Modern _________exceptions occur frequently in sexual abuse cases.
A person admitting the commission of a crime is making a statement against
_________________.
A long delay in reporting a sexual assault could be a factor considered by a jury in
determining whether there was _______to the sexual act.
Explain and discuss how exceptions to the hearsay rule endanger the Sixth Amendment
right to confrontation. Be sure to provide examples.
Hearsay rules have been relaxed for children for several purposes. Discuss the factors
that relate to the reliability of children’s statements. Do you believe there are victims,
besides the children, because of the exceptions in child abuse cases? Why or why not?
What might be the pitfalls of this exception? (LO5, 174-175)
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?
Discuss, describe, compare, and contrast the protections of the Fourth and Fifth
Amendments with regard to documents. Be sure to provide examples.
Scientific evidence is usually presented through the use of ____________ witnesses.
Explain the biological theory underlying DNA testing and how such evidence is usually
presented in court.
All states and the federal government have some form of the marital privilege.
There are no exceptions to the knock and announce rule for executing warrants.
Scent evidence may be used to gain a conviction of a suspect.
Use of a thermal imaging device to investigate a home is a Fourth Amendment search.
The plain view doctrine requires that the officer legally be in the place from which the
evidence is viewed.
According to the 2008 Columbia Law Review article “Judging Innocence”, two-thirds
of the defendants making false confessions were juveniles, mentally retarded, or both.
If the police can show they would have found the evidence eventually by legal means, it
may trigger the independent source exception to the exclusionary rule.
In some circumstances, presumptions can interfere with the defendant’s right to have the
jury decide the facts of the case.
Due to the length of time that U.S. military service members are still missing from
WWII, the Korean War, and the Vietnam War, DNA samples will be useful in
identifying remains found.
Some states still have a “fresh complaint” exception to the hearsay rule.
Under the Federal Rules of Evidence, certain types of prior statements by witnesses are
excluded from the definition of hearsay.
The common law hearsay rule and exceptions were initially created to comply with
Confrontation Clause requirements.
Undercover law enforcement officers do not plan on making an arrest they not have to
give Miranda warnings and do not have to disclose their true identity.
Under the Fourth Amendment, drug detection dogs may not be used during routine
traffic stops.
Upon being called as a witness, a witness will first be subject to direct examination by
the party that called them.
Protective sweeps or safety checks may be conducted during a valid arrest on the basis
of
a. probable cause.
b. reasonable suspicion.
c. clear and convincing evidence.
d. subjective suspicion.
The Confrontation Clause is found within the ________ Amendment.
a. co-conspirators.
b. statements to physicians.
c. Sixth
d. child victims of abuse.
The U.S. Supreme Court made the exclusionary rule mandatory in federal courts in
a. 1821.
b. 1902.
c. 1914.
d. 1961.
If the government forced a person to create or produce an incriminating document, it
would violate the _____________ Amendment.
a. Fourth
b. Fifth
c. Sixth
d. Seventh
The Court held that law enforcement officers may make “warrantless entries and
searches when they reasonably believe that a person within is in need of __________
aid”
a. preventative
b. minor
c. serious
d. immediate
In California v. Greenwood, the U.S. Supreme Court upheld police search and seizure
of a garbage left on the curb by the defendant for pickup because the defendant
a. signed a waiver agreement with the trash hauler.
b. consented to the search.
c. had no incriminating evidence in the trash.
d. had no reasonable expectation of privacy in the trash.
The prosecution has to prove the defendant’s guilt
a. by a preponderance of the evidence.
b. by clear and convincing evidence.
c. beyond a reasonable doubt.
d. beyond probable cause.
Questioning of a witness by the party that called that witness is called ____________
examination.
a. cross
b. central
c. straight
d. direct
In court, similar crimes by the defendant
a. are never admissible.
b. are always admissible.
c. is always competent evidence.
d. may be admissible under some circumstances.
Which of the following identification procedures is generally the most suggestive?
a. lineup
b. photographic display
c. victim looking through books of mug shots
d. showup
The Bruton rule is designed to protect the defendant’s
a. confrontation rights under the Sixth Amendment.
b. privilege against self-incrimination.
c. right to present a defense.
d. right to equal protection.
Lineups properly run increase the __________of the identification evidence.
a. truthfulness
b. validity
c. suggestiveness
d. reliability
The famous trial of ____________ in 1603 prompted concern about the use of hearsay
in English trials.
a. Sir Walter Raleigh
b. Benjamin Franklin
c. Robert Bruce
d. Oliver Cromwell
The exclusionary rule forbids the use of evidence tainted or soiled by improper or
illegal police conduct in criminal cases. Such evidence, however, can be used in
_______ cases.
a. appeals
b. civil
c. federal
d. international
The 1670 jury trial of ____________ in England was an important milestone in
establishing the independence of juries from influence by the government.
a. Benjamin Franklin.
b. Sir Walter Raleigh
c. Robert Palmer
d. William Penn
Inmates in prisons and jails may be searched for weapons or contraband
a. only with a warrant.
b. only upon probable cause.
c. only upon reasonable suspicion.
d. randomly or at any time without any particularized individual suspicion.
