Final Study Set

False

"No Knock Warrants" are never allowed.

False

A "seizure" pertains only to property.

False

A Harmless error rule identifies errors made at a trial that would support an appellate action.

True

A Judge can be the trier of fact and trier of law.

False

A Jury determines competency, relevancy and materiality of evidence.

True

A Jury determines if evidence is to be believed.

False

A Miranda warning is exact therefore, the exact words cannot be modified.

True

A Miranda warning is not required during a voluntary interview.

True

A canine can be used for searches for a reasonable but brief period of detention.

False

A detailed record of crime scene evidence can be completed after items are collected and packaged for storage.

False

A dying declaration is not deemed trustworthy due to imminent death.

True

A forensics document examiner can determine whether a check is forged.

False

A gag order is often used to keep publicity informed.

False

A good faith exception is not permitted if the police believed the search was legal.

False

A stipulation is an agreement between the prosecution and defense and must always be in writing.

False

A strip search is not permissible during a booking procedure.

False

A suspect can refuse to provide samples of bodily fluids based on 5th Amendment.

True

A suspect is entitled to Miranda warnings one in custody.

False

A suspect must be mirandized prior to an actual arrest.

True

A warrant allows an arrest in any situation.

False

"Ancient documents" under the Federal Rule of Evidence, requires the document to be at least 50 years old.

True

Appellate courts decide how a law should be applied through legal precedence.

True

Any Miranda warning must be knowing, intelligent and voluntary.

True

Certified copies of original public records can be admitted as evidence in the absence of the original.

False

Circumstantial evidence is evidence that directly proves a fact.

False

Computer generated diagrams do not need to be made to scale from evidence that is admitted in a case.

False

Consent to search must be voluntary and police need to inform them they can decline.

True

Conversations that are protected need an expectation of privacy.

True

Corroboration can be used to bolster the testimony of a witness.

False

Criminal courts must establish a preponderance of evidence for guilty verdicts.

True

Cumulative evidence repeats other evidence or facts.

False

Executive privilege is an unlimited privilege.

False

Experts are used to show probability of guilt or innocence.

True

Few juries are actually sequestered.

False

Fingerprints can be required during a detention.

True

For indigent defendants there are little independent investigation efforts.

True

Force used by officers must be reasonable to affect arrest or detention.

True

Forensic anthropologists assist in identifying skeletal remains and decomposing bodies.

False

Generally, a suspect has a right to have counsel present during a line-up.

False

Grand Juries hear evidence presented by the prosecution and defense before making a decision.

True

Over 95% of all trials now end in plea bargains.

True

Parolees and those on probation may be required to consent as a precondition of release.

True

Police can place a wiretap covertly and enter a residence in certain circumstances.

False

Police cannot enter property that is not enclosed.

False

Police cannot trespass on private property.

False

Police informant identities can always be deemed confidential.

False

Polygraphs are commonly accepted by the courts as evidence.

False

Property that is abandoned still has an expectation of privacy and may not be searched and seized without a warrant.

False

Psychiatrist can verify as to the type and degree or mental illness, including an insanity determination.

True

Public phone are covered by an expectation of privacy and wiretap warrants are needed.

False

Rape Shield Laws have resulted in states expanding what questions can be asked of a rape victim.

True

Rehabilitation of a witness is an attempt to restore their credibility after being impeached.

True

Relevant evidence is any evidence that makes any fact important to the case, more or less likely.

False

Roadblocks can be allowed to simply check for outstanding warrants from drivers.

True

Scientific evidence is admissible when it is generally accepted in the scientific community.

True

Searches prior to an arrest is limited to the area under the suspect's control.

True

Silence before or after a crime cannot be admitted as evidence of guilt.

False

State Supreme Courts interpret the federal and/or their own state's constitutions.

True

Statements are hearsay if they were not made in court under oath at the hearing or trial that is currently being conducted.

True

Statements made in circumstances that indicate there is an expectation of confidentially, may be privileged.

False

Students have more privacy than the general public.

False

Suspects have a right to refuse to participate in lineup when in lawful custody.

False

Testimonial evidence need not be given under oath.

False

Testing errors of evidence cannot prevent the admission of evidence being admitted if human error is present.

False

The "chain of custody" for evidence does not pertain to law enforcement agency personnel.

True

The 11th Amendment establishes immunity for state officers in their official capacity.

False

The 1st Amendment creates a special media privilege.

True

The 4th Amendment bars warrantless searches and seizures.

False

The Battered Women's Syndrome can be raised to exonerate criminal responsibility.

False

The Beyond a Reasonable Doubt Standard means proof beyond any doubt.

True

The Burden of Proof refers to the amount and quality of evidence necessary to establish each element of a crime.

False

The Plain View Doctrine does not apply to aerial searches.

True

The Prosecution cannot appeal a not guilty verdict.

True

The Prosecution must meet the burden of proof in criminal trials.

True

The US Supreme Court rules on the constitutionality of laws.

False

The attorney-client privilege is maintained even if communication is made in the furtherance of a future crime.

False

The clergy-penitent privilege applies to all states for child abuse cases.

False

There are no business records exemptions to the hearsay rule.

False

There is a strong preference for warrantless over warrant issued arrests.

True

There is no need for a warrant if one party consents to an electronic tap or if they are the police.

True

Traditionally, show-ups were limited to emergency situations.

True

A show-up involves a single suspect being shown to the witness.

True

A speed limit sign is a self authenticated sign.

True

Once involked, the right to remain silent should itself be protected.

