True / False
1. The United States was the first country in the world to utilize a federal form of government.
a.
True
b.
False
True
Federalism in the United States
CEPC.GARD.16.2.1
2. The U.S. Constitution is the supreme law of the land.
a.
True
b.
False
True
Federalism in the United States
CEPC.GARD.16.2.1
3. The U.S. Constitution provides that state judges are not bound by the U.S. Constitution, but by their state
constitution.
a.
True
b.
False
False
Federalism in the United States
CEPC.GARD.16.2.1
4. The Federal Rules of Evidence must be followed in all state trials.
a.
True
b.
False
False
CEPC.GARD.16.2.1
5. The American system of justice is basically an adversary system.
a.
True
b.
False
6. In the adversary system, each side seeks to present evidence that is most favorable to its position.
a.
True
b.
False
7. Non-relevant evidence is generally admissible.
a.
True
b.
False
False
The Adversary System Battle over What is Relevant, Reliable and Competent Evidence
CEPC.GARD.16.2.4
8. “Competent evidence” is a catch-all term that included reliable and relevant evidence that is not rendered
inadmissible by some other rule.
a.
True
b.
False
True
The Adversary System Battle over What is Relevant, Reliable and Competent Evidence
CEPC.GARD.16.2.4
9. Most countries other than the U.S. utilize an inquisitorial system of justice.
a.
True
b.
False
10. In an adversary system of justice, each side generally conducts separate investigations and generally does
not share advance information with the other side.
a.
True
b.
False
11. In our adversary system, the prosecution has no obligation to reveal any evidence to the defense.
a.
True
b.
False
12. No state in the United States ever requires that the defendant reveal information or possible defenses to the
prosecution.
a.
True
b.
False
False
Disclosing Information in the Adversary System
CEPC.GARD.16.2.5
13. Any time the prosecution loses, displaces, or destroys important evidence in a criminal case, it is
automatically a violation of due process.
a.
True
b.
False
False
Disclosing Information in the Adversary System
CEPC.GARD.16.2.7
14. The Brady rule requires that the defense disclose clearly exculpatory evidence to the prosecution.
a.
True
b.
False
False
Disclosing Information in the Adversary System
CEPC.GARD.16.2.6
15. If the prosecution deliberately uses false evidence or perjured testimony to obtain a conviction, the
defendant will get a new trial.
a.
True
b.
False
True
Disclosing Information in the Adversary System
CEPC.GARD.16.2.6
16. The American criminal justice system is both accusatorial and adversarial in nature.
a.
True
b.
False
False
The American Accusatorial System
CEPC.GARD.16.2.5
17. In the United States, defendants are never required to reveal anything about their case to the prosecution.
a.
True
b.
False
False
Disclosing Information in the Adversary System
CEPC.GARD.16.2.6
18. A conviction obtained by the knowing use of false evidence or testimony violates due process and will be
reversed.
a.
True
b.
False
True
Disclosing Information in the Adversary System
CEPC.GARD.16.2.7
19. All jurisdictions in the U.S. utilize the Federal Rules of Evidence.
a.
True
b.
False
False
Federalism in the United States
LEARNING OBJECTIVES:
CEPC.GARD.16.2.2
20. If the defense loses or misplaces evidence important to the prosecution, it is a violation of due process.
a.
True
b.
False
ANSWER:
False
REFERENCES:
CEPC.GARD.16.2.7
Multiple Choice
21. The concept of federalism means that government power is shared between _____.
a.
the legislative, executive, and judicial branches
b.
state and federal governments
c.
the federal government and tribal authorities
d.
state and local governments
b
REFERENCES:
LEARNING OBJECTIVES:
CEPC.GARD.16.2.1
22. In 1975, Congress enacted the _____, which had great influence on state rules of evidence.
a.
National Standards of Evidence
b.
Federal Code of Criminal Evidence
c.
National Rules of Evidence
d.
Federal Rules of Evidence
d
REFERENCES:
CEPC.GARD.16.2.1
23. Most crimes committed in the U.S. are _____.
a.
state crimes
b.
federal crimes
c.
a combination of state and federal crimes.
d.
a combination of federal and international crimes.
REFERENCES:
CEPC.GARD.16.2.3
24. In our adversary system of justice, the defense and prosecution _____.
a.
cooperate to see that justice is done
b.
readily share evidence and information
c.
present their best case and challenge the opponent’s case
d.
rarely challenge the admissibility of the opponent’s evidence
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
25. 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:
LEARNING OBJECTIVES:
CEPC.GARD.16.2.4
26. In the American _____ system of criminal prosecution, the government must prove its case by evidence
freely and independently secured and may not coerce the defendant to provide evidence.
a.
fact finding
b.
accusatorial
c.
inquisitorial
d.
peremptory
ANSWER:
b
CEPC.GARD.16.2.5
27. Under the _____ rule, the prosecution must disclose exculpatory evidence to the defense.
a.
