Criminal Evidence: Principles and Cases 9th Edition

A(n) _____ is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. a. excited utterance b. statement to physicians c. dying declaration d. confession Answer: aREFERENCES: "Firmly Rooted" Exceptions to the Hearsay Rule Answer: aREFERENCES: "Firmly Rooted" Exceptions to

Case 3.1 Kathy and Walt shoplift $2,000 worth of leather jackets from a store in the mall. Mall security call police and they chase the two into the mall parking lot. Police arrive as Walt and Kathy attempt to flee the scene in minivan and stop the vehicle. Mall security identifies

Competent evidence is reliable, relevant evidence that _____. a. is not excluded by additional rules of evidence b. is subject to the exclusionary rule c. cannot be heard by the jury d. is offered to impeach a witness Answer: aREFERENCES: The Adversary System and Battles over What is Relevant, Reliable, and Competent Evidence Answer: aREFERENCES: The

Lineups are used to minimize _____ a. suggestiveness b. redundancy c. stress for the victim d. inefficiency Answer: aREFERENCES: The Problem of Mistaken Eyewitness Identification Answer: aREFERENCES: The Problem of Mistaken Eyewitness Identification Answer: a REFERENCES: The Problem of Mistaken Eyewitness Identification Much of the law of wiretapping and electronic surveillance was changed by the USA

Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 True / False 1. After conquering England in 1066, the Norman invaders instituted trial by ordeal. a. True b. False ANSWER: False

Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 True / False 1. The principal argument against the exclusionary rule is that society pays a high price to secure its benefits. a.

Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 True / False 1. The U.S. Supreme Court held that the probable cause standard is related to criminal investigations. a. True b.

Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 True / False 1. Sometimes even silence can constitute an incriminating statement a. True b. False ANSWER: True REFERENCES: Confessions LEARNING OBJECTIVES:

Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 True / False 1. Eyewitness identifications are extremely reliable. a. True b. False ANSWER: False REFERENCES: The Problem of Mistaken Eyewitness Identification

Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 True / False 1. The Fourth Amendment applies to voluntary encounters. a. True b. False ANSWER: False REFERENCES: Obtaining Physical Evidence from

Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 True / False 1. Child pornography web sites generate more than $3 billion annually of illegal money. a. True b. False ANSWER:

Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 True / False 1. Officers can lawfully make warrantless searches of premises if incident to an arrest. a. True b. False ANSWER:

Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 True / False 1. No warrant is necessary to videotape events occurring in a public place. a. True b. False ANSWER: True

Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 1. Which of the following is not an explicit factor in the Daubert test? a. age of the theory b. peer review

Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 True / False 1. The United States was the first country in the world to utilize a federal form of government. a. True

Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Multiple Choice 1. In terms of procedure, _____. a. felony cases involve more steps than misdemeanor cases b. misdemeanor cases involve more

Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 True / False 1. Evidence is derived from proof. a. True b. False ANSWER: False REFERENCES: Evidence and Proof LEARNING OBJECTIVES: CEPC.GARD.16.4.1

Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Multiple Choice 1. In general, to be deemed a competent witness, the witness must _____. a. have personal knowledge of the matters

Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Multiple Choice 1. The primary purpose of judicial notice is to _____. a. protect the rights of defendants b. assure a fair

Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Multiple Choice 1. The problem with hearsay testimony is that the person who actually saw the events _____. a. is not on the

Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Multiple Choice 1. The rule against hearsay and the _____ Clause of the Sixth Amendment deal with similar testimonial issues. a. Venue

Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Cengage Learning Testing, Powered by Cognero Page 1 Multiple Choice 1. The primary justification for the exclusionary rule is _____. a. discouraging or deterring police misconduct b. ensuring judicial discretion

In an Alford plea, the defendant pleads guilty while _____. a. still demanding a jury trial b. refusing to accept the court's jurisdiction c. asserting his or her innocence d. manifestly not competent for trial Answer: cREFERENCES: Please a Defendant May Enter to a Criminal Charge Answer: cREFERENCES: Please a Defendant May Enter to

