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 when the physician is being paid.
a. True
b. False
In U.S. v. Leon, the Supreme Court permitted the use of evidence obtained through the
use of a search warrant containing _____.
a. deliberate misstatements
b. a technical error
c. errors of fact
d. a reasonable number of errors
The United States was the first country in the world to utilize a federal form of
government.
a. True
b. False
Wigmore, a legal scholar, stated that the development of the hearsay rule was the
second greatest contribution of the English legal system next to _____.
a. the grand jury
b. the jury trial
c. the right to notice of the charge.
d. the right to an attorney
Officers can lawfully make warrantless searches of premises if incident to an arrest.
a. True
b. False
In a jury trial, it is the province of the jury to determine the credibility of the witnesses
and the weight to be given to their testimony.
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 she sees his patrol car, she turns
around and starts walking in the other direction. Officer Jamison pulls up alongside the
young woman and notices that she has quite a few tattoos on her arms and is clutching a
paper bag. Officer Jamison pulls over and gets out of his car, asking the woman if he
could have a word with her. She stops and stares at the officer, but says nothing. When
Officer Jamison asks for her identification, she begins to walk away. Officer Jamison
does not recognize the woman and has a hunch that she may have drugs or other
contraband in the paper bag. He then tells the young woman, “Halt. What are you doing
in this neighborhood and why won”t you tell me who you are?” When she fails to
comply, Jamison steps in her path and crosses his arms, saying, “Young lady, I asked
you a fair question. So, will you please answer me?” At this time, she reverses course
and starts to walk the other way down the open sidewalk.
How could the officer assess whether he had reasonable suspicion justifying an
investigative detention of the young woman walking away from him?
a. Jamison is given broad discretion based on his personal experience.
b. Jamison would need to establish probable cause that the fruits of a crime were likely
present or his safety was in jeopardy.
c. Jamison will need to show clear and convincing evidence of criminal activity.
d. Jamison can rely on the totality of circumstances.
Since adoption of Daubert in some states, the validity and reliability of the _____ test is
no longer subject to judicial notice for purposes of proving guilt.
a. RFD
b. RSVP
c. HMS
d. HGN
Prosecutors generally have a privilege not to reveal the _____.
a. exculpatory evidence in their possession
b. agency by which they are employed
c. identity of confidential informants
d. fact that they were working undercover
Evidence obtained in violation of Miranda is generally treated differently than evidence
obtained from other violations in that _____.
a. the exclusionary rule does not apply to the statement obtained in violation of
Miranda. .
b. statements obtained in violation of Miranda must be excluded in federal courts but
not in state courts.
c. statements obtained in violation of Miranda must be excluded in state courts but not
in federal courts.
d. the fruit of the poisonous tree doctrine does not apply to physical evidence obtained
from Miranda violations.
The term “demeanor of a witness” refers to the conduct and/or appearance of a witness
while testifying.
a. True
b. False
Court orders for wiretapping and electronic eavesdropping are generally not required if
one party to the conversation consents.
a. True
b. False
Hearsay can be written statements, communicative conduct, or _____.
a. oral statements
b. inferences from observations
c. hypnotically refreshed testimony
d. photographic evidence
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.
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.
Statements made to a physician for the purpose of diagnosis or treatment _____.
a. may be both privileged and an exception to the hearsay rule
b. are an exception to the hearsay rule only if part of an excited utterance
c. are an exception only if offered in the form of medical records
d. are not an exception in any jurisdiction
Elected school boards may, if they deem necessary, require _____ drug tests of not only
student athletes but also students participating in any extracurricular activities.
a. scheduled
b. random
c. parent-approved
d. parent-notified
Scent evidence may be used to gain a conviction of a suspect.
a. True
b. False
According to the American Declaration of Independence (1776), the government
derives its powers from _____.
a. divine right
b. natural law
c. the people by their consent
d. the common law
During a valid traffic stop to issue a traffic ticket, officers may lawfully (automatically)
do all but which of the following?
a. ask to see driver’s license, registration, etc.
b. ask questions of the driver and passenger
c. seek consent to search
d. search the vehicle
The physician”patient privilege _____.
a. did not exist at common law
b. entered the common law in the 1700s
c. is designed to protect the physician
d. is recognized only if the physician collects a fee
If an individual denies ownership of property to the police, the property may be
considered to be abandoned.
a. True
b. False
Case 1.1
Bob is pulled over for a motor vehicle violation. During the course of the motor vehicle
stop the officer determines that Bob had been drinking. He is arrested for DWI.
Secondary to the arrest, the officer searches Bob and finds a significant amount heroin
on Bob’s person. Bob is additionally charged with possession and distribution of heroin.
What is the requisite level of proof to convict Bob on the charges of possession and
distribution of heroin?
a. mere suspicion
b. probable cause
c. preponderance of the evidence
d. proof beyond a reasonable doubt
In determining whether a confession is voluntary, courts will look at the totality of the
circumstances.
a. True
b. False
Case 1.3
Robert is at police headquarters being interviewed by detectives regarding a fire that
destroyed his business. What was a friendly discussion suddenly turns adversarial when
the detectives accuse him of starting the fire to collect insurance. They both tell him to
think about what he wants to say about the crime and leave him alone in a locked
interview room.
Which constitutional amendment would prohibit detectives from looking through
Robert’s cell phone texts without his consent?
a. First Amendment
b. Second Amendment
c. Fifth Amendment
d. Fourth Amendment
Under the Fourth Amendment, drug detection dogs may not be used during routine
traffic stops.
a. True
b. False
A criminal defendant’s right to compel the appearance of witnesses at trial is found in
the _____ Amendment.
a. Fourth
b. Fifth
c. Sixth
d. Eighth
Case 1.2
It is 1166 A.D. and English Lord William Smith has been accused of crimes against the
Crown by Lord Richard Mason. He has been brought before the King to answer and be
judged for his alleged crimes. If found guilty of the alleged crimes, he will most likely
be put to death.
If Lord Smith was being tried for a crime today is the United States, what level of proof
would be necessary for a conviction?
a. mere suspicion
b. probable cause
c. preponderance of the evidence
d. proof beyond a reasonable doubt
A presentment jury is the same as a trial or petit jury.
a. True
b. False
Exigent circumstances exist when there is some sort of emergency.
a. True
b. False
Miranda warnings are not required when a person who is not in custody volunteers
information.
a. True
b. False
Under the Sixth Amendment, a defendant who lies on the witness stand cannot be
prosecuted for perjury.
a. True
b. False
Thousands of people carry ____________________ equipped as cameras.
Discuss the co-conspirator rule and provide an example.
The Supreme Court has ruled that there are four guiding principles that should be used
when determining whether a juror has been properly excused for cause in capital cases.
What are those four principles?
The scope of federal criminal jurisdiction under the _____ Clause is a contentious issue.
Because of their liberal use of hearsay against criminal defendants, the _____ trials
during the reign of Queen Elizabeth I have become infamous.
List the three elements that all evidence must be in order to be allowed into a trial.
A defendant who possesses large quantities of illegal drugs may, by inference, be
convicted of possession with intent to _____.
The _____ clause of the Constitution requires that guilt be proven beyond a reasonable
doubt.
In general, under the Fourth Amendment, what is the required procedure when police
arrive at a residence to serve a warrant? When are these requirements excused? Be sure
to provide examples.
Discuss hot-pursuit entry into private premises. Incorporate Warden, MD. Penitentiary
v. Hayden and U.S. v Santana in your discussion. Do you agree with the court
decisions? Why or why not?
What are the concerns common to both the hearsay rule and the confrontation clause?
Be sure to provide examples.
In federal courts, the Frye test was replaced by the ____________________ test.
The English _____ of 1215 was an important step in limiting government power and
granting rights.
Protection against illegal search and seizure is guaranteed by the _____ Amendment.
Proof of chain of custody is usually not required in ____________________ and theft
cases.