DeAngelis
b.
Powell
c.
Curtain
d.
Brady
REFERENCES:
28. If the prosecution destroys evidence important to the defense, this violates a defendant’s rights only if the
prosecution acted _____.
a.
in bad faith
b.
negligently
c.
with carelessness
d.
in violation of a court order
REFERENCES:
29. The Constitution allows, and certain states require, that defendants _____.
a.
reveal incriminating evidence
b.
answer questions posed by the police
c.
give notice that they intend to use an alibi or insanity defense
d.
waive their privilege against self-incrimination
30. Unlike the United States, most European democracies _____.
a.
use the inquisitorial system
b.
give prosecutors less discretion
c.
give defendants more protections
d.
rely less on confessions
31. Reliable evidence is defined as evidence that is likely to be _____.
a.
true or accurate
b.
prejudicial to one side or the other
c.
subject to the exclusionary rule
d.
exculpatory
32. Evidence is not relevant (irrelevant) if it is _____.
a.
not related to any fact or issue in the case
b.
subject to a privilege
c.
recognized by judicial notice
d.
exculpatory
33. If reliable, relevant evidence is otherwise excludable (e.g. it is privileged or was obtained in violation of the
Constitution), such evidence is said to be _____.
a.
precluded
b.
incompetent
c.
inconsequential
d.
indefatigable
34. To validly enact federal statutes, Congress must be acting within _____.
a.
powers granted by the Constitution
b.
authority granted by the United Nations
c.
the scope of consent granted by the States
d.
the bounds of international law
35. The states and federal government _____.
a.
all use the same rules of evidence
b.
all have created the same crimes
c.
use the same court system
d.
have established 51 different criminal codes
36. The Tenth Amendment to the U.S. Constitution states that powers not delegated to the United States are _____.
a.
reserved to the States or the people.
b.
automatically delegated to the federal government.
c.
under joint jurisdiction by federal and state governments.
d.
ruled by common law.
37. The keystone of American federalism is the _____.
a.
U.S. Constitution
b.
Bill of Rights
c.
Magna Carta
d.
separation of church and state
38. The Federal Rules of Evidence and most state rules of evidence apply in _____ trials.
a.
only criminal
b.
both civil and criminal
c.
only civil
d.
only administrative
39. Federal law enforcement agencies are created by _____ to enforce specific federal laws.
a.
the President
b.
the Legislature
c.
the Senate
d.
Congress
40. The main actors at the trial are the judge, the _____, the prosecutor, and the defense attorney.
a.
investigator
b.
victim
c.
jury
d.
defendant
Case 2.1
Dave is pulled over for a motor vehicle violation in his local town in upstate New York. During the course of
the motor vehicle stop the officer determines that Dave had relocated in to town from New Jersey six months
prior to the stop. Although Dave has a valid New York state license his driving privileges in New Jersey are
suspended and he has numerous outstanding motor vehicle warrants. Further inquiry reveals that Dave is a
registered violent sexual offender in New Jersey with an extensive criminal history. A check of the local
department data base reveals that Dave has not registered as a sexual offender with the local town or state since
relocating to New York.
41. In the above scenario would Dave be required to register as sexual offender in New York for a previous
conviction in New Jersey?
a.
No, under the Federalism doctrine each state is a sovereignty and the regulations of another state or
federal government cannot be imposed on their residents.
b.
No because Dave has only been living in New York for six months and the law allows convicted
sexual offenders up to a year to register when relocating from out of state.
c.
Yes under the federal of Violence Against Women Act (VAWA) 18 U.S.C.A. 2265 requires the
equal recognition and enforcement of out of state orders of protection.
d.
Yes under the federal sexual offender registration and notification act (SORNA) of 2006 18 U.S.C.A.
16913 as well as under New York State law, Dave must register.
42. Which Constitutional Amendment would Dave use to challenge the charge of failing to register as a sexual
offender in New York?
a.
The Sixth Amendment, that provides that “the accused shall enjoy the right to a speedy and public
trial.”
b.
The Tenth Amendment, that provides that “The powers not delegated to the United States by the
Constitution are reserved to the States … or to the people.”
c.
The Fourth Amendment, that forbids unreasonable searches and seizures by officers of the federal
and state governments.
d.
The Fifth Amendment, that provides the right of the defendant to right remain silent.
43. What would be the constitutional basis to uphold federal charges brought against Dave under SORNA?
a.
Federalism
b.
Common Law
c.
Necessary and Proper Clause of the Constitution.
d.
Federal Rules of Evidence
44. Dave is charged under SORNA in New York and is being tried in the federal courts. Which rules of
evidence would apply to his trial?
a.
New York state rules of evidence because that was where he was arrested
b.
New Jersey state rules of evidence because that is where the original crime occurred
c.
New York state rules of evidence because the federal court is located in New York.
d.
Federal rules of evidence because the case is being tried in a federal court.
