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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
Composite sketches developed by police are used for identification by _____.
a. victims
b. witnesses
c. perpetrators
d. both victims and witnesses
Questioning of a witness by the party that called that witness is called _____
examination.
a. cross
b. central
c. straight
d. direct
In California v. Greenwood, the U.S. Supreme Court upheld police search and seizure
of a garbage left on the curb by the defendant for pickup because the defendant _____.
a. signed a waiver agreement with the trash hauler
b. failed to object to the search when given the opportunity to do so
c. had no incriminating evidence in the trash
d. had no reasonable expectation of privacy in the trash
Which person would be most likely to have actual or apparent authority?
a. the driver of a car
b. a head nurse in a nursing home
c. the landlord of rented space
d. a motel manager
In most appeals, the _____.
a. appeal takes the form of a new trial.
b. appeals court reviews the records for errors.
c. defendant usually is ordered to be acquitted.
d. prosecution must again reprove guilt
Which of the following identification procedures is generally the most suggestive?
a. lineup
b. photographic display
c. victim looking through books of mug shots
d. showup
After direct examination, a witness is subject to cross-examination by the opposing
party.
a. True
b. False
Case 11.2
High school teacher Nolan Ackerman has been hearing rumors that students at his high
school are using illegal drugs. Mr. Ackerman starts watching students in the hallways of
the school. He notices that Fred placed a large bag in his school locker when he thought
no one was looking. Fred also started to meet with his classmates at the locker and
furtively took money in exchange for small plastic bags he took out of the paper bag.
Johnny has an adjoining locker with stickers from bands that advocate rock n roll, as
well as marijuana use. Mr. Ackerman walked up to Fred and told him to open his locker
for an inspection. When Fred grudgingly complied after demanding to see a search
warrant, Mr. Ackerman looked into the paper bag and found small plastic bags
containing marijuana, which is illegal to possess in this jurisdiction. Johnny, Fred's
friend, was standing nearby and Mr. Ackerman told him to open his locker up, as well.
Inside, Mr. Ackerman found illegal fireworks and a baggie of marijuana. When Jane,
who was standing nearby, protested, Mr. Ackerman told her to open her purse and she
refused. Mr. Ackerman took the purse and looked inside, finding her cell phone. He
then perused her text messages and saw that she had told her friends that she had
bought alcohol, though under age, and was having a party at her house later that week.
Mr. Ackerman seized the phone, the purse, the marijuana, fireworks and told Fred,
Johnny and Jane to wait in his office while he called the police.
Was Mr. Ackerman's search of Fred's locker lawful?
a. No, he needed to first call the police to get a search warrant from a neutral and
detached magistrate based on his observations.
b. Yes, Mr. Ackerman had reasonable suspicion that Fred was engaged in the sale of
illegal drugs.
c. No, the intrusiveness of the search exceeded his authority.
d. Yes, there are no limitations on school searches.
Federal law allows secret taping of conversations as long as one of the parties to the
conversation consents.
a. True
b. False
Exceptions to the hearsay rule mandate that the hearsay offered have some _____.
a. relation to the unavailability of the declarant
b. indicia of reliability
c. means of being corroborated
d. relation to the burden of proof
The statement by a shooting victim just prior to death would probably be admissible
under the hearsay exception for _____.
a. victim statements
b. murder witnesses
c. statements for descriptions of medical condition
d. dying declarations
Because it is not required by the U.S. Constitution, only about half the states give
defendants a right to _____.
a. confront and cross-examine witnesses
b. grand jury review
c. have notice of the charges
d. a speedy and public trial
Reasonable suspicion of drug trafficking is all that is needed for officers to make
arrests.
a. True
b. False
In a typical conditional plea, the defendant pleads guilty but reserves the right to _____.
a. appeal certain issues
b. a jury trial
c. a bench trial
d. a speedy and public trial
If a criminal prosecution has begun, the defendant has a constitutional right to _____ at
a lineup.
a. have an attorney present
b. cross-examine the witnesses
c. select the other participants
d. have the lineup videotaped
Requiring convicted felons to give blood samples for DNA databases violates the
Fourth Amendment.
a. True
b. False
Motive is an element of most crimes.
a. True
b. False
The purpose of _____ is to assure the defendant's appearance at trial.
a. bail
b. presentence investigation
c. a criminal history investigation
d. an employment check
Open fields have the same Fourth Amendment protection as the home.
a. True
b. False
The use of hearsay is problematic because it involves a violation of the defendant's right
to _____.
a. a jury trial
b. the privilege against self-incrimination
c. notice of the charges
d. confront and cross-examine adverse witnesses
If police arrive at the scene and detect a murder, they may make a quick sweep through
the building to see if the offenders could be hiding there.
a. True
b. False
The purpose of judicial notice is to protect the privilege against self-incrimination.
a. True
b. False
The general rule is that ordinary (non-expert) witnesses may not give their conclusions
or opinions.
