ADJU16 Final- ALL Quizes Combined

The fact that the suspect invoked his/her Miranda rights by refusing to talk to the officers does not mean that the officer cannot attempt to question the suspect at a later time.

T

Newly discovered evidence is not admissible on a direct appeal.

True

A judge takes judicial notice only if an attorney has requested it.

F

A search warrant for a house gives the police authority to search all closets and cabinets in the house.

F

A witness can testify about selecting a person at a lineup only if he/she selected the defendant who is currently on trial.

F

Advanced laser techniques make it possible to determine when a written document was produced.

F

An attorney is allowed to have an expert to testify about results from a scientific test only if the test has been approved by the state's Judicial Council.

F

Due Process mandates unanimous verdicts in criminal trials.

F

Corroborative evidence merely restates what has already been introduced into evidence.

False

If a suspect who is being subjected to custodial interrogation requests an attorney, the police must:

stop questioning immediately.

A National Security Letter (NSL) is a search warrant, signed by a judge, that allow federal investigators to obtain personal records such as those that banks keep on their customer's expenditures.

F

A document is authenticated by establishing that all of the facts stated in the document are true and accurate.

F

Bail will be denied if the judge rules that the defendant should be "held to answer" at the end of the preliminary hearing.

F

Computer-generated animation is admissible in court only if it is based on photographs of the scene in question.

F

Witnesses can be impeached only if they are biased or prejudiced against the defendant.

False

A person can invoke a Fifth Amendment right to refuse to participate in a field sobriety test:

Fifth Amendment rights can be invoked if the person is asked about how much alcohol he or she has consumed

The Miranda warnings are required during booking:

Required if booking officer is asking for information regarding the crime for which the suspect is being booked

Which of the following qualify for the Business Records Exception to the Hearsay Rule?

Sales records of a retail department store Attendance records from a private elementary school Medical records maintained by a family doctor (***All of these records qualify as business records***)

The defendant's offer to plead guilty is not admissible at trial.

T

Prior consistent statements are admissible:

To rehabilitate a witness

In legal terms, "photographs" includes:

X-ray films.

Which of the following DNA tests can only be performed on men?

Y-Chromosome Analysis

Which of the following is a valid reason for a judge to set aside a verdict?

all of these

Something is "at issue" in a trial if it relates to:

any disputed element of a crime that is charged.

Who can be impeached at trial?

anyone who takes the witness stand

Attempts to intimidate witnesses so that they will not testify in court in the defendant's murder trial:

are admissible as circumstantial evidence of the defendant's guilt at the murder trial.

An example of corroborative evidence would be:

real (physical) evidence that supports the testimony of a witness.

The police officer in charge of the case should:

develop a method to keep track of all the evidence in the case.

The physician-patient privilege applies if the patient consults the doctor for the purpose of:

diagnosis treatment obtaining a "second opinion" (***all of these are covered by the privilege***)

The Contemporaneous Objection Rule applies during criminal trials:

during direct and cross examination

In order to be allowed to testify as an expert witness, the person must:

have knowledge of the subject based on education and/or experience.

When Past Recollection Recorded is used at trial, the witness who made a report must testify:

insufficient memory of the incident but has knowledge indicating the report is accurate.

The Wiretap Act of 1968 established a legislative basis for issuing electronic surveillance warrants for:

investigations done by federal law agencies investigating crimes listed in the Wiretap Act.

To be admissible under the Reputation Exception to the Hearsay Rule, the statement:

must be based on reputation among associates or in the community

Which of the following can be used to impeach a witness during trial?

prior inconsistent statements made by the witness showing witness is prejudiced proof of witness's prior felony conviction **all of these!!!!**

"Standing" refers to:

the right to ask a court to take legal action

Young children are allowed to testify at trial only if:

they understand the difference between fact and fantasy.

Under the Federal Rules of Evidence, what is the minimum age a document needs to be in order to be treated as an ancient document?

20 years old

The maximum length of time a warrant can be issued (without renewal) under the Wiretap Act of 1968 is:

30 days

Under the provisions of the Wiretap Act of 1968 that allow wiretaps to be started in emergency situations without court approval, the wiretap warrant must be obtained within:

48 hours

Electronic surveillance warrants issued under the Foreign Intelligence Surveillance Act (FISA) are valid for:

90 days unless a statutory exception applies

The Former Testimony Exception to the Hearsay Rule allows a transcript of sworn testimony to be used at trial. This would apply to testimony taken at:

A preliminary hearing in the same case

Which of the following statements is true?

