MPOETC Evidence & Trial Practice 5 — Questions and Answers
Question 1: Exculpatory evidence — evidence favorable to the defendant — must be disclosed to the defense under which legal obligation?
- The Giglio rule for impeachment evidence only
- The Brady doctrine requiring disclosure of all material exculpatory evidence (Correct answer)
- The Jencks Act requiring disclosure after witnesses testify
- The Sixth Amendment right to confrontation
Correct answer: The Brady doctrine requiring disclosure of all material exculpatory evidence
Brady v. Maryland requires prosecutors (and by extension, police) to disclose material exculpatory evidence to the defense.
Question 2: An officer photographs a crime scene. These photographs are BEST classified as:
- Testimonial evidence because the officer took them
- Real evidence because they are original items from the investigation
- Demonstrative evidence because they illustrate what the scene looked like (Correct answer)
- Documentary evidence because they were recorded by a device
Correct answer: Demonstrative evidence because they illustrate what the scene looked like
Crime scene photographs are demonstrative evidence — they illustrate and help explain real conditions for the jury.
Question 3: Under the Confrontation Clause of the Sixth Amendment, a defendant has the right to:
- View all physical evidence before trial
- Cross-examine witnesses who testify against them (Correct answer)
- Be present during juror deliberations
- Request that hearsay statements be read aloud in court
Correct answer: Cross-examine witnesses who testify against them
The Confrontation Clause guarantees a defendant the right to face and cross-examine witnesses who offer testimony against them.
Question 4: Which of the following statements about circumstantial evidence is CORRECT?
- Circumstantial evidence is inadmissible in criminal cases
- Circumstantial evidence can be sufficient alone to support a conviction (Correct answer)
- Circumstantial evidence is always weaker than direct evidence
- Circumstantial evidence requires corroboration from at least one eyewitness
Correct answer: Circumstantial evidence can be sufficient alone to support a conviction
Circumstantial evidence, which requires an inference to connect it to a fact, can be sufficient by itself to prove guilt beyond a reasonable doubt.
Question 5: If a police officer discovers that their testimony conflicts with a statement in their own report, the officer should:
- Maintain their oral testimony and deny the report's accuracy
- Acknowledge the report, request to review it, and clarify any discrepancy honestly (Correct answer)
- Claim the report was completed in error and request it be sealed
- Defer entirely to the report without providing any clarification
Correct answer: Acknowledge the report, request to review it, and clarify any discrepancy honestly
An officer should acknowledge the written report, review it, and honestly clarify any difference between the report and their current recollection.
Question 6: The 'inevitable discovery' exception to the exclusionary rule provides that illegally obtained evidence may be admitted if:
- The officer who obtained it acted in good faith
- The evidence would have been discovered through lawful means independent of the illegal act (Correct answer)
- The evidence is essential to prove the primary charge
- The defendant waived their Fourth Amendment rights at the time of arrest
Correct answer: The evidence would have been discovered through lawful means independent of the illegal act
The inevitable discovery doctrine allows illegally obtained evidence if the prosecution can demonstrate it would have been discovered through an independent, lawful investigation.
Question 7: When a defense attorney objects to an officer's testimony as 'speculation,' the objection is sustained when the officer:
- Uses technical police jargon unfamiliar to the jury
- Testifies to what they personally observed at the scene
- Guesses about what a suspect was thinking or intended without factual basis (Correct answer)
- Refers to the defendant by name rather than 'the suspect'
Correct answer: Guesses about what a suspect was thinking or intended without factual basis
Speculation objections are sustained when a witness offers opinion or guesses about facts not within their direct knowledge, such as a suspect's mental state.
MPOETC Evidence & Trial Practice 5
Exculpatory evidence — evidence favorable to the defendant — must be disclosed to the defense under which legal obligation?