Module 7 Flashcards
(53 cards)
1
Q
- The officer’s reputation in case preparation and courtroom testimony has to do with the officer’s _________.
A
- ability to prepare to testify (Correct Answer / Your Answer)
- gender
- ethnicity and that of the defendant
- None of the above
2
Q
- Officers are generally held to a higher standard than civilian witnesses, which means they are expected to remember everything.
A
- True (Correct Answer / Your Answer)
* False
3
Q
- When reviewing a case for statutory requirements, any errors should be kept from the state’s attorney, as it may reflect poorly on the initial investigation.
A
- True
* False (Correct Answer / Your Answer)
4
Q
- When highlighting a written report in preparing to testify, the officer should use more than one color highlighter.
A
- True (Correct Answer)
* False (Your Answer)
5
Q
- According to the Gunderson (2003) tip of “Know the Rules of the Courtroom”, the prosecution or defense may file a motion in limine, which is aimed at preventing witnesses from discussing the case with each other after the trial has started. (Gunderson, Five Tips for Testifying in Court)
A
- True (Your Answer)
* False (Correct Answer)
6
Q
- The order in which the witnesses are called to testify is determined by the state’s attorney or by established courtroom protocol.
A
- True (Correct Answer / Your Answer)
* False
7
Q
- When the officer and state’s attorney meet during a pre-trial conference, the officer can safely assume any new or follow-up information has been included in the state’s attorney’s file.
A
- True
* False (Correct Answer / Your Answer)
8
Q
- If the officer’s subpoena has “___________”, this means ________.
A
- em labulm, the officer is required by the court to provide a signed chain-of-custody receipt for the evidence.
- duces tecum, the officer is required by the court to present any listed evidence. (Correct Answer)
- duces labulm, the officer is required by the court to provide a signed chain of custody and to present any listed evidence. (Your Answer)
- none of the above
9
Q
- During the pre-trial conference, the officer should check with the state’s attorney or court to determine if a uniform and or weapon are appropriate attire for court.
A
- True (Correct Answer)
* False (Your Answer)
10
Q
- Once an officer is informed he/she will be testifying in court, the officer should prepare a uniform or other clothing to wear in advance of the court date.
A
- True (Correct Answer / Your Answer)
* False
11
Q
- Officers should protect the confidentiality of the case file contents ___________.
A
- unless the case is subject to the Illinois Law Enforcement Case Act.
- because inadmissible information may be released and could jeopardize the case (Correct Answer / Your Answer)
- because the case file information must be kept from the defense, as disclosure may damage the prosecution’s case
- none of the above
12
Q
- A witness (including an officer) must be able to explain where the evidence was found, how the evidence was found, and the path the evidence took to reach the court.
A
- True (Correct Answer)
* False (Your Answer)
13
Q
- When on the witness stand and answering questions, officers should answer questions _________.
A
- immediately to give the jury the impression the officer is knowledgeable and credible (Your Answer)
- immediately to give the judge and jury the impression the officer is credible and not fabricating a response
- after pausing and carefully thinking about the question (Correct Answer)
- None of the above
14
Q
- The officer should only look at the judge when answering questions.
A
- True
* False (Correct Answer / Your Answer)
15
Q
- The officer should anticipate standard objections while testifying.
A
- True (Correct Answer / Your Answer)
* False
16
Q
- The officer should ________ the state’s or defense attorney or judge while they are talking.
A
- not interrupt (Correct Answer / Your Answer)
- always interrupt, for a good reason
- interrupt
- None of the above
17
Q
- Once an officer has finished testifying and the case has ended, the officer should try to meet with the state’s attorney to discuss___________.
A
- problems concerning testimony, preparation, and the officer’s conduct
- preparation, chain of custody or evidence, and legal technicalities
- problems concerning testimony, preparation, and legal technicalities
- all of the above (Correct Answer / Your Answer)
18
Q
- Few courts will allow an officer to attend a criminal trial in which he/she is not a witness.