A showup in the field is the easiest procedure to conduct because only the suspect is involved.

George was arrested for kidnapping someone for ransom. The kidnap victim, who had severe medical problems and needed regular medication, had not been found. Immediately upon handcuffing George, an officer demanded to know where the victim was. George gave the officer the address. George's statement will be:

Admissible under the Public Safety Exception to the Exclusionary Rule

Which exception to the Hearsay Rule is the prosecution most likely to use when asking the detective to restate the defendant's confession if the defendant will testify at her own trial?

Admissions

If the police question a suspect who is in custody without correctly administering the Miranda warnings, all subsequent statements made by the suspect will be inadmissible in court.

F

In-court identifications of the defendant are allowed only if the witness has previously identified the defendant as the perpetrator.

F

Items that the police recover from the crime scene must be sealed in air-tight, tamper proof containers.

F

Keeping track of witnesses before the trial date is the responsibility of the prosecutor.

F

Miranda warnings are required prior to questioning a suspect in the field.

F

Miranda warnings must be given at the time a suspect is arrested and taken into custody.

F

Physical evidence is introduced in court based on a statement by the attorney explaining why the item is relevant to the case.

F

Statements made by a person who is not available at trial for cross examination are never admissible in a criminal trial.

F

The President of the United States is prohibited from authorizing electronic surveillance without authorization of the Foreign Intelligence Surveillance Court.

F

The prosecutor must be ready to impeach defense witnesses but only needs to prepare for the direct examination of his/her own witnesses.

F

The prosecutor's office normally handles preparing subpoenas and serving them.

F

The results of an experiment are admissible at trial only if the person who conducted the experiment testifies.

F

All attorneys are mandated to disclose threats of violence made by their clients regardless of any privileged relationship that exists.

False

All statements by a co-conspirator are admissible against other co-conspirators at trial.

False

In a criminal case, the jurors are instructed that they must acquit if they have any doubt about the defendant's guilt.

False

Items recovered from the crime scene can be introduced as evidence, but exhibits prepared solely for use during trial are not considered evidence.

False

One reason the Star Chamber and Inquisition used in the Middle Ages are considered abusive is they refused to allow the defendant's confession to be admitted at trial.

False

Prosecutors do not have absolute immunity in Civil Rights Act cases if they maliciously file criminal charges against a person they know is innocent.

False

Rulings in opinions from a state's highest court are automatically used to update state statutes so that the codes people purchase are up-to-date.

False

Some states allow the wife to decide whether to invoke the privilege not to testify against a spouse but others vest the privilege in the husband.

False

The prosecutor normally interviews all witnesses prior to deciding what charges to file.

False

The term evidence refers to all physical objects admitted at trial, but not testimony.

False

Section 1983 allows a person to sue a local government employee in federal court for a violation of:

Fourth Amendment. Due Process. Equal Protection. = All are correct!

The first Miranda warning states: You have the right to remain silent. This right applies:

If you waive the right to remain silent, you have the right to invoke it at any time during police questioning.

Police should interview witnesses a few days before the date they are scheduled to testify at trial:

May help them refresh memory

Which of the following DNA tests indicates that 2 people have a female ancestor in common?

Mitochondrial DNA Analysis (mtDNA)

Which of the following is the prosecutor constitutionally required to give to the defense before trial?

Names of informants whose identity is necessary for the defendant to prepare a case

What is the lowest level of suspicion that must be present for the police to take a person to the station to participate in a lineup?

Probable Cause

What is the lowest level of suspicion that must be present for the police to detain a person in the field for a showup?

Reasonable suspicion

Who must be called to testify in order to introduce a report at trial under the Business Records Exception to the Hearsay Rule?

Record custodian

Vertical prosecution means:

a case is assigned to a prosecutor who handles it through all of the court proceedings.

How is the privilege against self-incrimination invoked prior to arrest?

Refuse to answer questions and tell the officers that you are claiming your Fifth Amendment rights

If a FBI agent wants to obtain a warrant under the Wiretap Act of 1968, who must review the application before it is given to the judge?

Senior member of U S Attorney General's staff specifically designated by the Attorney General

Rule 1002 of the Federal Rules of Evidence mandates the original be produced in court when establishing the contents of a writing, recording or photograph. If the writing in question is stored on a computer, the side wishing to introduce it must produce:

a computer printout.

Which type of firearm does not leave striations on projectiles?

Shotguns

Which of the following would be considered a volunteered statement for purposes of Miranda?

Statement a person makes before police initiate questioning

A suspect can invoke the Fifth Amendment as grounds to refuse to participate in:

Suspect has no Fifth Amendment right to refuse to participate in any of these procedures

A photographic lineup consists of a group of pictures which the eyewitness is asked to look at and tell the officer if the suspect is in the group.

T

A police officer may use reasonable force to detain someone for a field interview.

T

A statement qualifies as a spontaneous statement only if it was made while the declarant was still under the stress and excitement of the event.

T

Coaching witnesses at lineups violates the suspect's Due Process rights.

T

Consent given by a person with apparent authority over the area to be searched is valid.

T

Evidence officers seized in violation of the Fourth Amendment is admissible if the same evidence was discovered by an independent source using appropriate methods that do not violate the suspect's constitutional rights.

T

If the defense wants a presumption to be used, it must prove the basic fact.

T

Impeachment is an attempt to discredit a witness.

T

Installing a GPS tracking device on the outside of a car in order to determine where it has traveled without keeping it under visual surveillance violates the driver's reasonable expectation of privacy.

T

Only a person whose reasonable expectation of privacy has been violated can petition the court to exclude evidence obtained in violation of the Fourth Amendment.

T

Police officers may use force only if it is reasonable based on how the circumstances would appear to a reasonable person.

T

Primary evidence, as the term is used when introducing documents at trial, means the original document or a duplicate.

T

Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of misleading the jury.

T

Statements obtained from the defendant in violation of Miranda can be used for impeachment as long as the statements were made voluntarily.

T

Statements obtained without coercion during questioning conducted in violation of Miranda can be used during trial to impeach the person who made the statements.

T

The Foreign Intelligence Surveillance Act (FISA) is the exclusive authority for intercepting telephone calls for foreign intelligence inside the United States.

T

The definition of "document" used in evidence includes materials containing words and symbols as well as those that contain visual or audio information.

T

The jurors may consider the demeanor of a witness when assessing his/her credibility.

T

The person who gives consent for a search can revoke the consent at any time.

T

The police can make a valid arrest on ample probable cause and still not have sufficient evidence to convict the suspect.

T

The police do NOT need to obtain a warrant before equipping an undercover officer with a "body wire" that transmits conversations to a back-up team.

T

The police should advise the prosecutor of all of the facts known to them that might affect the credibility of a witness.

T

The privilege against self-incrimination can only be invoked if the suspect could be charged in criminal court as a result of statements made.

T

There is no Sixth Amendment right to counsel at a photographic lineup.

T

To use latent prints at trial, the prosecutor needs to call the person who recovered the prints and the person who identified them.

T

When a photographic lineup is done:

The suspect can have the identification declared inadmissible if the group of pictures that was used were unduly suggestive

A suspect has the right to have an attorney present:

There is a right to have an attorney present at all of these

What is the minimum number of matching characteristic that a forensic document examiner must find before he/she can state that the handwriting exemplar and the document in question were most likely written by the same person?

There is no set number of matching characteristics.

A prosecutor is ethically required to give the defense all evidence that he/she has that tends to show that the accused may be not guilty.

True

An attorney must lay the proper foundation prior to introducing any type of real evidence.

True

In a jury trial, the judge acts as the trier of the law and the jury acts as the trier of the facts.

True

The U. S. District Court is the trial court in the federal system.

True

The jury is not allowed to infer a defendant is guilty based on the fact that he/she invoked a privilege in order to prevent testimony from being introduced at trial.

True

The reporter's transcript is a verbatim record of what was said at the trial court.

True

The prosecutor in the federal courts is the:

U. S. Attorney.

Which of the following is NOT part of the foundation for the introduction of scientific evidence?

Was the item tested, collected and stored properly?

