict.
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71. Differentiate a presumption from an inference.
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72. When eyewitness evidence is not available, it has often been stated that investigators and officers should ask, as guidelines in investigating crimes, these three questions in guiding their investigation; and secondly, why are those three key words critical to the findings of facts?
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