Test Bank all Chapter

Criminal Evidence Principles and Cases, 9e Thomas Gardner, Terry Anderson

(Test Bank all Chapter)

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Chapter 1

True / False

• After conquering England in 1066, the Norman invaders instituted trial by ordeal.
• True
• False

ANSWER: False

REFERENCES: History of the Rules of Evidence

LEARNING OBJECTIVES: CEPC.GARD.16.1.1

CEPC.GARD.16.1.2

• One of the purposes of the rules of evidence is to help assure that defendants get a fair trial.
• True
• False

ANSWER: True

REFERENCES: History of the Rules of Evidence

LEARNING OBJECTIVES: CEPC.GARD.16.1.1

CEPC.GARD.16.1.2

• A presentment jury is the same as a trial or petit jury.

• True
• False

ANSWER: False

REFERENCES: History of the Rules of Evidence

LEARNING OBJECTIVES: CEPC.GARD.16.1.1

CEPC.GARD.16.1.3

• Habeas corpus was established under the Magna Carta.
• True
• False

ANSWER: False

REFERENCES: Magna Carta and Habeas Corpus

LEARNING OBJECTIVES: CEPC.GARD.16.1.2

CEPC.GARD.16.1.4

• The right of habeas corpus is protected by the U.S. Constitution.
• True
• False

ANSWER: True

REFERENCES: Magna Carta and Habeas Corpus

LEARNING OBJECTIVES: CEPC.GARD.16.1.2

• The U.S. Declaration of Independence states that governments derive their power from consent of the

governed.

• True
• False 2 / 4

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ANSWER: True

REFERENCES: The U.S. Constitution and the American Bill of Rights

LEARNING OBJECTIVES: CEPC.GARD.16.1.3

• The first twelve Amendments to the U.S. Constitution are called the Bill of Rights.
• True
• False

ANSWER: False

REFERENCES: The U.S. Constitution and the American Bill of Rights

LEARNING OBJECTIVES: CEPC.GARD.16.1.3

• When originally ratified, the Bill of Rights limited the powers of the federal government, but not the powers

of the states.

• True
• False

ANSWER: True

REFERENCES: The U.S. Constitution and the American Bill of Rights

LEARNING OBJECTIVES: CEPC.GARD.16.1.3

• In the United States, the defense carries the burden of proving the defendant is not guilty.
• True
• False

ANSWER: False

REFERENCES: Basic Rights Under the U.S. Constitution Today

LEARNING OBJECTIVES: CEPC.GARD.16.1.3

• In all states, a defendant has a right to grand jury review of the charges.
• True
• False

ANSWER: False

REFERENCES: The U.S. Constitution and the American Bill of Rights

LEARNING OBJECTIVES: CEPC.GARD.16.1.3

• The prosecution is required by law to prove the defendant’s guilt beyond a reasonable doubt.
• True
• False

ANSWER: True

REFERENCES: Basic Rights Under the U.S. Constitution Today

LEARNING OBJECTIVES: CEPC.GARD.16.1.3

• Under American law, criminal defendants have a right to a perfect (error free) trial.
• True
• False

ANSWER: False

REFERENCES: Basic Rights Under the U.S. Constitution Today

LEARNING OBJECTIVES: CEPC.GARD.16.1.4

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• The Sixth Amendment contains a right to counsel.
• True
• False

ANSWER: True

REFERENCES: Basic Rights Under the U.S. Constitution Today

LEARNING OBJECTIVES: CEPC.GARD.16.1.4

• The Fifth Amendment requires that defendants receive notice of any charges brought against them.
• True
• False

ANSWER: False

REFERENCES: Basic Rights Under the U.S. Constitution Today

LEARNING OBJECTIVES: CEPC.GARD.16.1.4

• The Sixth Amendment guarantees a speedy and public trial.
• True
• False

ANSWER: True

REFERENCES: Basic Rights Under the U.S. Constitution Today

LEARNING OBJECTIVES: CEPC.GARD.16.1.4

• The prosecution can subpoena defendants and require that they testify at their own criminal trials.
• True
• False

ANSWER: False

REFERENCES: Basic Rights Under the U.S. Constitution Today

LEARNING OBJECTIVES: CEPC.GARD.16.1.4

• The Eighth Amendment prohibits unreasonable searches and seizures.
• True
• False

ANSWER: False

REFERENCES: Basic Rights Under the U.S. Constitution Today

LEARNING OBJECTIVES: CEPC.GARD.16.1.4

• The Sixth Amendment affords defendants a right to confront and cross-examine witnesses.
• True
• False

ANSWER: True

REFERENCES: Basic Rights Under the U.S. Constitution Today

LEARNING OBJECTIVES: CEPC.GARD.16.1.4

• Even a single error at a trial automatically entitles the defendant to a new trial.
• True
• False

ANSWER: False

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