Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

Exculpatory evidence is defined as evidence favorable to the:

Accepted Answer

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.E) A) and C)
F) A) and B)

Question 3

What are the four different categories of Public Documents?

Accepted Answer

Public documents may be categorized into the following categories: (1)laws; (2)judicial records; (3)official documents such as records,drivers' licenses,marriage applications,and birth certificates; and (4)public records of private writings,such as records of deeds,and mortgages.

Question 4

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

Accepted Answer

A) True 
 B)False  True

Question 5

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).

Accepted Answer

In Banks,in order for a defendant to suc...

Question 6

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

Accepted Answer

A)  The prosecution
B)  The defendant
C)  The judge
D)  The juryE) C) and D)
F) A) and B)

Question 7

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.

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

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?

Accepted Answer

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.E) A) and D)
F) B) and D)

Question 10

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.

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

An exemplified copy is necessary when:

Accepted Answer

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.E) B) and C)
F) A) and B) B

Question 13

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

Accepted Answer

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.E) A) and B)
F) None of the above

Question 14

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

Accepted Answer

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.E) A) and B)
F) All of the above

Question 15

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

Accepted Answer

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.E) A) and B)
F) B) and C)

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

The six situations in which secondary ev...

Question 20

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

Accepted Answer

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 trialE) A) and C)
F) All of the above

Exam 12: Documentary Evidence and the Right of Discovery

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

Correct Answer
verified

Exculpatory evidence is defined as evidence favorable to the:

Correct Answer
verified

What are the four different categories of Public Documents?

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

Correct Answer
verified
True

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).

Correct Answer
verified
In Banks,in order for a defendant to suc...
View Answer

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

Correct Answer
verified

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.

Correct Answer
verified

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

Correct Answer
verified

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?

Correct Answer
verified

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.

Correct Answer
verified

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

Correct Answer
verified

An exemplified copy is necessary when:

Correct Answer
verified
B

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified
The six situations in which secondary ev...
View Answer

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

Correct Answer
verified

Exam 12: Documentary Evidence and the Right of Discovery

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

Correct AnswerverifiedShow Answer

Exculpatory evidence is defined as evidence favorable to the:

Correct AnswerverifiedShow Answer

What are the four different categories of Public Documents?

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

Correct AnswerverifiedTrue

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).

Correct AnswerverifiedIn Banks,in order for a defendant to suc...View AnswerShow Answer

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

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

An exemplified copy is necessary when:

Correct AnswerverifiedB

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedThe six situations in which secondary ev...View AnswerShow Answer

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

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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True

Correct Answer
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In Banks,in order for a defendant to suc...
View Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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B

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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The six situations in which secondary ev...
View Answer

Correct Answer
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