Criminal evidence test questions
Course code: 00370
First, multiple-choice questions (this topic is entitled * * 10, and each question is 1 point, * * *1point)
Of the four options listed in each question, only one meets the requirements of the topic. Please fill in the code in brackets after the title. Wrong selection, multiple selection or no selection will not be scored.
1. The most striking sign that distinguishes criminal evidence from general evidence is ().
A. Objectivity
B. Linkage
C. Timely
D. Legitimacy
2. The evidence system suitable for inquisitorial litigation is ()
A. Legal evidence system
B. The evidence system of God
C. Criminal evidence system
D. Evidence system of observing words and feelings
3. Among the following rules, the one that doesn't belong to the rules that regulate the licensing procedure is ().
A. exclusionary rule of opinion evidence
B. Rules for cross-examination
C. rules of court certification
D. Doubt will never dominate everything
4. The basic feature of material evidence is ()
A. Objective, thoughtful and definite
B. objectivity, ideology and indirectness
C. objectivity, specificity and indirectness
D. Objectivity, particularity and ideology
5. In the following procedures for questioning witnesses, the one that complies with the law is ().
A. When questioning a witness, the witness shall generally be informed to testify in the public security organ.
B when questioning witnesses under the age of 18, their legal representatives shall be notified to be present.
C. People who refuse to testify can be forced to testify.
D the questioning of witnesses should be conducted separately.
6. The following statement about the inspection record is correct ().
The transcripts of inquests and inspections belong to verbal evidence.
The transcripts of inquests and inspections are not independent litigation evidence.
The record of inquest and inspection is a fixed way of material evidence.
D. Records of inquests and inspections refer to written records.
7. When investigators think it is necessary, the object of compulsory physical examination is ().
A. Victims
B. Criminal suspects
C. Witnesses
D. the defendant
8. The following statement about material evidence is correct ()
A. Physical evidence is physical evidence.
B general material evidence can only reflect the facts of a certain part of the case in a "static" way.
C. Physical evidence including expert conclusions
D. Physical evidence is indirect evidence.
9. The proof standard for the end of investigation is ()
A. the facts of the crime are clear and the evidence is indeed sufficient.
B. The main criminal facts have been ascertained.
C. The facts of the crime are clear and there is no contradiction between the evidences.
D. basically find out the main criminal facts
10. The following statement about collecting evidence is correct ().
A. Collecting evidence is the duty entrusted to the judiciary by law.
B. Evidence collection activities only exist in the investigation stage.
C. collecting evidence is the litigation obligation of the parties.
D lawyers handling criminal cases are obliged to collect evidence.
Second, multiple-choice questions (this big question * * 10 small questions, 2 points for each small question, ***20 points)
Of the five options listed in each question, two to five meet the requirements of the topic. Please fill in the code in the brackets after the title. Wrong selection, multiple selection, less selection or no selection do not score.
1 1. The main methods to prove the evidence system are ()
A. swear; curse
B. Water Review
C. Fire test
D. Iron and blood trial
E. struggle
12. The following rules belong to the probative force of evidence: ()
A. Exclusion rules of illegal evidence
B. Discovery rules
C. hearsay evidence rules
D. Rules of proof
E. corroboration rules
13. The following statement about witness qualification is true ().
A. The witness can be a natural person or a unit.
B. The witness must be an insider.
C. the witness must be a person other than the party concerned.
D. the judicial staff who undertake this case cannot be the witnesses of this case.
E. people with physical and mental defects cannot be witnesses.
14. The matters that the state clearly limits to be evaluated only by designated evaluation agencies include ().
A. Identification of certain drugs
B. Identification of pesticides
C. Fingerprint identification
D. Identification of footprints
E. Toxicology identification
15. The conditions that the appraiser must meet include ()
A. Have expertise
B. there are necessary means of identification.
(3) It has no interest in the cases and parties involved in the evaluation.
