Admin Criminal Justice Midterm
To fall within the hearsay rule the declarant's statement must be a ____ statement
Assertive
The US. Supreme Court has held that trial judges must give juries a definition of proof beyond a reasonable doubt
False
The fruit of the poisonous tree doctrine does not apply to physical evidence
False
The ____ has a privilege for confidential communications with top advisors
President
___ ____ ____ were designed to protect victims at sexual assault trials
Rape Shield Laws
Direct evidence is generally more powerful and convincing than circumstantial evidence
True
Evidence gathered from initial improper conduct is called "fruit of the poisonous tree"
True
One of the purposes of the right to a jury trial is to protect people against overzealous prosecutors and biased judges
True
One of the purposes of the rules of evidence is to help assure that defendants get a fair trial
True
The concept of federalism means that government power is shared between, state and federal governments
True
The exclusionary rule exacts a social cost when it is used to exclude relevant reliable evidence
True
The general rule is that hearsay evidence is not admissible
True
The husband-wife privilege does not apply when one spouse has committed a crime against the other spouse
True
The right of habeas corpus is protected by the US. Constitution
True
When originally ratified, the Bill of Rights limited the powers of the federal government, not the powers of the states
True
Adult witnesses are presumed to be competent witnesses
True.
In a jury trial, it is the province of the jury to determine the credibility of the witnesses and the weight to be given to their testimony
True.
Direct evidence is evidence that proves a fact
Without the need of inferences or presumptions.
In the definition of hearsay, the _____________ is the person who originally made the statement
declarant
The primary justification for the exclusionary rule is
discouraging or deterring police misconduct.
An ordinary witness may give an opinion about
things which are in the common knowledge of most people.
Prosecutors generally have a privilege not to reveal the
identity of confidential informants.
Relevant, reliable evidence may be inadmissible if it is ____
incompetent
The first ten amendments to the US. Constitution are known as the
,Bill of Rights
The US. Constitution provides that state judges are not bound by the U.S. constitution, but by their state constitution
.False.
To qualify for the hearsay exception for ancient documents, the document must be over _______ years old
20.
Protection against illegal search and seizure is guaranteed by the ___________ Amendment
4th.
A judge can take judicial notice of facts that are known solely to the judge
False
A written document cannot be hearsay evidence
False
Evidence of prior similar crimes or bad acts is never admissible against a criminal defendant
False
If a defendant does not testify at trial the jury may validly use this as circumstantial evidence of guilt
False
If a law clerk or secretary of the attorney is present during the attorney-client meeting the privilege is waived
False
One of the goals of the criminal justice system is seeking a retribution for victims
False
If a defendant and prosecutor agree to a plea bargain and guilty plea, the judge cannot lawfully refuse the plea and plea bargain
False.
In most jurisdictions, a defendant who is charged with a misdemeanor has a right to both a preliminary hearing and grand jury review
False.
The hearsay exception specifically for statements by child abuse victims existed at common law
False.
In terms of procedure
Felony and misdemeanor cases have exactly the same procedures
A defendant's right to testify does not include the right to commit ____
Perjury.
In addition to having indicia of reliability, the dying declarations exception to the hearsay rule has also been justified on the basis of public necessity
True
Most jurisdictions and the federal government require a showing that the declarant is unavailable to trigger at least some hearsay exceptions
True
One of the purposes of some of the rules of evidence is to assist in finding the truth
True
The United States was the first country in the world to utilize a federal form of government
True
The first witness to testify in a criminal case is prosecution witnesses
True.
A ______________ is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition
excited utterance.
One of the exceptions to the exclusionary rule and fruit of the poisonous tree doctrine is the _____________ source doctrine
independent.
Circumstantial evidence is evidence that proves a fact in issue
indirectly or by inference.
The doctrine making the exclusionary rule applicable to evidence obtained indirectly from unconstitutional police conduct is termed the ___________ doctrine
inevitable discovery
Under American law, the defendant is entitled to the presumption of ____________
innocence.
If a defendant refuses to enter a plea, the court will enter a plea of
not guilty
The hearsay rule does not apply to various _____________that would otherwise literally fall within the definition of hearsay
out of court statements
There is a hearsay exception for business, government, and religious records as long as the records are
regularly kept.
Competent evidence is reliable relevant evidence that is not excluded by additional
rules of evidence
The primary purpose of judicial notice is to
save time and effort.
Most crimes committed in the US. are
state crimes
People can assert the privilege against self-incrimination only for ____ evidence
testimonial or communicative.
An indictment is a formal criminal charge issued by
the grand jury.
Children may testify only if
the judge allows them to testify after the child is questioned, voir dire.
To fall within the hearsay rule the testimony must be offered to prove the
truth of the matter asserted in the statement.
Hearsay exceptions utilized by the government threaten values protected by the Sixth Amendment's ____________ Clause
Confrontation
A ___ is a formal criminal charge issued by a prosecutor
Criminal Complaint
Every error at a trail entitles the defendant to a new trail
False
Exceptions to the hearsay rule mandate that the hearsay offered have some
Indicia of reliability
To be admissible testimony must be relevant, competent, and ____
Material.
Means, opportunity, and ____ are frequently used as circumstantial evidence of guilt
Motive
Proof is the result of
evidence.
Defendants who decide to testify at their trail
may be cross-examined.
The American Declaration of Independence 1776 the government derives its powers from
the people by their consent
Determine what information will be available to the judge or jury at trail
the rules of evidence
There is a hearsay exception for statements about then existing mental, emotional, or physical ____________
Conditions
An___ is a formal criminal charge issued by a grand jury
Criminal indictment.
Knock-and talk sessions can become "________", if the questioning changes from consensual to interrogation, and may result in constitutional violations
Custodial.
In our adversary system, the prosecution has no obligation to reveal any evidence to the defense
False
Non-verbal acts such as a nod of the head can never be hearsay
False
The privilege against self-incrimination can be asserted only in criminal proceedings
False
Any time the prosecution loses, displaces, or destroys important evidence in a criminal case, it is automatically a violation of due process
False
Evidence obtained illegally by wiretapping or electronic eavesdropping is not subject to the exclusionary rule
False
A conspiracy is an agreement between two or more people to commit an illegal act
True
The oldest confidential communication privilege known to common law was the ____
attorney-client
Under American Law, the defendant is presumed innocent and the government must prove guilt
beyond a reasonable doubt
A subpoena duces tecum is a subpoena that orders the person to
bring certain items or records with them to court.
If a person is engaging in conduct that is not meant to __________, this would generally not be treated as hearsay because there is no attempt to be assertive
communicate.
The use of hearsay potentially involves a violation of the defendant's right to
confront and cross examine adverse witnesses.
Which of the following is a firmly rooted hearsay exception in the law of evidence?
excited utterance
If the police can show that the evidence was discovered by two methods, one of which was lawful, it may trigger the ____________ exception to the exclusionary rule
independent source
If evidence potentially favorable to the accused is lost, destroyed, or misplaced, this is a violation of due process only if the government acted in ____________ ____________
Bad Faith.
There is an exception to the psychotherapist-patient privilege for ____ patients
Dangerous
Although statements by a patient to a physician for treatment or diagnosis may be privileged, there is no hearsay exception for such statements
False
Circumstantial evidence requires that the fact finder draw ____
Inferences
Among the arguments in favor of the exclusionary rule is that
It deters police misconduct and is the only practical means to enforce rights.
The husband-wife privilege is also known as the ____ privilege
Marital.
The US. Supreme Court has refused to apply the derivative evidence rule to physical evidence obtained after obtaining a confession in violation of ____________ v. Arizona.
Miranda
____ Evidence is that which possesses a significant degree of believability
Reliable
Voir dire is a French term that means "to speak the ___
Truth.
The burden of proof states the level of proof a part must meet to
Ultimately win the case.
In the American ____________ system of criminal prosecution, the government must prove its case by evidence freely and independently secured and may not coerce the defendant to provide evidence
accusatorial.
An affirmative defense is one in which the defendant
admits doing the act but claims other matters that will result in an acquittal.
The formal court proceeding where the defendant pleads to the charges is called a ___
arraignment.
The rules of ____________ determine what information can be presented to the judge and/or jury
evidence.
The problem with hearsay testimony is that the person who actually saw the events
is not on the witness stand.