a. True
b. False
An FBI study discussed in United States v. Sanchez-Birruetta found that in a
comparison of 250,000 rolled fingerprints, not one false-positive identification was
made.
a. True
b. False
Case 17.3
Jane is the prosecutor in a death penalty case and is sitting in her office reviewing the
evidence. There is fingerprint evidence on the murder weapon (a kitchen knife)
matching those of the victim's former girlfriend, Abigail. There is also videotape at the
entrance to the apartment complex showing Abigail entering and leaving the apartment
building on the night of the murder. The crime scene investigation team also took
photographs of the victim to establish where he had been killed, the location of the
murder weapon near the body, as well as the nature of the wounds that led to the
victim's death. The photographs of the victim show the ferocity of the attack and can
establish that Abigail had every intention to kill her former boyfriend.
If Jane seeks to introduce these photographs into evidence,
a. the defense must agree.
b. an expert must testify about the camera used to take the pictures.
c. the photographer should testify that the photographs accurately and fairly illustrate
the crime scene.
d. will not be admitted without proof of chain of custody of the photographs.
One of the goals of the criminal justice system is seeking retribution for victims.
a. True
b. False
Supreme Court Justice Holmes wrote that a person "is privileged from producing the
evidence, but not from its _____."
a. production
b. warrantless seizure
c. theft
d. transposition
The U.S. Supreme Court has recognized an absolute reporter'source privilege.
a. True
b. False
Case 3.3
Police respond to the scene of domestic violence incident which resulted in a homicide.
The victim Ricky Bobby was found underneath the wheel of his homemade monster
truck, apparently run over multiple times. On scene his wife Betty Sue Bobby, blurts
out that she could not take his physical abuse and drinking any more. Betty Sue has
multiple new and old bruises on her body which claims were from Ricky continually
beating her and threatening to kill her. Witnesses report that they heard the two fighting
and witnessed Ricky strike Betty Sue several times before she ran outside. Outside they
observed Betty Sue trying to get into her car but Ricky threw her to the ground
screaming that he would kill her rather than let her go. Witnesses report that Betty Sue
got into the monster truck and drove over Ricky Bobby as he stood in the way. They
also tell police that she has been seeing a doctor about her depression and takes
medication to treat her depression. Police arrest Betty Sue for the murder of her
husband Ricky Bobby.
Prior to trial the prosecutor offers Betty Sue, through her defense attorney, a lesser
charge of manslaughter. This action is referred to as a(n) _____. red to as a(n) _____.
a. plea bargain
b. sentence reduction hearing
c. Brady hearing
d. preliminary hearing
The Sixth Amendment contains a right to counsel.
a. True
b. False
The silent witness method is a means of authenticating a document.
a. True
b. False
Forensic _____ involves evidence about insects.
a. etymology
b. immunology
c. entomology
d. herpetology
Warrantless searches and seizures inside a _____________________ are presumptively
(generally) unreasonable under the Fourth Amendment.
Unless the government is somehow involved, the Fourth Amendment does not apply to
evidence obtained in a search by a(n) _____ person.
In Commonwealth v. Delbridge, _____ was defined as the implanting false memories or
the distortion of real memories caused by interviewing techniques.
Fingerprint and shoe print evidence are generally examples of _____ evidence.
What did the U.S. Supreme Court hold in U.S. v. Patane (2004)? What was the Court's
rationale? Explain why you agree or disagree with this decision.
Defendants in the United States whom are charged with felonies may lose their right to
be present at their trial under what situations?
In Kyllo v. U.S., the Supreme Court held that use of a thermal imaging device against a
home constitutes a ____________________ under the Fourth Amendment.
To continue monitoring the calls of suspects who frequently change phones, federal law
authorizes the use of ____________________ wiretaps.
In Foster v. California, two lineups occurred with the suspect in both lineups. The
courts held that this was a denial of ____________.
What are the three basic requirements for a person to qualify as a competent witness?
Be sure to provide examples.
Miranda v. Arizona was decided by the U.S. Supreme Court in the year
_____________.
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?
The U. S. Supreme Court, writing in ____________________, upheld a state law that
requires those arrested for serious offenses to submit to a buccal swab DNA test as part
of the booking process.
Many states recognize a clergy"____________ privilege.
The courts have approved both ____________________ and reasonable suspicion drug
testing of peace officers.
The hearsay rule forbids only statements offered to prove the _____of the matter
asserted.
Discuss what a trained dog can use scent evidence to perform.
Discuss corpus delicti in relation to circumstantial evidence.
Fourth Amendment protections are weaker when the government is conducting
administrative functions that are related to the ____________________ of government
and the community.
In the 1990 murder case of State v. ____________________, the Supreme Court of
Ohio affirmed the defendant's conviction and permitted a lay witness (a police officer)
to testify as to the similarities between the prints and the defendant's shoes.