The type of evidence which excluded pursuant to the exclusionary rule includes all but
one of the following
a. physical evidence.
b. confessions.
c. eyewitness and voice information.
d. witness evidence.
If police lawfully enter premises during some emergency and have probable cause to
seize the item, incriminating items may be admissible under the ____________
exception to the warrant requirement.
a. plain view
b. consent
c. inculpatory evidence
d. automobile
Only the exception for ____________ applies to the fruit of the poisonous tree doctrine.
a. good faith
b. inevitable discovery
c. independent source
d. attenuation of the taint
Although illegal child pornography is one of the fastest-growing businesses on the
Internet, most of the illegal websites are _________.
a. run by hackers
b. overseas
c. secured by firewalls
d. free
In 1999 the U.S. Supreme Court held that theDaubert test was applicable to
__________ as well as scientific evidence.
a. blood.
b. hair.
c. technical
d. fingerprints.
Consent must be voluntary for a valid warrantless search. Other factors that may be
considered in determining whether a search was voluntary are
a. age.
b. mental impairment.
c. intoxication.
d. all of these.
A search warrant authorizing officers to enter a home or office does not authorize the
officers to search a computer found in the premises, unless the search warrant identifies
the __________as part of the authorized search
a. peripheral
b. file
c. owner
d. computer
Those archival studies that have been made conclude that misidentifications lead to the
conviction of innocent persons about ___of the time.
a. 1/2
b. 1/3
c. 1/4
d. 3/4
If a criminal prosecution has begun, the defendant has a constitutional right to
____________ at a lineup.
a. have an attorney present
b. cross-examine the witnesses
c. select the other participants
d. have the lineup videotaped
Lineups are used to minimize __________.
a. suggestiveness
b. redundancy
c. stress for the victim
d. inefficiency
Evidence consists of the materials presented to the trier of fact
a. pursuant to presumptions.
b. to convince them of the existence of a fact.
c. to explain the judge’s instructions.
d. to attempt to contradict inferences.
In general, to be deemed a competent witness, the witness must, among other things,
a. have personal knowledge of the matters.
b. be 21 years of age or older.
c. have at least a sixth grade education.
d. not be biased about the case.
Where, however, a significant period of time goes by between the improper conduct and
the new evidence, the U.S. Supreme Court has long held that the “_________” from the
improper conduct can be dissipated.
a. taint
b. consequences
c. repercussions
d. impact
The privilege against self-incrimination is found in the __________ Amendment.
a. Fourth
b. Fifth
c. Sixth
d. Eighth
In Dickerson v. U.S. (2000), the U.S. Supreme Court held that Congress
a. cannot overrule Miranda.
b. can overrule Miranda in state courts.
c. cannot overrule Miranda unless it uses its power to regulate commerce.
d. can overrule Miranda in federal courts.
The rescue doctrine used in California courts is similar to the Supreme Court’s
___________ exception to Miranda.
a. conspicuous emergency
b. Homeland Security
c. public safety
d. confidentiality
Under Michigan v. _____________, the U.S. Supreme Court authorized detention of the
occupants of a place while a valid search warrant was being executed.
a. Moseley
b. Witherspoon
c. Summers
d. Johnson
In ____________ v. Arkansas, the U.S. Supreme Court dealt with the admissibility of
hypnotically refreshed testimony.
If drugs are thrown away and the police have exhibited proper conduct in causing the
abandonment, the drugs can be used as evidence.
The Confrontation Clause requires that states create exceptions to the hearsay rule.
A judge can take judicial notice of the validity of the theories and techniques underlying
scientific evidence.
Under the Federal Rules of Evidence, there is an exemption from the definition of
hearsay for certain statements by co-conspirators.
Police chasing a suspect into a home may be able to rely on the ____________
exception.
Miranda warnings are not required if the person is not in custody.
If a party does not want a witness to answer a question, that party must object to the
question.
In the absence of a confession or admission, intent must usually be proven by
circumstantial evidence.
Describe the 1970 California Supreme Court decision that defines “general knowledge”
in reference to judicial notice.
Public schools may randomly drug test students involved in ______________ activities.
Discuss corpus delicti in relation to circumstantial evidence.
Wiretapping and electronic eavesdropping are not covered by the Fourth Amendment.
What did the U.S. Supreme Court hold in U.S. v. Patane (2004)? What was the Court’s
rationale? Explain why you agree or disagree with this decision.
Between the Frye and Daubert tests came the Frye ___________ test.