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 involving
the New Jersey State Police and the DEA, Mick Stoner was arrested at his Denver dispensary by DEA agents
and charged with the manufacture and distribution of a controlled or dangerous substance.
45. Which agency would charge Mick Stoner?
a.
the New Jersey State Police, as that is where the drugs were discovered.
b.
the Denver Police, because that is where the drugs were manufactured and shipped from
c.
The Colorado State Patrol, because of the interstate commerce clause of the U.S. Constitution
d.
The Drug Enforcement Agency (DEA), because the manufacture of marijuana is legal in Colorado,
but it is a federal crime for which the DEA has jurisdiction
46. Which Court System would have jurisdiction for Mick Stoner’s criminal trial?
a.
the New Jersey Court System due to the division of powers under federalism
b.
the New Jersey Court System pursuant the interstate commerce clause of the U.S. constitution
c.
the Federal Court System pursuant the interstate commerce clause of the U.S. constitution
d.
the Colorado Court System due to the division of powers under federalism
47. At trial, Mick Stoner’s defense attorney challenges the _____ of the evidence, claiming that the initial search
of the truck was in violation of the Fourth Amendment.
a.
competence
b.
probable cause
c.
preponderance
d.
probative value
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 effects are collected by an
emergency room nurse at the hospital. The investigating officer responds to the hospital and takes custody of
the victim’s personal effects. A suspect is identified and charged with the murder of the victim. At trial, it is
determined that some of the victim’s personal effects of evidentiary value were misplaced by hospital
personnel. During the trial the prosecution uses a cell mate of the defendant as a witness. Under oath the
witness claims that the defendant admitted to murdering the victim.
48. At trial, the defense attorney claims that the prosecution failed to turn over exculpatory evidence thereby
violating the _____.
a.
First Amendment
b.
Second Amendment
c.
Brady Rule
d.
Fourth Amendment
49. Which constitutional rights could the defense attorney cite with regard to violations of due process, if it is
later discovered that the witness had lied to get a deal of charges he was currently facing?
a.
First and Tenth Amendments
b.
First and Second Amendments
c.
Fifth and Fourteenth Amendments
d.
Fourth and Seventh Amendments
50. What might the defense attorney challenge regarding the admissibility of the witness testimony presented in
this case?
a.
reliability of the evidence
b.
chain of custody
c.
accountability of the evidence
d.
mental competence of the witness
Completion
51. The system in which power is shared between state and federal governments is called _____.
52. The U.S. _____ is the supreme law of the land.
53. In a(n) _____ system of justice, a trial is a battle between two opponents.
54. _____ evidence is that which possesses a significant degree of believability.
55. Relevant, reliable evidence may be inadmissible if it is _____.
56. The American system of criminal justice is an adversarial one, not a(n) _____ one like many European
democracies have.
57. Under the _____ rule, the prosecution must disclose to the accused any evidence which is favorable to the
accused.
LEARNING OBJECTIVES:
CEPC.GARD.16.2.6
58. If evidence potentially favorable to the accused is lost, destroyed, or misplaced, it is a violation of due
process only if the government acted in _____.
REFERENCES:
59. At a trial, the _____ solves questions of law.
LEARNING OBJECTIVES:
60. At a jury trial, the _____ determines the facts of the case.
LEARNING OBJECTIVES:
61. The legal and ethical obligation of the prosecutor is to seek _____.
REFERENCES:
62. If the judge or jury is not allowed to see or hear the evidence, the evidence is said to be ____________.
REFERENCES:
LEARNING OBJECTIVES:
CEPC.GARD.16.2.4
63. The scope of federal criminal jurisdiction under the _____ Clause is a contentious issue.
LEARNING OBJECTIVES:
CEPC.GARD.16.2.3
64. In the adversarial system, evidence that a third party committed the crime is likely to be challenged by the
_____.
65. Most state statutes require only that the person seeking a civil commitment have a _____ the person to be
committed is potentially dangerous.
REFERENCES:
Essay
66. Define and describe an adversary system of justice. What role do the rules of evidence play in such a
system? Be sure to provide examples.
67. What is the Brady rule? Provide an example of a violation of this rule. What are the consequences of a
violation of the Brady rule?
68. The jurisdiction of the federal government in interstate commerce issues is often challenged. Use Gonzales
v. Rich as a foundation for your discussion. Discuss the situations in which you believe the federal government
should become involved. Do you agree with the Gonzales decision? Why or why not?
69. Delineate and discuss the duties of law enforcement agencies at the local, state and federal levels.
70. Why are some states’ rules of evidence different from the federal rules of evidence?
71. What is the main function of a jury? Why is this duty imposed on the jury?
72. What is an alibi defense, and if used by a defendant, what rules of evidence must be followed?
73. In terms of lost, misplaced, or destroyed evidence, the Supreme Court has held that a violation of due
process has not occurred unless the following is shown: