Criminal evidence by young money

A suspect arrested without an arrest warrant must have a probable cause determination made by a judge or magistrate "promptly," within ___ hours of the arrest, including weekends and holidays.

48

Which of the following is not required under Miranda before confessions are admissible?

An attorney must be present during warnings and waiver.

Every error at a trial entitles the defendant to a new trial.

False

In 1975, Congress enacted the ____________, which had great influence on state rules of evidence.

Federal Rules of Evidence

The privilege against self-incrimination (which includes the right of a defendant not to testify) is found in the ___________ Amendment.

Fifth

The US Supreme Court upheld the constitutionality of statutes requiring those arrested to submit to mandatory DNA samples in which recent landmark decision?

Maryland v. King

Which of the following is the weakest argument in favor of guilty plea pursuant to a plea bargain?

Pleas are a more open and well-informed procedure than a trial.

_______businesses may conduct drug testing of employees without fear of Fourth Amendment rights

Private

The prosecution has to prove the defendant's guilt

beyond a reasonable doubt.

Under the Sixth Amendment, defendants have a right to a/n ____________ jury.

impartial

The federal government and Indiana (which follows the same time-frame) requires a trial within _______ days for a felony if the right to speedy trial is demanded.

70

The First ten Amendments to the U.S. Constitution are called the ____________

Bill of Rights

______________ evidence is evidence that proves a fact in issue indirectly.

Circumstantial Circumstantial Circumstantial

The U.S. Supreme Court has specifically held that checkpoints for which of the following purposes does not violate the Fourth Amendment?

Driving while intoxicated enforcement

The ________ Amendment of the U.S. Constitution states that "Excessive bail shall not be required.

Eighth

The defense carries the burden of proving the defendant is not guilty.

False

The requirement that only voluntary confessions be admitted grows out of the ____________ Amendment.

Fifth

The writ of ________________ is a means of challenging the government's authority to detain or imprison people

Habeas Corpus

The case establishing limits to identification checkpoints in public housing projects was

Indianapolis v. Edmonds

A/n ____________ is a formal criminal charge issued by a prosecutor.

Information

At a trial, the ___________ resolves questions or issues of law.

Judge

At a jury trial, the ____________ determines the facts of the case.

Jury

Although an appellate court may find that errors were committed at the trial, only ____________ errors will result in a new trial.

Reversible

After a suspect is charged with a crime, his/her _____Amendment right to an attorney must be observed.

Sixth

The Confrontation Clause is found in the __________ Amendment.

Sixth

The right to a speedy and public trial is found in the __________ Amendment.

Sixth

The Massiah rule is designed to protect the defendant's

Sixth Amendment right to an attorney.

The keystone of American federalism is the ________________.

U.S. Constitution

Depending on the location of the evidence or the circumstances under which it is obtained, limitations apply to the _________of physical evidence obtained by the police.

admissibility

In a/n ____________ system of justice, a trial is a battle between two opponents.

adversary

In a typical conditional plea, the defendant pleads guilty but reserves the right to

appeal certain issues.

To validly search vehicles at border crossings, federal agents

are not required to have any warrants or individualized suspicion.

At the procedure termed ____________, the defendant will enter a formal plea to the charges.

arraignment

In general, government employee supervisors may search government owned desks, file cabinets, and computers for work-related matters

at any time without any minimum amount of suspicion.

The greatest risk of granting _________ is flight.

bail

The purpose of _____ is to assure the defendant's appearance at trial.

bail

Under American law, the defendant is presumed innocent and the government must prove guilt

beyond a reasonable doubt.

A defendant's offer to plead guilty

cannot be used as evidence if the defendant goes to trial.

A ________is a direct acknowledgement of guilt.

confession

The Bruton rule is designed to protect the defendant's

confrontation rights under the Sixth Amendment.

Facts that show that a crime has actually taken place is referred to as the __________ of the case

corpus delicti

Under the ____________ rule, a conviction cannot be based solely on an uncorroborated confession.

corpus delicti

The rules of evidence

determine what information will be available to the judge or jury at trial.

In a __________ administration of a line-up, neither the investigator administering the lineup nor the witnesses know the suspect's identity.

double blind

Affirmative defenses include insanity, immunity, _______, and double jeopardy.

entrapment

Under American law, defendants have a right to a ________ trial.

fair

The Bill of Rights originally applied to the ______________ government.

federal

The system in which power is shared between state and federal governments is called ____________.

federalism

The U.S. Supreme Court lowered the standards for search warrants to facilitate government searches to enforce

fire, health, and housing codes.