A
- True
* False (Correct Answer / Your Answer)
19
Q
- Since the main factor determining if a case will go to trial is the accuracy, quality, and detail of the written report, the officer’s reputation has little impact on deciding if the case will go to trial.
A
- True
* False (Correct Answer / Your Answer)
20
Q
- When reviewing a case file in preparing to testify in court, the officer should only be concerned with his/her particular role in the investigation.
A
- True
* False (Correct Answer / Your Answer)
21
Q
- In discussing witnesses with the state’s attorney, the officer should advise the state’s attorney of any relationships between the witnesses and defendant.
A
- True (Correct Answer / Your Answer)
* False
22
Q
- When the officer and state’s attorney meet during a pre-trial conference, the availability of evidence in the case, if any, should be discussed.
A
- True (Correct Answer / Your Answer)
* False
23
Q
- Officers should be sure to inform the state’s attorney of any specific __________ or ___________ of the case.
A
- media or newspaper reports
- strengths or weaknesses (Correct Answer / Your Answer)
- “ins or outs”
- None of the Above
24
Q
- An officer’s “appearance” deals with ________.
A
- Physical, Mental, and Environment
- Physical, Psychological, and Timeliness
- Physical, Attitude, and Timeliness (Correct Answer / Your Answer)
- None of the above
25
11. The Illinois Law Enforcement Records Act ________.
* mandates the release of all case file information
* mandates the release of select case file information
* does not exist (Correct Answer / Your Answer)
* None of the above
26
13. Officers should always speculate when answering the state's attorney or defense attorney's questions.
* True
| * False (Correct Answer / Your Answer)
27
14. Asking for a question to be repeated by the state's or defense attorney will show the officer is not paying attention.
* True
| * False (Correct Answer / Your Answer)
28
15. If the officer’s response to a state’s or defense attorney's question will lead to the use of vulgar language, the officer should _______.
* use the language, as the officer is under oath and such language is expected from an officer testifying truthfully
* use the language, as if it isn’t used, the defense may accuse the officer of lying on the stand.
* refuse to answer the question
* inform the attorney and judge prior to using such language (Correct Answer / Your Answer)
29
16. An officer must ________ his/her emotions, because ___________.
* fully release; it will show the jury the officer is being truthful
* limit; it will show the jury the officer is truthful and able to control one's emotions
* control; the defense attorney may exploit this as the officer may begin to answer questions without thinking (Correct Answer / Your Answer)
* None of the above
30
17. Officers should not contact the state’s attorney after the trial, because it may jeopardize the case if it is appealed.
* True
| * False (Correct Answer / Your Answer)
31
18. To increase an officer’s ability to give court testimony, officers should ___________.
* sit in on other criminal trials (Correct Answer / Your Answer)
* watch as many court shows on TV as possible
* watch only court TV trials on criminal cases
* none of the above
32
2. In many cases, the officer is not the state’s primary witness?
* True
| * False (Correct Answer/ Your Answer)
33
3. When an officer reviews a case file in preparing to go to court, he/she should look for the ___________.
* actions of the officer during the investigation
* actions of other officers during the investigation
* statutory requirements or elements of the offense
* All of the above (Correct Answer / Your Answer)
34
4. When reviewing a written report, the officer should use which of the following methods to point out the main areas of the report?
* Delete the parts not pertaining to the officer’s role
* Mark out the parts not pertaining to the officer’s role
* Highlight the parts pertaining to the officer’s role (Correct Answer / Your Answer)
* None of the above
35
5. Which of the following were mentioned in the Gunderson (2003) reading as being the "five tips" to testifying in court?
* Know the nature of the hearing, review all reports, meet with the prosecutor prior to testifying, know the rules of the courtroom, and rise to the highest standard. (Correct Answer/ Your Answer)
* Prepare by reviewing the case file, honesty above all else, integrity of officers, higher standards, and don’t be afraid to say "I don't know." Prepare, prepare, prepare, prepare, and prepare.