D. with senior professional and technical titles
E. Appointed or employed by the judiciary
16. The following evidence belongs to the original evidence ()
A. Bodies, objects and traces left at the crime scene
B. Photos and models of the crime scene
C. Victims' statements
D. confessions of criminal suspects
E. A simulated portrait made according to the physical characteristics of the criminal suspect provided by the witness.
17. The implementation of the principle of directness of words in China's criminal procedure law is reflected in ()
A. Change the substantive review of public prosecution cases into pre-trial procedure review.
B. overcome the disadvantages of not distinguishing between prosecution and trial.
C. endowing the collegial panel with jurisdiction.
D. straighten out the relationship between the collegial panel and the judicial Committee.
E. the practice of judges presenting physical evidence has been abolished.
18. Generally speaking, the following evidence belongs to direct evidence ()
A. victim's statement identifying the offender
B. Illegal money and stolen goods found in the suspect's home
C. confessions and excuses of criminal suspects
D. some audio-visual materials that can reproduce crimes.
E refers to the witness's testimony, which is used to identify the criminal and state the criminal process.
19. "Criminal fact" is the most important object of proof in criminal proceedings, and its contents include ()
A. the name, gender and age of the suspect.
B. whether there is a fact that exclusion is illegal or punishable.
C. The consistent performance of the accused
D. Some evidential materials in this case
E. Is there a causal relationship between criminal behavior and harmful consequences?
20. The following statement about the shift and inversion of the burden of proof is correct ()
A. Chinese laws clearly stipulate that the burden of proof should be reversed when investigating cases of extorting confessions by torture.
B. the transfer of the burden of proof is decided by the judge.
C. the inversion of burden of proof is stipulated by law.
D. the transfer of burden of proof is in terms of the burden of proof of the whole crime.
E. The inversion of burden of proof only involves part of the case.
3. Fill in the blanks (this big question is 10 sub-question, and each sub-question is 1 minute, * * *1minute)
Please fill in the correct answers in the blanks of each question. You don't score if you fill it wrong or not.
2 1. Evidence in criminal proceedings has the following three remarkable characteristics: limited by time, limited by _ _ _ _ _ _, and bound by law.
22. The subject of judicial cognition is limited to _ _ _ _ _.
23. Victims in criminal proceedings should be victims of criminal acts.
24. The defendant who has closed the case testifies for the case under trial, which can be regarded as _ _ _ _ _.
25. When questioning witnesses, they should be informed that they should truthfully provide evidence and testimony, intentionally commit perjury or bear legal responsibilities.
26. The people's court should only bear the burden of proof, not _ _ _ _ _.
27. From the way of production, the fact presumption comes from the logical reasoning of judicial personnel based on _ _ _ _ _.
28. The subjects of litigation proof include the national judicial organs and _ _ _ _.
29. The fundamental purpose of establishing the principle of presumption of innocence in procedural law is to emphasize the burden of proof of _ _ _ _.
30. When investigating experiments, it is forbidden to do anything dangerous, _ _ _ _ or immoral.
Four. Noun explanation question (this big question is ***5 small questions, 3 points for each small question, *** 15 points)
3 1. Evidence capacity
32. Audiovisual materials
33. Defence evidence
Legal presumption
35. Logical reasoning method
Five, short answer questions (this big topic ***5 small questions, each small question 5 points, ***25 points)
36. Briefly describe the deviations that are easy to occur when using documentary evidence in judicial practice and the problems that should be paid attention to.
37. Briefly describe how some facts in the case were determined according to the unanimous confessions of several co-defendants.
38. What are the characteristics of the appraisal conclusion?
39. Briefly describe the probative role of evidence.
40. Briefly describe the harm caused by negligence to the fixation and preservation of material evidence, documentary evidence and verbal evidence.
Six, essay questions (this question ***2 small questions, each small question 10 points, ***20 points)
4 1. On determining whether a certain evidence is credible and available in judicial practice.
42. On the principles and methods of scientific and orderly arrangement and combination of evidence.