A/n ___is any statement or conduct from which guilt of the crime can be inferred.
a. incriminating statement.
b. confession
c. excited utterance
d. dying declaration
After a suspect is charged with a crime, his/her _____Amendment right to an attorney
must be observed.
a. Fourth
b. Fifth
c. Sixth
d. Eighth
Circumstantial evidence frequently takes the form of showing that the defendant had
means, opportunity, and
a. the required tools.
b. sufficient criminal knowledge.
c. a prior criminal record.
d. motive.
Every essential element of the crime charged must be proved by the government
beyondreasonable __________in order to convict and punish a defendant for the crime
charged.
a. doubt
b. conclusion
c. presumption
d. assumption
A subpoena duces tecum is a subpoena that orders the person to
a. bring certain items or records with them to court.
b. appear with an attorney.
c. waive their privilege against self-incrimination.
d. not discuss their testimony with anyone.
For many types of evidence to be admissible, the prosecution must prove the chain of
a. possession.
b. concurrence.
c. fools.
d. custody.
Statutes requiring that convicted felons provide blood samples for DNA databases have
been held to
a. violate the privilege against self-incrimination.
b. violate the Fourth Amendment.
c. violate both the Fourth and Fifth Amendments.
d. be constitutional.
In Florida v. J.L., the Supreme Court stated that there is no ____________ exception to
the requirement of reasonable suspicion for stop and frisk.
a. contraband
b. evidence of crime
c. exigent circumstances
d. firearms
Facts that show that a crime has actually taken place is referred to as the __________ of
the case.
a. corpus delicti
b. burden of proof
c. totality of the circumstances
d. preponderance of the evidence
If the declarant makes a statement that could subject them to criminal charges, the
statement would probably be admissible under the exception for statements
a. of exculpation.
b. against penal interest.
c. contrary to reputational security.
d. contrary to Miranda rights.
Crawford v. Washington is a decision which protects
a. defendants.
b. the government.
c. each side equally.
d. only factually guilty defendants.
Videotaping or other surveillance involves the Fourth Amendment if it occurs in a place
where the defendant
a. is the owner.
b. is not expecting the taping.
c. is deceived by the police about videotaping in a public place.
d. has a reasonable expectation of privacy.
If the scientific theory and/or technique is accepted by higher courts, trial courts may
take ____________ of the validity of these theories and techniques.
a. hearsay exceptions
b. judicial notice
c. positive objections
d. conditional acceptance
The statement by a shooting victim just before they died would probably be admissible
under the hearsay exception for
a. victim statements.
b. murder witnesses.
c. statements for descriptions of present mental condition.
d. dying declarations.
As fact finders, the jury alone determines the ______ given to all evidence.
a. exceptions
b. legality
c. weight
d. sequence
A ________is a direct acknowledgement of guilt.
a. confession
b. no contest
c. nolo contendre
d. alibi
The Constitution’s ____________ Clause and rule against hearsay protect similar
values.
a. Self-incrimination
b. ex post facto
c. Confrontation
d. Venue
Even though a warrantless or suspicionless search may be conducted based on an
administrative or public safety rationale, if evidence of crime is validly obtained during
such a search,
a. the evidence must be suppressed in a criminal case.
b. the evidence may be used in a criminal case.
c. the evidence may be used only if possession of the item seized constitutes a felony.
d. the evidence may not be used in a criminal case unless the defendant consents.
Otherwise valid inventory searches require
a. a warrant.
b. reasonable suspicion.
c. probable cause.
d. no additional evidentiary justification.
In some instances, presumptions may operate against a defendant’s right to
____________ and thus be unconstitutional.
a. counsel
b. subpoena witnesses
c. a public trial
d. a trial by jury
One famous 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 charges.
d. the right to an attorney.
Among the arguments in favor of the exclusionary rule is that
a. it deters police misconduct and is the only practical means to enforce rights.
b. it is necessary to keep unreliable physical and scientific evidence out of the courts.
c. it may result in guilty people being acquitted and innocent people being convicted.
d. it may result in guilty people being convicted and innocent people being acquitted.
In hearsay testimony, the person on the witness stand is
a. the out-of-court declarant (or declarant).
b. not under oath.
c. immune from perjury
d. not the person who personally witnessed or heard the evidence.
The term “____________” is used to describe minute or microscopic pieces of
evidence.
a. invisible
b. latent
c. largesse
d. trace
The Fourth Amendment does not apply if police are lawfully in a place and see a
document in ____________ view.
a. surreptitious or secret
b. covert or concealed
c. occluded or precluded
d. plain or public
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.
The area directly around the home (e.g. yard) is called the
a. interior open field.
b. home extension.
c. curtilage.
d. home exterior.
In ____________ v. U.S., the U.S. Supreme Court held that interception of
communications without any physical intrusion or trespass was covered by the Fourth
Amendment.
a. Gilbert
b. Wade
c. Almanza
d. Katz
In Alabama v. White (1990), the Court held that an anonymous tip could create a
reasonable suspicion if
a. it was corroborated in part by police observation.
b. police obtain the phone number of the anonymous informant.
c. police record the tip.
d. the case is a felony.
The problem with hearsay testimony is that the person who actually saw the events
a. is not on the witness stand.
b. may be dead.
d. cannot be subpoenaed.
d. may have a privilege against self-incrimination.
The term “____________” is used to describe minute or microscopic pieces of
evidence.
a. invisible
b. latent
c. largesse
d. trace
In the Federal Rules of Evidence, one form of statement that is specifically excluded
from the definition of hearsay is a/n _____________ by a party- opponent.
Open fields may be part of the curtilage.
The public ____________ exception to Miranda was established in N.Y. v. Quarles.
Evidence gathered from initial improper conduct is called “fruit of the poisonous tree”.
Inventory searches may be conducted only on reasonable suspicion.
What are the requirements of the physician”patient privilege? What are some of the
exceptions created in some jurisdictions?
Evidence of prior similar crimes or bad acts is never admissible against a criminal
defendant.
Discuss daytime and nighttime warrant executions and no-knock entries. What
problems do you believe are inherent with each? Do you agree with the courts? Why or
why not?
The National Council of Judges recommends that lineups contain at least six persons.
Discuss, describe, compare, and contrast direct and circumstantial evidence. Be sure to
give examples of each.
Dying declarations may be excited utterances and thus potentially admissible under two
exceptions to the hearsay rule.
Of the two DNA tests, courts have shown greater acceptance of the _______ test.
Warrantless searches and seizures inside a __________ are presumptively (generally)
unreasonable under the Fourth Amendment.
The term “_____________ circumstances” means emergency circumstances.
Many jurisdictions have set up special procedures to protect child victims who testify at
the trial of their alleged abuser.
The privilege against self-incrimination is found in the Fifth Amendment.