Chapter 8 | Exam Prep | Witness Competency, Credibility, and

CHAPTER 8 TEST BANK

MULTIPLE CHOICE

1. The presence of particular characteristics and the absence of particular disabilities that render the witness legally qualified to testify in court define

a. corroborative evidence.

b. credibility.

c. competency.

d. none of the above

2. Concerns a person’s understanding of what it means to tell the truth.

a. disabilities

b. competency

c. characteristics

d. credibility

3. The party seeking to call a witness bears the burden of demonstrating

a. the person is old enough.

b. competency.

c. honesty.

d. the person is lying.

4. Spouses can testify against a wife or husband if

a. they have a passed a polygraph.

b. it is a bigamy case.

c. they are mentally competent.

d. their spouse is deceased.

5. A person with prior convictions cannot testify

a. ever.

b. if the conviction was for a felony.

c. if the conviction was in the last year.

d. none of the above

6. Religious beliefs can declare a person incompetent

a. if they are not popular.

b. if they are anarchistic.

c. never.

d. if they are uttered by a person of the cloth.

7. According to federal law, judges

a. can testify in all cases.

b. can testify in felony cases.

c. cannot testify as a witness.

d. cannot testify in any case.

8. An affirmation is a(n)

a. way of making someone feel good.

b. oath.

c. confirmation.

d. promise to tell the truth.

9. The purpose of an oath is to communicate to a witness that he or she

a. must tell the truth.

b. will be testifying under penalty of perjury.

c. is sworn.

d. is now unable to lie.

10. Witnesses who have the ability to observe and remember

a. may testify.

b. are disqualified.

c. cannot testify as witnesses.

d. are considered truthful.

11. The fixed age at which a child can testify is

a. six years old.

b. seven years old.

c. eight years old.

d. none of the above

12. Statutes that prohibit witnesses from testifying about transactions with a person involved in a case if the person died prior to trial are

a. no longer on the books.

b. part of all state laws.

c. dead man’s statutes.

d. Vasterbinder rules.

13. Regarding dead man’s statutes, the Federal Rules of Evidence contain

a. no rules concerning testimony.

b. extensive rules concerning testimony.

c. applicable statutes.

d. guidelines for their use.

14. Supporting evidence is

a. cumulative evidence.

b. corroborating evidence.

c. perjurious evidence.

d. none of the above

15. Credibility is

a. analogous to competency.

b. the ability to tell the truth.

c. the believability of the witness.

d. the ability to understand consequences for perjury.

16. Impeachment is a way of

a. electing a new person.

b. challenging a witness’s competency.

c. challenging a witness’s credibility.

d. none of the above

17. The rationale for impeaching one’s own witness is

a. to lessen the blow imposed by cross-examination.

b. surprise.

c. none of the above

d. both a and b

18. The prosecution can attack a witness’s credibility for

a. bias.

b. race.

c. sexual orientation.

d. attending college.

19. Witnesses’ credibility has been challenged for

a. prejudice.

b. prior convictions.

c. inability to observe.

d. all of the above

20. If a witness is unable to effectively recall events, he or she can be declared incompetent

a. for inability to observe.

b. for bias.

c. for bad memory.

d. as a forgetful witness.

21. Bolstering an attacked witness’s credibility is known as

a. accrediting.

b. supporting.

c. rehabilitating.

d. defending.

22. When the prosecution attempts to bolster a witness’s credibility, it is called

a. accrediting.

b. supporting.

c. rehabilitating.

d. defending.

23. Oral or verbal description of a person’s present recollection of some past event or set of facts is called

a. privilege.

b. memory.

c. recollection.

d. testimony.

24. What is the term that applies when a person meets the minimum qualifications to testify as a witness at trial?

a. competent

b. capable

c. credible

d. compliant

25. Which of the following is not true regarding mental incapacity and competency to be a witness?

a. A person judged insane cannot testify unless he or she can understand the obligation of the oath.

b. A person judged insane cannot testify unless he or she is capable of giving a correct account of what happened.

c. A person judged insane cannot testify under any circumstances.

d. A person judged insane cannot testify unless he or she understands the consequences of giving false testimony.

26. Which of the following is true regarding the competency of children as witnesses?

a. Most jurisdictions do not allow children under the age of ten to testify.

b. Most jurisdictions do not allow children under the age of seven to testify.

c. Most jurisdictions consider the age of the child and his or her ability to understand the full meaning of the oath.

d. Most jurisdictions consider the age of the child and the ability to tell truth from falsehood.

27. Which of the following accommodations to child witnesses would most likely not be allowed?

a. allowing a child witness to testify by closed-circuit television

b. allowing an attorney to pose slightly leading questions to a child witness

c. allowing only direct examination and no cross-examination of a child witness

d. allowing a child witness to take a break between direction and cross-examination

28. Which of the following constitutional amendments did the common law spousal privilege regarding witness competency seek to protect?

a. Fourth Amendment

b. Fifth Amendment

c. Sixth Amendment

d. Eighth Amendment

29. In which of the following instances, under modern law, could the government least likely compel a wife to testify against her husband?

a. A man is accused of physically abusing his wife.

b. A man is accused of murdering a business partner.

c. A man is accused of marrying three women.

d. A man is accused of entering a fraudulent marriage with his wife.

30. Which of the following reasons would least likely be used to judge a witness incompetent?

a. mental incapacity

b. childhood

c. prior convictions

d. religious beliefs

31. Which of the following is not an essential requirement of a competent witness?

a. The witness must be capable of perceiving the events he or she observed.

b. The witness must be able to remember the events he or she observed.

c. The witness must not have any interest in the proceedings.

d. The witness must be able to understand the oath.

