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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 […]

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 […]

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 Computers owned […]

Lineups are used to minimize _____ a. suggestiveness b. redundancy c. stress for the victim d. inefficiency Much of the law of wiretapping and electronic surveillance was changed by the USA _____ Act. a. PATRIOT b. Anti-Terrorism c. Electronic Interceptions […]

True / False 1. After conquering England in 1066, the Norman invaders instituted trial by ordeal. a. True b. False ANSWER: False REFERENCES: History of the Rules of Evidence LEARNING OBJECTIVES: CEPC.GARD.16.1.1 CEPC.GARD.16.1.2 2. One of the purposes of the […]

True / False 1. The principal argument against the exclusionary rule is that society pays a high price to secure its benefits. a. True b. False ANSWER: True REFERENCES: The Limits of the Exclusionary Rule LEARNING OBJECTIVES: CEPC.GARD.16.10.1 2. The […]

True / False 1. The U.S. Supreme Court held that the probable cause standard is related to criminal investigations. a. True b. False ANSWER: True REFERENCES: Special Needs and the Fourth Amendment LEARNING OBJECTIVES: CEPC.GARD.16.11.1 2. If a property owner […]

True / False 1. Sometimes even silence can constitute an incriminating statement a. True b. False ANSWER: True REFERENCES: Confessions LEARNING OBJECTIVES: CEPC.GARD.16.12.1 2. The corpus delicti rule requires that confessions be corroborated by accomplices. a. True b. False ANSWER: […]

True / False 1. Eyewitness identifications are extremely reliable. a. True b. False ANSWER: False REFERENCES: The Problem of Mistaken Eyewitness Identification LEARNING OBJECTIVES: CEPC.GARD.16.13.1 2. Eyewitness identification is less reliable if the witness is of a different race than […]

True / False 1. The Fourth Amendment applies to voluntary encounters. a. True b. False ANSWER: False REFERENCES: Obtaining Physical Evidence from the Person of a Suspect LEARNING OBJECTIVES: CEPC.GARD.16.14.1 2. A Terry stop is a brief, investigative detention that […]

True / False 1. Child pornography web sites generate more than $3 billion annually of illegal money. a. True b. False ANSWER: True REFERENCES: Obtaining Evidence from Computers LEARNING OBJECTIVES: CEPC.GARD.16.15.1 2. The Fourth Amendment requires that warrants be based […]

True / False 1. Officers can lawfully make warrantless searches of premises if incident to an arrest. a. True b. False ANSWER: True REFERENCES: Obtaining Evidence from a Crime Scene LEARNING OBJECTIVES: CEPC.GARD.16.16.1 2. There is a “murder scene exception” […]

True / False 1. No warrant is necessary to videotape events occurring in a public place. a. True b. False ANSWER: True REFERENCES: When Is a Warrant Needed to Install and Conduct Videotape Surveillance? LEARNING OBJECTIVES: CEPC.GARD.16.17.1 2. The silent […]

1. 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 ANSWER: a REFERENCES: The Admissibility of Scientific Evidence LEARNING OBJECTIVES: […]

True / False 1. The United States was the first country in the world to utilize a federal form of government. a. True b. False ANSWER: True REFERENCES: Federalism in the United States LEARNING OBJECTIVES: CEPC.GARD.16.2.1 2. The U.S. Constitution […]

Multiple Choice 1. In terms of procedure, _____. a. felony cases involve more steps than misdemeanor cases b. misdemeanor cases involve more protections for defendants c. felony and misdemeanor cases have exactly the same procedures d. most states require grand […]

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 2. Due process requires that criminal guilt be proven by the government beyond a reasonable doubt. a. True […]

Multiple Choice 1. In general, to be deemed a competent witness, the witness must _____. a. have personal knowledge of the matters b. be 21 years of age or older c. have at least a sixth grade education d. not […]

Multiple Choice 1. The primary purpose of judicial notice is to _____. a. protect the rights of defendants b. assure a fair trial for both parties c. give the judge more control over the proceedings d. save time and effort […]

Multiple Choice 1. The problem with hearsay testimony is that the person who actually saw the events _____. a. is not on the witness stand b. is probably not reliable c. may be biased d. may have a privilege against […]

Multiple Choice 1. The rule against hearsay and the _____ Clause of the Sixth Amendment deal with similar testimonial issues. a. Venue b. Counsel c. Public Trial d. Confrontation ANSWER: d REFERENCES: Hearsay and the Confrontation Clause LEARNING OBJECTIVES: CEPC.GARD.16.8.1 […]

Multiple Choice 1. The primary justification for the exclusionary rule is _____. a. discouraging or deterring police misconduct b. ensuring judicial discretion c. helping innocent defendants avoid conviction d. helping guilty defendants avoid conviction ANSWER: a REFERENCES: The Exclusionary Rule […]

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 The physician”patient privilege applies only […]

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 Judicial notice is permitted _____. a. in all jurisdictions except the federal courts b. in the federal […]

Most child pornography websites are _____. a. run by hackers b. overseas c. easily disabled d. subject to U.S. laws In April 2007, DNA evidence was used to clear the _____ innocent person mistakenly convicted of a crime. a. 75th […]

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, […]

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 Non-verbal acts (such as a nod of the […]

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 If officers naturally (by ear) overhear conversations in public places, […]

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. If a law clerk or secretary of the attorney […]

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 […]

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 […]

The Fourth Amendment only prohibits _____ searches and seizures. a. unreasonable b. evidence-gathering c. searches on less than a compelling necessity d. warrantless The Fourth Amendment requires that warrants be executed during the nighttime. a. True b. False Answer: False […]

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 Circumstantial evidence is […]

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 In United States v. Duongthe court held that if a rental vehicle […]

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 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 […]

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 The Self-Incrimination Clause has only one, specific goal: to protect against compelled, self-incriminating statements, […]

The right to a speedy and public trial is found in the _____ Amendment. a. Fourth b. Fifth c. Sixth d. Eighth The best evidence rule is also known as the original document rule. a. True b. False Answer: True […]

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 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 The principal argument against the exclusionary rule is that society pays a high price to secure its benefits. […]

No warrant is necessary to videotape events occurring in a public place. a. True b. False Case 14.1 Officer Jamison is on patrol in his typical neighborhood, when he notices a young woman standing alone near the local bank. When […]

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 The U.S. Supreme Court […]

All states and the federal government have some form of the marital privilege. a. True b. False Inferences are reasonable conclusions that judges or juries _____. a. are required to draw b. may draw if they so desire c. cannot […]

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 […]