The Confrontation Clause does not apply to _____ out-of-court statements. a. co-conspirators b. non-testimonial c. regularly kept records d. child victims of abuse Answer: bREFERENCES: The Confrontation Clause After Crawford Answer: bREFERENCES: The Confrontation Clause After Crawford Answer: b REFERENCES: The Confrontation Clause After Crawford Judicial notice is permitted _____. a. in all jurisdictions except the federal

Most child pornography websites are _____. a. run by hackers b. overseas c. easily disabled d. subject to U.S. laws Answer: bREFERENCES: Obtaining Evidence from Computers Answer: bREFERENCES: Obtaining Evidence from Computers Answer: b REFERENCES: Obtaining Evidence from Computers In April 2007, DNA evidence was used to clear the _____ innocent person mistakenly convicted of a

Case 2.2 New Jersey State Police incept a truck load of marijuana at during a truck enforcement detail. The truck operator, Bill Smith is arrested. The ensuing investigation reveals that the shipment originated form a legal marijuana dispensary in Denver, Colorado, owned by Mick Stoner. As a result of joint investigation

Under the Fourth Amendment, when executing a search warrant, police are authorized to use reasonable force if necessary to detain the occupants while the search is going on. a. True b. False Answer: TrueREFERENCES: Obtaining Evidence by Police Entry into Private Premises Answer: TrueREFERENCES: Obtaining Evidence by Police Entry into Private Premises Answer: True REFERENCES: Obtaining

If the police can show they would have found the evidence eventually by legal means, it may trigger the independent source exception to the exclusionary rule. a. True b. False Answer: FalseREFERENCES: Exceptions to the Fruit of the Poisonous Tree Doctrine Answer: FalseREFERENCES: Exceptions to the Fruit of the Poisonous Tree Doctrine Answer: False REFERENCES:

With regard to testimonial hearsay, the U.S. Supreme Court overruled Ohio v. Roberts in _____. a. U.S. v. Inadi. b. Pointer v. Texas. c. Crawford v. Washington. d. Minnesota v. Murphy. Answer: cREFERENCES: The Confrontation Clause After Crawford Answer: cREFERENCES: The Confrontation Clause After Crawford Answer: c REFERENCES: The Confrontation Clause After

Case 2.3 Police respond to the scene of shooting outside a local bar. The scene is chaotic with ambulance personnel attending to a nonresponsive shooting victim. In the course of rendering aid to the victim, the victim and the victim's clothing were removed from the scene. The victim's clothing and personal

Case 14.2 Officer Antioch is investigating a disturbance in a large apartment building. The complainant says that the people in Apartment 103 won"t stop playing their music so loud that the complainant can"t sleep. Officer Antioch knocks on the door of Apartment 103 and Melissa answers the door. Officer Antioch is

The Fourth Amendment only prohibits _____ searches and seizures. a. unreasonable b. evidence-gathering c. searches on less than a compelling necessity d. warrantless Answer: aREFERENCES: Obtaining Evidence in Traffic Stops and Vehicle Searches Answer: aREFERENCES: Obtaining Evidence in Traffic Stops and Vehicle Searches Answer: a REFERENCES: Obtaining Evidence in Traffic Stops and Vehicle Searches The Fourth Amendment requires that

Federal statutes give federal employees a privilege not to reveal _____. a. their employment by a government agency b. communications from foreign governments c. communications between embassy employees d. military or diplomatic secrets vital to national security Answer: dREFERENCES: The Government's Privilege Not to Reveal Government Secrets Answer: dREFERENCES: The Government's Privilege Not to Reveal Government