Through operation of the ____________ Amendment, most of the Bill of Rights' provisions are also applicable against the states.

fourteenth

Evidence obtained as a result of the administrative _________is admissible if performed within the guidelines established by law.

function

Because it is not required by the U.S. Constitution, only about half the states give defendants a right to

grand jury review.

If a criminal prosecution has begun, the defendant has a constitutional right to ____________ at a lineup.

have an attorney present

To be entitled to Miranda warnings, the suspect must be both

in custody and subject to government interrogation designed to elicit incriminating responses.

Statement or conduct from which guilt of the crime can be inferred is called a/an?

incriminating statement

A/n ___________ is a formal criminal charge issued by a grand jury.

indictment

The formal charging document issued by a grand jury is called a/n ____________.

indictment

Circumstantial evidence requires that the fact finder draw ______________.

inferences

Under American law, the defendant is entitled to the presumption of ____________.

innocence

In criminal cases in many states, including Indiana, polygraph evidence

is admissible if both parties agree.

Competent evidence is reliable, relevant evidence that

is not excluded by additional rules of evidence.

The U.S. Supreme Court set a much ______standard for obtaining a fire, health, or housing inspection search warrant

lower

If a witness is shown only a single photograph and identifies the person in the photo as the perpetrator, the identification

may be suppressed because it is too suggestive.

Means, opportunity, and _____________ are frequently used as circumstantial evidence of guilt.

motive

Otherwise valid inventory searches require

no additional evidentiary justification.

Evidence is not relevant (irrelevant) if it is

not related to any fact or issue in the case.

In the federal system and most states, if the defendant raises the insanity defense, the burden of proof is

on the defendant to prove the defense.

At a minimum, an arrest requires

probable cause.

The U.S. Supreme Court has created a/n ____________ exception to Miranda.

public safety

Inmates in prisons and jails may be searched for weapons or contraband

randomly or at any time without any particularized individual suspicion.

Drug testing of law enforcement and correctional personnel and certain categories of public school students may be done without a warrant if done

randomly or based on individualized reasonable suspicion.

Under the Fourth Amendment, a person has been seized when a ____________ person under the circumstances would conclude that they are not free to leave.

reasonable

Protective sweeps or safety checks may be conducted during a valid arrest on the basis of

reasonable suspicion.

Stop and frisk require that the officer have, at a minimum,

reasonable suspicion.

Lineups properly run increase the __________of the identification evidence.

reliability

___________ evidence is that which possesses a significant degree of believability.

reliable

The Tenth Amendment to the U.S. Constitution states that powers not delegated to the United States are

reserved to the States or the people.

During a valid traffic stop to issue a traffic ticket, officers may not lawfully (automatically) do all but which of the following?

search the vehicle

Which of the following is not a "closely regulated industry" for Fourth Amendment purposes?

shoe repair shops

Which of the following identification procedures is generally the most suggestive?

showup

The National Council of Judges recommends that a lineup include a total of at least ________ similar-appearing persons.

six

For Fourth Amendment analysis, searches and seizures that are not conducted for the purpose of criminal investigation are termed ____________ searches.

special needs

Most crimes committed in the U.S. are

state crimes.

The U.S. Supreme Court has specifically held that public school boards may require random drug testing of

student athletes and those involved in extracurricular activities.

Lineups are used to minimize __________.

suggestiveness

Which of the following warnings is not required by Miranda?

suspect has a right to terminate interrogation at any time

In most appeals,

the appeals court reviews the records for errors.

If a defendant refuses to enter a plea,

the court will enter a plea of not guilty.

If a defendant wants to plead guilty,

the defendant must waive a number of rights.

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,

the evidence may be used in a criminal case.

With regard to eyewitness identification procedures, due process requirements of fairness require that

there be no suggestiveness in the procedure.

In an Alford plea, the defendant pleads guilty but refuses

to admit guilt.

In cases where the voluntariness of a confession is challenged, courts will look at the

totality of the circumstances.

Reliable evidence is defined as evidence that is likely to be

true or accurate.

The Fourth Amendment only prohibits ____________ searches and seizures.

unreasonable

To be admissible as evidence, confessions and statements must be made ________ and freely.

voluntarily

Which of the following is not a Fourth Amendment search or seizure?

voluntary encounter

A consent to search is a _____________ of Fourth Amendment protections.

waiver

The purpose of a frisk is to find

weapons

With regard to lineups, most agencies and organizations recommend that

witnesses view the lineup and make identifications in isolation from other witnesses.