Statements offered to prove which of the following would be hearsay?
a. no knowledge of any information possessed by the defendant
b. the declarant’s state of mind
c. the effect of the statement on the hearer
d. The declarant was told by the defendant’s mother that she saw the defendant pull the
trigger and fire the fatal shot.
A defendant must have ____________ to legally challenge the admissibility of evidence
under the Fourth Amendment.
a. taciturnity
b. standing
c. compulsion
d. implied consent
For Fourth Amendment analysis, searches and seizures that are not conducted for the
purpose of criminal investigation are termed ____________ searches.
a. special needs
b. administrative discretion
c. public function
d. public service
Under the “forfeiture by wrongdoing” rule, a defendant who deliberately makes a
witness unavailable waives
a. the right to object to hearsay with regard to that witness.
b. the privilege against self-incrimination.
c. the right to cross-examine any witness who presents hearsay about the unavailable
witness.
d. the right to challenge the competence of any witness who presents hearsay about the
unavailable witness.
There are _____ Miranda requirements.
a. two
b. three
c. four
d. five
A person can assert the privilege against self-incrimination
a. only at criminal proceedings.
b. only in civil proceedings.
c. only at the grand jury.
d. at any judicial proceeding.
If the police can show they would have eventually found the evidence anyway by legal
means, it may trigger the ____________ exception to the exclusionary rule.
a. exigent circumstances
b. inevitable discovery
c. independent source
d. attenuation of the taint
Difficulty may occur in seizing evidence without court order for
a. wallets.
b. cell phones.
c. briefcases.
d. purses.
If a search isconducted solely by a ________ person, the exclusionary rule does not
apply
a. private
b. government
c. consenting
d. coerced
The oldest application of judicial notice is for
a. matters generally known within the community or state.
b. scientific principles.
c. the identity of defendants.
d. published official records.
The Supreme Court held in ________ that tire tracks could be used as evidence if there
was no violation of the privacy right.
a. Richards
b. Marsh
c. Biggers
d. Cardwell
To be admissible as evidence, confessions and statements must be made ________ and
freely.
a. faithfully
b. voluntarily
c. accusatory
d. prejudicial
Using bite marks as evidence is most often done in cases of
a. homicide.
b. fighting.
c. kidnapping.
d. robbery.
Courts have had conflicting opinions about the application of the
____________________ doctrine when improper police conduct consists of the failure
to give the Miranda warning.
Denial of ownership to the police can result in abandonment.
Even if police do not have a warrant, they can still search a computer or any location if
they have consent from a person in authority.
The Confrontation Clause is found in the Fifth Amendment.
Knock-and talk sessions can become “________”, if the questioning changes from
consensual to interrogation, and may result in constitutional violations.
Non-verbal acts (such as a nod of the head) can never be hearsay.
The following types of circumstantial evidence may be used to show that documents are
authentic and genuine.
Society pays a high price to secure the exclusionary rule’s benefits.
In Nix v. Williams, the inevitable discovery rule was adopted.
The prosecution must prove the defendant’s guilt beyond a/n ____________.
Define the concept of standing. When does a defendant have standing to challenge a
police search of a place or things? Be sure to provide examples.
The U.S. Supreme Court has specifically upheld the use of vehicle checkpoints to
enforce immigration laws.
According to Wigmore (a famous scholar on the law of evidence), the rule against
hearsay was a great contribution to the English legal system.
Discuss the functions of impeaching a witnesses’ testimony.
Rental agreements which have expired are considered abandoned and are not subject to
the exclusionary rule.
______________ evidence is evidence that proves a fact in issue indirectly.
The federal government has a privilege not to disclose military or diplomatic secrets
vital to national security.