Unless they are the victim of a crime or an eyewitness, a child under the age of twelve can never be a competent witness. a. True b. False Answer: FalseREFERENCES: Qualifications Necessary to Be a Witness Answer: FalseREFERENCES: Qualifications Necessary to Be a Witness Answer: False REFERENCES: Qualifications Necessary to Be a Witness In

The U.S. Supreme Court has created a(n) _____ exception to Miranda. a. totality of the circumstances b. public safety c. terrorist d. conspicuous absence Answer: bREFERENCES: The Miranda Requirements Answer: bREFERENCES: The Miranda Requirements Answer: b REFERENCES: The Miranda Requirements In general, searches of property of public school students by school officials on school property can

Adult witnesses are _____. a. presumed incompetent unless shown to be competent b. presumed competent unless shown to be incompetent c. always subjected to voir dire before being allowed to testify d. presumed competent if they are at least 21 years of age Answer: bREFERENCES: Qualifications Necessary to Be a Witness Answer: bREFERENCES: Qualifications

In Brigham City v. Stuart, the Supreme Court held that police, while not an emergency, could enter a residence to arrest occupants. a. True b. False Answer: TrueREFERENCES: Obtaining Evidence by Police Entry into Private Premises Answer: TrueREFERENCES: Obtaining Evidence by Police Entry into Private Premises Answer: True REFERENCES: Obtaining Evidence by Police Entry into Private

The right to a speedy and public trial is found in the _____ Amendment. a. Fourth b. Fifth c. Sixth d. Eighth Answer: cREFERENCES: Basic Rights Under the U.S. Constitution Today Answer: cREFERENCES: Basic Rights Under the U.S. Constitution Today Answer: c REFERENCES: Basic Rights Under the U.S. Constitution Today The best evidence rule is also

In hearsay testimony, the person on the witness stand _____. a. is also the out-of-court declarant b. is not under oath c. will be immune from perjury d. did not personally witness the event Answer: dREFERENCES: What is Hearsay? Answer: dREFERENCES: What is Hearsay? Answer: d REFERENCES: What is Hearsay? The U.S. Supreme Court has held

The oldest confidential communication privilege known to the common law was the _____ privilege. a. attorney"client b. priest"penitent c. doctor"patient d. reporter'source Answer: aREFERENCES: The Attorney-Client Privilege Answer: aREFERENCES: The Attorney-Client Privilege Answer: a REFERENCES: The Attorney-Client Privilege The principal argument against the exclusionary rule is that society pays a high price to secure its benefits. a.

No warrant is necessary to videotape events occurring in a public place. a. True b. False Answer: TrueREFERENCES: When Is a Warrant Needed to Install and Conduct Videotape Surveillance? Answer: TrueREFERENCES: When Is a Warrant Needed to Install and Conduct Videotape Surveillance? Answer: True REFERENCES: When Is a Warrant Needed to Install and Conduct Videotape Surveillance? Case

The justification of the _____ rule is that the individuals involved in such a crime are equals and an admission by one is fairly attributable to others. a. co-conspirator b. party-opponent c. witness-declarant d. prior statement Answer: aREFERENCES: What Is Not Hearsay? Federal Rules of Evidence 801(d)(1), 801(d)(2), and 801(d)(2)(E) Answer: aREFERENCES: What Is Not

All states and the federal government have some form of the marital privilege. a. True b. False Answer: TrueREFERENCES: The Husband-Wife Privilege Answer: TrueREFERENCES: The Husband-Wife Privilege Answer: True REFERENCES: The Husband-Wife Privilege Inferences are reasonable conclusions that judges or juries _____. a. are required to draw b. may draw if they so desire c. cannot be

If the police can show that the evidence was discovered by two methods, one of which was lawful, it may trigger the _____ exception to the exclusionary rule. a. exigent circumstances b. inevitable discovery c. independent source d. attenuation of the taint Answer: cREFERENCES: Exceptions to the Fruit of the Poisonous Tree Doctrine Answer: cREFERENCES: