Deck 18: Scientific Evidence

Question 1

In courts that use the ______ Plus test, the admissibility question frequently turns on how accurately and faithfully the testing laboratory followed accepted procedure.

A)Frye
B)Daubert
C)Williams
D)Conners

Answer 1

A

Question 2

Prior to the Supreme Court's Daubert decision, federal courts used a _____________ test.

A)general acceptance
B)conditional relevance
C)contingent admissibility
D)consistency and reliability

Answer 2

A

Question 3

Scientific evidence is infallible.

Answer 3

False

Question 4

The central issue for scientific evidence is the ________of the theory and testing on which the conclusions are based.

A)repeatability
B)validity
C)scrutiny
D)reliability

Question 5

These tests, called _______fingerprinting, can sometimes lead to a match between the bullet fragments and the weapon used to fire the bullet.

A)blood.
B)hair.
C)skin.
D)ballistic

Question 6

Rule ___ has already resulted in changes in how scientific evidence is received.

A)702
B)609
C)100
D)169

Question 7

The field of serology involves the study of

A)blood.
B)hair.
C)skin.
D)fingerprints.

Question 8

Which of the following is not an explicit factor in the Daubert test?

A)age of the theory
B)peer review c .rate of error
D)testing of theory

Question 9

Forensic ____________ involves evidence about insects.

A)cosmetology
B)immunology
C)entomology
D)herpetology

Question 10

Since the Daubert decision, ____________ states have adopted a similar rule.

A)none of the
B)a few
C)a substantial minority of
D)a majority of

Question 11

In 1999, in the Kumho Tire Co.decision, the Supreme Court extended the Daubert test to

A)hearsay.
B)ancient documents.
C)technical evidence.
D)DNA evidence.

Question 12

In 1999 the U.S.Supreme Court held that the Daubert test was applicable to __________ as well as scientific evidence.

A)blood.
B)hair.
C)technical
D)fingerprints.

Question 13

In the case of United States v.Crisp, the court concluded that ________ analysis was reliable scientific knowledge and admissible.

A)blood.
B)handwriting
C)DNA
D)fingerprints.

Question 14

DNA is available in about ___ percent of the crimes committed.

A)20
B)50
C)30
D)10

Question 15

In the Daubert decision, the Supreme Court held that the admissibility of scientific evidence was governed by Rule ____ of the Federal Rules of Evidence.

A)402
B)502
C)602
D)702

Question 16

In 1993, in Daubert v.____________, the U.S.Supreme Court rejected the Frye test for federal courts.

A)Dow Chemical Co.
B)Merrill Dow Pharmaceuticals
C)Phillip Morris, Inc.
D)Siemens, Inc.

Question 17

The FBI's national DNA database system is known as

A)FICA.
B)RFLP.
C)CODIS.
D)NDNADB.

Question 18

Since adoption of Daubert in some states, the validity and reliability of the _______ test is no longer subject to judicial notice for purposes of proving guilt.

A)RFD
B)RSVP
C)HMS
D)HGN

Question 19

Statutes requiring that convicted felons provide blood samples for DNA databases have been held to

A)violate the privilege against self-incrimination.
B)violate the Fourth Amendment.
C)violate both the Fourth and Fifth Amendments.
D)be constitutional.

Question 20

For many years prior to 1993, federal courts utilized the ____________ test for the admissibility of scientific evidence.

A)Ginsburg
B)Alito
C)Connor
D)Frye

Question 21

In both the O.J.Simpson criminal trial and the Jimmy Hoffa disappearance, DNA carried the burden of truth.

Question 22

DNA is an acronym for Disulfide acid.

Question 23

Animal DNA can be linked to the crime scene and used as evidence.

Question 24

DNA evidence was first admitted in U.S.Courts in criminal cases in the 1960s.

Question 25

Scientific evidence is usually presented through the use of ____________ witnesses.

Question 26

In response to its decision in Daubert, the U.S.Supreme Court created Rule 702 of the Federal Rules of Evidence.

Question 27

As 40 percent of all criminal homicides go unsolved, it is critical to link the weapon used in a crime to the person who used it.

Question 28

In a recent study, it was found that all states use the Daubert for scientific validity.

Question 29

CODIS is the FBI's national DNA database.

Question 30

Requiring convicted felons to give blood samples for DNA databases violates the privilege against self-incrimination.

Question 31

Due to the length of time that U.S.military service members are still missing from WWII, the Korean War, and the Vietnam War, DNA samples will be useful in identifying remains found.

Question 32

One of the factors in Rule 702 is the extent to which the scientific testimony will aid the trier of fact.

Question 33

The Frye test was criticized for being too broad and too narrow.

Question 34

A judge can take judicial notice of the validity of the theories and techniques underlying scientific evidence.

Question 35

Of the two main DNA tests, the RFLP test has gained wider acceptance in the courts.

Question 36

Requiring convicted felons to give blood samples for DNA databases violates the Fourth Amendment.

Question 37

The Supreme Court replaced the Daubert test with the Frye test.

Question 38

In the Daubert case, the Supreme Court held that the admissibility of scientific evidence was governed by Rule 702 of the Federal Rules of Evidence, not the Frye decision.

Question 39

The Frye test is known as the general acceptance test.

Question 40

The two major forms of DNA testing are PCR and RFLP.

Question 41

Requiring convicted felons to give up blood samples for DNA databases has been justified under the _________________ exception to the warrant requirement.

Question 42

Forensic _________________ uses evidence about insects to help solve cases.

Question 43

Adoption of the Daubert test in state and federal courts has caused some courts to question the reliability of the Horizontal ____________ Nystagmus for detection of intoxication.

Question 44

According to the Supreme Court in the Daubert decision, what are the five factors trial courts should assess to determine scientific validity of a scientific theory or technique?

Question 45

Explain the biological theory underlying DNA testing and how such evidence is usually presented in court.

Question 46

Between the Frye and Daubert tests came the Frye ___________ test.

Question 47

Of the two DNA tests, courts have shown greater acceptance of the _______ test.

Question 48

In some cases, court may take ________________ of the validity of underlying scientific theories and techniques.

Question 49

Discuss, describe, compare, and contrast the Frye rule with its successor, the Daubert rule.

Question 50

Describe the two limitations on DNA evidence as of 2012.

Question 51

Describe the Federal DNA Act.

Question 52

Rule 702 has already resulted in changes in how _________evidence is received.

Question 53

The Federal Rules of Evidence that deals with the admissibility of scientific evidence is Rule _________.

Question 54

The federal DNA act was amended in 2006 to require persons arrested for _________to submit DNA samples, and 24 states have passed similar laws.

Question 55

There are a number of agencies or sources providing the collecting, correlating, and coordination of evidence.Name and discuss at least three of these.

Question 56

In federal courts, the Frye test was replaced by the ____________ test.

Question 57

The field of _______________ involves the study of blood.

Question 58

In the Kuhmo Tire Co.case, the Supreme Court held that the Daubert test was applicable to ____________ evidence as well as scientific evidence.

Question 59

The Frye test focused on general ___________ of the theory or technique in the relevant scientific field.

Question 60

DNA genetic profiling has received such wide acceptance among criminal justice professionals that it is frequently called ________fingerprinting.

Question 61

Describe ballistic fingerprinting and its limitations.

Question 62

Discuss matching shell casings and "microstamping" and the issues associated with it.