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.
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
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.
Case 13.1
Officer Mendelson responds to a robbery call at a local music store. On arrival, the
store owner and five witnesses say a young man grabbed an arm full of classical records
and just ran down the street. Mendelson runs out of the store and sees a young man
disappear around the corner. He catches up with him and tackles him to the ground.
Mendelson had seen classical records on the ground earlier, but did not see the young
man holding or dropping these records. There were no other people on the street at the
time, except an older woman with a cane. The police officer decides it is too much of a
hassle to bring the young man down to the station for a formal lineup and decides to
bring him back to the store to see if anyone can recognize him. Sure enough, the owner
identifies him as the robber, as do the other five witnesses, one after another. Mendelson
arrests the man and he is promptly charged with robbery.
Officer Mendelson could use this procedure because:
a. taking the young man to the police station was inconvenient.
b. he lacked probable cause and the crime had just been committed near the location of
the arrest.
c. five or more witnesses were available.
d. lineup arrays can lead to misidentification of suspects.
The prosecution can overcome the presumption of innocence only by proving guilty
beyond a reasonable doubt.
a. True
b. False
The majority of states and the federal courts have a plea and verdict of guilty but
mentally ill.
a. True
b. False
DNA is an acronym for disulfide nitric acid.
a. True
b. False
The practice of obtaining criminal convictions based on hearsay was especiallygrievous
in the infamous _____ trials in England.
a. Black Death
b. Inquisition
c. Machiavellian
d. Star Chamber
To combat “video voyeurism,” in 2003 New York passed “Stephanie’s Law,”
whichmakes “unlawful surveillance” a crime.
a. True
b. False
Case 12.3
Police investigated a suspicious fire case and possible arson of a local deli, which has
gone unsolved for over three months. Atlas Insurance Company is conducting its own
investigation into the insurance claim due to a change in the level of coverage four
months prior to the fire. Two neighboring shop owners report to an insurance company
investigator that the deli owner, Robert, had been complaining for months about losing
money and had said that if business didn’t pick up he would burn the place down. Then,
on two occasions since the fire, he had bragged how he got himself a brand new store
and a fresh start with just a well-placed cigarette and extra insurance.
The insurance company investigator also interviews Robert concerning the business, the
fire and his financials. Suspecting that Robert was involved in the fire, the insurance
investigator provides police with her investigative findings and the statements provided
to her. Police find several inconsistencies in Robert’s various accounts.
Robert is brought into police headquarters and interviewed by detectives regarding the
arson of his commercial property. He is provided his Miranda warning and then asked
to recount his previous statements at the scene regarding the fire and his whereabouts
that night. Police confront Robert with inaccuracies between his statements. Police then
confront him with the statements he made to the other shop owners and other
corroborating evidence. Robert then requests an attorney and stops answering
questions. Robert is charged with arson and insurance fraud.
Can Robert’s incriminating statements to the other shop owners be used in court?
a. No, as he was not provided Miranda rights prior to making the statements.
b. No, as this would violate his Fifth Amendment rights.
c. Yes, the Fifth Amendment protects citizens from improper government actions and
not statements made to other civilians.
d. Yes, the Fourth Amendment protects citizens from improper government actionsand
not statements made to other civilians.
Case 18.1
FBI Agent Mannix has arrived at a Federal Reserve Bank robbery crime scene. The
bank robbers got away with several hundred thousand dollars, but not before they
terrorized the patrons of the bank and shot one of the tellers. The teller was seriously
injured, but is expected to make a full recovery. In addition to the spent shell casings
from the shotguns used to scare everyone in the bank to ensure swift compliance with
their demands, bank robbers left behind the note they passed to the teller demanding all
the money in their cash drawers. One of the bank robbers was injured by broken glass
and left his bloody gloves in a dumpster in an alley behind the bank.
If the federal prosecutor seeks to have scientific evidence related to the gloves and shell
casings admitted, he will need to
a. establish reliability of the scientific evidence using the Frye test.
b. seek judicial notice of each scientific technique employed.
c. call a forensic entomologist to the stand.
d. establish reliability of the scientific evidence using the Daubert test.
In the Daubert case, the Supreme Court held that the admissibility of scientific
evidence was governed by Rule 702 of the Federal Rules of Evidence, not the Frye
decision.
a. True
b. False
In Alabama v. White (1990), the Court held that an anonymous tip could create a
reasonable suspicion if _____.
a. it can be corroborated in part by police observation
b. police obtain the informant’s phone number of the anonymous informant
c. police record the tip
d. the case is a felony
Therules of evidence are important not only to safeguard the rights of accused persons
in a fair trial but also to ensure _____.
a. the protection of public interests in the criminal justice system
b. that the accused receives a perfect trial in a timely fashion
c. that jurors are protected from viewing distressing evidence
d. that there is no chance of an appeal once an individual is convicted
If a police officer has been murdered at the scene, police may lawfully search the scene
for up to four days before obtaining a warrant.
a. True
b. False
Case 7.3
Police respond to the scene of an apparent arson incident which involved a vacant
commercial office building. The fire was discovered at 3:30 a.m. by a passing patrol
unit, shortly after it had started. The initial officers on scene found all exterior doors
locked and made forced entry to check for potential victims.
Fire officials report signs and evidence of accelerants near each stairwell. An empty
kerosene can was found outside the structure, in the bushes by the property line. A
premises history reveals that the property has been vacant for almost a year and has
been for sale twice as long. Town records show several denied zoning and building
adjustment applications over the past two years. There are numerous property
maintenance violations for the property as well.
Detectives following up on the case find the property owner Slim Shady uncooperative
and claiming he knows nothing about the fire. He states that he was at home the entire
night, hanging with his partner Rico Tubbs. Background investigations reveal that Mr.
Shady also operates Shady Flooring and Paint. He owns a working van with the
markings “Shady Flooring and Paint”. Detectives also discover that Mr. Shady
increased his insurance of the incident property six months prior to the fire.
Detectives interview Slim Shady’s neighbor who reports seeing Mr. Tubbs vehicle in the
driveway. He also reports hearing a vehicle pull into the driveway and two males
arguing about a can. The neighbor recognized the voice of Mr. Shady and states that Mr.
Shady was yelling at the other male for leaving a can behind. According to the
neighbor, the other male said that he threw it into the bushes with all the other garbage.
Detectives question Mr. Tubbs, who initially states that he and Mr. Shady were hanging
out at Mr. Shady’s house all night. Detectives re-interview Mr. Tubbs several days later
and tell him that they can place Mr. Shady, his work van, and another person going to
and from the scene; and that they have retrieved surveillance video from several stores
adjacent to the crime scene. Mr. Tubbs then changes his story, claiming that he just took
a ride with Mr. Shady, who had told him that he left some flooring supplies in the
building. He claims he was unaware of Mr. Shady’s intentions or actions until after he
ran out of the building and threw an empty can of kerosene at Mr. Tubbs. Mr. Tubbs
further states “Slim threatened to mess me up because I was already on parole”.
Ultimately, Mr. Shady and Mr. Tubbs are charged with the arson.
Can Mr. Tubbs’ out-of-court statement implicating Mr. Shady in the arson by admitted
at trial?
a. No, because it requires that inferences be made
b. Yes, because of the party-opponent rule
c. Yes, because of the co-conspirator rule
d. No, because it violates the Confrontation Clause of the Sixth Amendment
Undercover law enforcement officers who do not plan on making an arrest do not have
to give Miranda warnings and do not have to disclose their true identity.
a. True
b. False
In an Alford plea, the defendant pleads guilty but continue to assert his or her
innocence.
a. True
b. False
Even a single error at a trial automatically entitles the defendant to a new trial.
a. True
b. False
Documents may be authenticated only by direct evidence.
a. True
b. False
The privilege against self-incrimination adheres to the suspect, not the information.
a. True
b. False
The Sixth Amendment affords defendants a right to confront and cross-examine
witnesses.
a. True
b. False
In a 2010 study, it was reported that _____ states had specifically adopted Daubert and
an evidence rule similar to Rule 702.
a. 5
b. 10
c. 20
d. 30
For many years prior to 1993, federal courts utilized the _____ test for the admissibility
of scientific evidence.
a. Ginsburg
b. Alito
c. Connor
d. Frye
In the Daubert decision, the Supreme Court held that the admissibility of scientific
evidence was governed by Rule _____ of the Federal Rules of Evidence.
a. 402
b. 502
c. 602
d. 702
Some courts hold that security screenings at airports, courthouses, and other public
facilities can be justified on the theory that the persons involved consent to the search
and seizure by attempting to use the facility.
a. True
b. False
It has been held that courts should not take _____ of facts that are an element of the
crime charged or serve as the basis for increased prison sentences.
a. judicial notice
b. presumption
c. bias opinion
d. omission
There are no exceptions to the knock and announce rule for executing warrants.
a. True
b. False
In response to its decision in Daubert, the U.S. Supreme Court created Rule 702 of the
Federal Rules of Evidence.
a. True
b. False
The attorney”client privilege was not recognized at common law.
a. True
b. False
Case 16.1
Police officers responded to a residence after reports from neighbors that they had heard
what sounded like screams coming from the home. After receiving no response when
they knocked on the front door, two police officers pushed in the door and found a
young man bleeding from a knife wound. After they called for an ambulance, one of the
officers proceeded to search the home to find out if there were any other victims or if
the assailant was in the home. After 20 minutes, the ambulance arrived and the police
officer had completed her search of the home without finding additional victims or the
assailant. During her search, she did see illegal drugs in plain view in one of the
bedrooms. The crime scene investigations unit responded, taking photographs of the
area of the knife attack, collecting blood samples, as well as fingerprints from the
immediate area. Investigation revealed that the victim, now in a coma, was the owner of
the home and lived alone. After evidence had been collected at the crime scene, the
police remained on-site for several days looking through closets and dresser drawers.
They found a bloody knife on the fourth day. The following week, a known burglar was
apprehended, trying to pawn property that turns out to be the property of the knife
assault victim.
The seizure of the knife as evidence
a. requires a search warrant.
b. may require the testimony of the responding officer to establish chain of custody.
c. requires consent of the homeowner.
d. can only be done by the responding officer.
In a(n) _____ system of justice, a trial is a battle between two opponents.
The U.S. Supreme Court upheld the search by a probation officer of a parolee under a
Wisconsin statute that authorized searches on the basis of ____________________
suspicion.
Violations of the _____ Amendment privilege against self-incrimination can result in
exclusion of the confession.
Define and discuss three exceptions to the exclusionary rule and/or fruit of the
poisonous tree doctrine. Be sure to provide examples.
Identify and discuss the two requirements for the admissibility of evidence obtained in a
consent search.
What are non-verbal acts in relation to the exception for Hearsay? Provide an example
of both assertive and non-assertive behaviors.
To provide a handwriting _____ an individual would have to provide sample of his or
her handwriting.
Explain the concept of community caretaking. What impact does this have on obtaining
evidence of criminal conduct?
If evidence is obtained in a legitimate consent search, the _____ rule does not apply.
With regard to the “Plain View” doctrine,any of the five human senses may provide
information that makes it “immediately apparent” to the police that the object is
evidence of a crime.Discuss the senses applicable to plain view and their application.
If the judge or jury is not allowed to see or hear the evidence, the evidence is said to be
____________.
Perhaps the most famous film in American history is the Zapruder film of the
assassination of President ____________________.
The Frye test focused on general ____________________ of the theory or technique in
the relevant scientific field.
Courts have had conflicting opinions about the application of the _____ doctrine when
improper police conduct consists of the failure to give the Miranda warning.
Describe the two limitations on DNA evidence as of 2012.
Through operation of the _____ Amendment, most of the Bill of Rights’ provisions are
also applicable against the states.
In criminal cases, _____ is probably the most effective cross-examination technique
DNA genetic profiling has received such wide acceptance among criminal justice
professionals that it is frequently called____________________ fingerprinting.