* None of the above
36
6. When the officer and state’s attorney meet during a pre-trial conference, the conference should mention witnesses, specifically ____________.
* Witness statements, witness injuries, witness order, and witness honesty.
* Witness statements, adverse witnesses, witness order, and witness presence. (Correct Answer / Your Answer)
* Witness statements and witness order.
* None of the above
37
7. Many state's attorneys use a "predicate question" book to outline their questions of witnesses in certain crimes.
* True (Correct Answer / Your Answer)
| * False
38
9. During the pre-trial conference, the officer should be up-front with the state's attorney regarding the officer’s experience (or inexperience) testifying in court.
* True (Correct Answer / Your Answer)
| * False
39
10. If an officer will be late, it is better to arrive late and justify the late appearance rather than call ahead.
* True
| * False (Correct Answer / Your Answer)
40
11. An officer may discuss the case with the judge, defense attorney, bailiff, jurors, witnesses, or the media.
* True
| * False (Correct Answer / Your Answer)
41
12. Without a chain of custody, ________.
* the officer's word and written report will serve the same purpose as the chain of custody
* the officer's word will be sufficient to provide a foundation to allow the evidence into court
* the defense may challenge the authenticity of the evidence and it may be inadmissible in court (Correct Answer / Your Answer)
* None of the above
42
16. The officer should not hesitate to argue with a defense attorney, as this is expected since they will often try to misstate the officer’s testimony.
* True
| * False (Correct Answer / Your Answer)
43
15. The use of police jargon is acceptable while testifying.
* True
| * False (Correct Answer / Your Answer)
44
5. According to the Gunderson (2003) tip of "Review all Reports", an officer can be expected to retain every detail of every call he/she has responded to.
* True (Your Answer)
| * False (Correct Answer)
45
7. To minimize the possibility of falling into a defense attorney's traps, the officer and state's attorney should discuss any possible defense strategies during the pre-trial conference.
* True (Correct Answer / Your Answer)
| * False
46
13. When on the witness stand and answering questions, the officer should ___________.
* briefly answer the question in a statement that is truthful and to the point (Correct Answer)
* answer the question with an extended answer to prevent the defense from answering additional questions
* answer the question with as few words as possible, as additional words may be used against the officer in subsequent questions
* none of the above (Your Answer)
47
1. Which of the following factors may dictate whether or not a case goes to trial?
* The accuracy and detail of the written report
* The officer’s reputation
* Amount of time that has elapsed since the arrest and the trial
* All of the above (Correct Answer / Your Answer)
48
2. Since few cases are dismissed or few defendants plead guilty, most cases go to trial.
* True
| * False (Correct Answer / Your Answer)
49
4. When highlighting a written report in preparing to testify, the officer should not use more than one color highlighter.
* True
| * False (Correct Answer / Your Answer)
50
12. After the officer provides the evidence and chain of custody to the court, he/she should ___________.
* leave the evidence and chain of custody with the state’s attorney
* not release the evidence to anyone other than an officer of the court or as specified by agency policy. (Correct Answer / Your Answer)
* not be concerned with the evidence, as it has served its purpose in the trial and will not be needed again
* None of the above
51
17. The state's attorney's feedback to officers concerning their testimony or conduct in court can provide valuable information to officers.
* True (Correct Answer / Your Answer)
| * False
52
8. If the officer's subpoena has duces tecum, this means the officer is required by the court to arrive at least 2 hours early.
* True
| * False (Correct Answer / Your Answer)
53
14. If the officer did not understand the question, he/she should ___________.
* answer the question as best as possible
* construct a vague response that could possibly cover the question, but yet protect the officer from other questions (Your Answer)
* ask for the question to be repeated (Correct Answer)
* briefly answer the question in as few words as possible