True

A spontaneous statement after and about an event can be considered an exception to hearsay.

False

The defense presents their case before the prosecution outlines their case strategy.

True

The defense seeks to show misidentification in a trial and often focuses on problems like eyesight or poor memory.

False

The general rule is that past crimes are admissible pertaining to the defendant.

False

The husband-wife privilege also extends to cases of bigamy or fraud in marriage.

False

The husband-wife privilege applies to all private communications but not those before marriage.

False

The judge is the only entity that sets a criminal penalty.

False

The media has no right to cover trials.

True

The only contact with jurors should be at trial while testifying.

True

The opinion of a lay witness can never be admissible.

False

The physician-patient privilege covers what is necessary for treatment, including casual conversation or overheard comments.

True

The prosecution must establish a strong chain of custody with evidence.

True

The prosecution often attempts to focus on the accuracy of its witnesses.

True

The prosecution often has a close relationship with the police.

True

The prosecution seeks to show past act(s) are similar to the current crime thus showing it wasn't an accident.

False

The side defending against a scientific test of evidence has the burden of convincing the judge that it has scientific validity.

False

The standard for an arrest is "reasonable suspicion".

True

Wiretap records must be kept for 10 years.

False

Wiretaps do not require probable cause.

False

Witnesses are rarely requested to make identifications at trial.

true

Witnesses can be "impeached" during a trial.

False

Witnesses cannot be impeached because of their reputation.

False

Witnesses cannot use materials to refresh their memory.

True

Individuals must have similar characteristics for lineups.

False

Inevitable discovery is not an exception to the exclusionary rule.

True

Inference is a logical conclusion based on a fact or facts.

False

Issues that were not raised in a trial court can be used for an appeal.

False

It is a misdemeanor to conduct an illegal wiretap.

False

It is a violation of the 5th Amendment of a suspect to verbalize certain words during a line-up.

True

A judicial notice is a procedure whereby the judge instructs the jury to conclude a fact exist.

True

A line-up involves multiple shown to a witness as a group.

False

A person cannot be convicted based on hearsay evidence.

False

A person's reputation is never an exception of the Hearsay Rule under the Federal Rues of Evidence.

True

A presumption is a legal inference or assumption.

True

A presumption of innocence requires the prosecution to prove all elements of the crime.

False

A prima facie case exist when there is not enough evidence to allow a judge to rule in a party's favor.

True

A prosecutor or defense attorney cannot introduce pictures into evidence without laying a foundation for them.

True

A search area may be expanded for the personal safety of police.

True

A search warrant generally limits a search by police.

False

A second interrogation will need a new Miranda warning, even if given in the first interrogation.

False

After a jury votes to convict, a judge has the authority to enter an acquittal despite the jury's decision.

False

All criminal trial jury decisions must be unanimous.

True

All items that are admitted into a trail must be authenticated.

False

An "indictment" is initiated by the District Attorney.

True

An admission of a party and used at trial against them is not hearsay.

True

Ballistic experts may offer testimony related to bullets or firearms.

False

Behavior can be observed before, during but not after a crime in support of circumstantial evidence.

False

Blood stained evidence needs to be packaged before it dries.

True

Blood typing is a quick and inexpensive way to eliminate a person as a suspect.

True

It is not uncommon for witnesses to forget details.

False

Juries are informed of plea bargain negotiations.

False

Jurors cannot be asked individually about their vote.

True

DNA sampling is the most requested scientific test requested.

True

Deadly force can be used only if the police or public are in danger of death or serious injury.

False

Direct evidence is evidence that does not establish something as true.

False

Double jeopardy applies if a no verdict is reached at trial (hung jury).

True

Each piece of physical evidence needs a witness to guide it to admission in court.

True

Emergency wiretaps can be placed immediately.

False

Evidence are speculations that tends to prove or disprove the existence of an alleged crime.

True

Evidence derived from an illegal search is inadmissible.

False

Evidence that distracts from the main issues at trail cannot be excluded.

False

Hearsay is never admissible in court.

True

Hearsay is not admissible in court because a person can lie.

True

Hearsay may be accepted if a declarant is unavailable due to death.

False

ICE (Immigration and Custom Enforcement) need a warrant to check for illegal aliens at a workplace.

True

If police see evidence of a crime they can seize it.

True

If possible, each witness should be deposed by either a written or oral statement regarding what they will say in court.

False

If there is a declared "hung jury", no retrial is permitted.

True

In order for evidence to be entered into a trail, the item(s) must be shown to the opposing counsel before testimony about it is introduced.

False

Law enforcement can seize evidence because police suspect crime.

True

Miranda rights can be waived by intoxicated individuals.

True

Modus operandi is defined as a different pattern of behavior or plan.

False

Most courts do not allow witnesses to use models, maps and diagrams to illustrate their testimony.

True

Most states have expanded the exceptions to the Hearsay Rule so that more hearsay can be used in court.

True

Most wiretap warrants are for drug cases.

False

Most wiretaps were from business phones.

True

Motive is a reason for committing an act.

True

No state has a statute of limitation on murder.

True

Often witnesses and victims feel forgotten in criminal trials.

True

Once in physical confinement, virtually any search is permissible.

False

Notarized documents are not "self authenticated" documents.

False

The credibility of witness testimony can be grounds for an appeal.

False

Under the 1st Amendment, no person can be required to make a statement against themself in a criminal proceeding.

True

Under the Exclusionary Rule, evidence illegally obtained is inadmissible in court.

True

Victims of crime may suffer from severe psychological impacts.

False

Warrants are always required to enter homes.