32. Which of the following is a justification for dead man’s statutes?

a. to protect the memory and/or honor of the deceased

b. to prevent fraud

c. to make it easier to prosecute cases of murder

d. to allow previous testimony or depositions of the deceased into evidence

33. What is supporting evidence to buttress the testimony of a witness known as?

a. corroborative evidence

b. cumulative evidence

c. competing evidence

d. competent evidence

34. What is the term that refers to whether the testimony of a witness should be believed?

a. competency

b. credibility

c. sincerity

d. celerity

35. What is the process to challenge the credibility of a witness known as?

a. auditing

b. accrediting

c. discrediting

d. attacking

36. Which of the following is true of impeachment?

a. Both the prosecution and defense may impeach the witnesses they call and the witnesses the other party calls.

b. The prosecution and defense may impeach only the witnesses they call.

c. The prosecution and defense may impeach only the witnesses the other party calls.

d. Only the judge may impeach witnesses.

37. Which of the following would not be grounds to impeach a witness based upon bias?

a. The witness was formerly a co-defendant in the case.

b. The witness is a relative of the defendant.

c. The witness has pending charges in a unrelated case.

d. The witness has been previously convicted of perjury.

38. Which of the following prior convictions least likely would be used to impeach a witness?

a. shoplifting

b. battery

c. burglary

d. embezzlement

39. Which of the following would allow a prior conviction to be introduced to impeach a witness?

a. The probative value outweighed the prejudicial value.

b. The prejudicial value outweighed the probative value.

c. The prior conviction was more than ten years old.

d. The prior conviction was later pardoned.

40. Which of the following scenarios would not be allowed for impeachment?

a. A witness gave prior inconsistent statements at a preliminary hearing.

b. A witness gave contradictory answers when being questioned by police before trial.

c. A witness gave no explanation to police when being questioned before trial.

d. A witness gave contradictory answers to police before the witness had been given proper Miranda warnings.

TRUE/FALSE

1. ____ Competency is the presence of particular characteristics and the absence of particular disabilities that render the witness legally qualified to testify in court.

2. ____ Disabilities concern a person’s ability to walk.

3. ____ Particular characteristics include such factors as the potential witness’s age, role in the trial, and relationship to the defendant.

4. ____ The prosecutor is responsible for assessing a witness’s competency.

5. ____ According to the Federal Rules of Evidence, every person is competent.

6. ____ One challenge to witness competency is previous convictions for a crime.

7. ____ To testify, a child must understand the full meaning of the “oath.”

8. ____ Spouses cannot testify against each other.

9. ____ A person can be declared incompetent if he or she has adverse religious beliefs.

10. ____ An oath is analogous to an affirmation.

11. ____ “Dead man’s statutes” prohibit witnesses from testifying about transactions with a person involved in a case if the person died prior to the trial.

12. ____ “Dead man’s statutes” are included in all state laws.

13. ____ Credibility goes to the believability of the witness.

14. ____ Impeachment is a way of excluding a witness from testifying.

15. ____ Proving a witness is biased is a popular way of discrediting that witness.

16. ____ If an individual has prior felony convictions, he or she cannot testify.

17. ____ Evidence about uncharged crimes is frequently admitted for the purpose of impeaching witnesses.

18. ____ Rule 608(a) of the Federal Rules of Evidence states “the credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, without limitation.”

19. ____ Rehabilitation occurs when the side that produced the attacked witness takes steps to bolster the witness’s credibility.

20. ____ Corroborative evidence is evidence in support of another witness’s testimony.

21. ____ The process of rehabilitation occurs during redirect examination.

22. ____ When the credibility of a witness is attacked, the side that produced the witness is not allowed to produce steps to bolster the witness’s credibility.

23. ____ One technique of rehabilitating a witness is to argue that the witness was untruthful in the past, but is now telling the truth.

24. ____ One limitation of character-based impeachment provides that witness character cannot be bolstered unless it is attacked.

25. ____ Generally, the defendant’s reputation cannot be called into question at trial.

26. ____ The party cross-examining a witness can challenge the witness’s ability to observe, even if it is not relevant.

27. ____ Witnesses must be able to recall events perfectly when giving testimony.

28. ____ Witnesses can be declared incompetent if they have an inability to observe and/or recall the events in question.

29. ____ A witness’s prior inconsistent statements cannot be introduced for the purpose of impeachment.

30. ____ It is not permissible for the party cross-examining the witness to point to any mistake or false statement made by the witness.

31. ____ Evidence about uncharged crimes or prior immoral acts is generally not admissible as evidence for the purpose of impeachment.

32. ____ Evidence of a prior conviction can and will be admissible even if the conviction has been the subject of a pardon, annulment, or certificate of rehabilitation.

33. ____ Evidence of prior convictions is generally not permissible with regard to juvenile witnesses.

34. ____ Introducing bias and prejudice are two of the most effective ways of calling into question a witness’s credibility.

35. ____ When the prosecution or defense attempts to support, bolster, or improve a witness’s credibility, this is known as “discrediting.”

SHORT ANSWERS

1. What is testimony?

2. What is the definition of competency?

3. According to Kelluem v. State (1978), what are the four factors that must be considered when determining the competency of a child?

4. What is perjury?

5. What is the difference between corroborative evidence and cumulative evidence?

Supporting evidence is known as corroborative evidence. Cumulative evidence is evidence that repeats what is already known.