A subpoena is:

a document ordering a person to appear in court and testify.

Obtaining stored email and text messages from long-term storage by an Internet provider requires:

a search warrant.

If an officer has probable cause evidence is inside a car, the officer may conduct:

a thorough search limited to area where the probable cause indicates the evidence will be found

Crime scene sketches should:

be drawn to scale. indicate all doors, windows, streets, etc. in the area. show distance between all relevant objects in the drawing. (All of these should be in the sketch!!!)

The "burden of proof" required for a conviction in a criminal case in the United States is:

beyond a reasonable doubt.

If a police officer displays hostility toward the defendant while testifying, the officer may be impeached for:

bias, motive or prejudice.

Which of the following would be considered public records?

birth certificate filed with the county by the doctor who delivered the baby death certificate filed by the County Coroner report of child abuse filed by a "mandatory reporter" (***All of these***)

Appellate courts decide which issues to address based on:

brief filed by the defendant.

A person who has been acquitted of a crime:

cannot not claim the Fifth Amendment privilege against self-incrimination because double jeopardy prevents him/her from being charged for that crime again.

If an appellate court reverses a case based on insufficient evidence, the prosecutor:

cannot re-file the case or file lesser included offenses.

In the United States, Double Jeopardy applies to cases that are reversed on appeal:

case can be re-filed except when the conviction was reversed due to insufficient evidence.

The Foreign Intelligence Surveillance Act (FISA) defines "United States persons" as:

citizens of the United States and lawfully admitted permanent residents.

It is now easier to have latent prints examined than it was 60 years ago because:

computers can assist with the comparison.

The complaint must state:

crimes the defendant is alleged to have committed. where the alleged crime was committed. when the alleged crime was committed. ***ALL OF THESE!!!!!***

Proof beyond a reasonable doubt is required by Due Process in:

criminal trials.

In a criminal trial in the United States, the defense has the "burden of persuasion." This means:

defense can try to persuade the jury that the prosecution has not established the defendant's guilt.

In most states, if a psychiatrist testifies as an expert in a case where the defendant entered a plea of Not Guilty by Reason of Insanity, he/she may give:

description of how mental illness likely effected the defendant's behavior.

The defense attorney in a criminal case has an ethical duty to:

disclose to the court any controlling legal authorities on point even though they are adverse to the position of his/her client.

If the defense introduces evidence on the basic fact in order to establish a rebuttable presumption, the prosecution should:

disprove either the basic fact or the presumed fact.

If the defense introduces evidence on the basic fact in order to establish a conclusive presumption, the prosecution should:

disprove the basic fact.

The privilege for confidential communications between husband and wife cannot be invoked if the husband is charged with:

domestic violence against his wife child abuse against his step-children bigamy (***all of these***)

The prosecution rarely files direct appeals because:

double jeopardy prevents an appellate court from reversing an acquittal.

In which of the following situations are police required to comply with knock-and-announce?

entering an apartment

If officers legally obtain a search warrant but fail to follow proper knock-and-announce procedures:

everything they seize while properly executing the warrant will be admissible

When a judge decides whether a witness should answer numerous questions asked by the defense to challenge the prosecution witness's memory, the judge is:

exercising judicial discretion.

If approached by a juror in the courthouse, a police officer should:

explain that officers are not allowed to discuss the case with jurors.

Which of the following does the prosecutor do in the role of gatekeeper of the criminal courts?

file charges

Police officers have qualified immunity from suit under the Civil Rights Act of 1871:

for all actions done in good faith.

A person who has been given immunity can invoke the Fifth Amendment privilege against self-incrimination:

for crimes not covered by transactional immunity.

If there is a question about the admissibility of a new type of scientific test at trial, the judge will:

hold a voir dire hearing.

At trial, the first step in laying the foundation for the introduction of a gun is to have someone:

identify the gun being introduced at trial and testify where it was found.

A forensic documents examiner can tell someone altered a document and determine what the document originally said:

if chemicals were used to obliterate portions of the original document.

A witness can be impeached for having committed a crime in the recent past even though it did not result in a conviction:

if it would be considered an immoral act.

If two people have equal right of privacy in a location, consent to search is valid:

if one person consents and the other person does not object to the search.

Portions of a confession that were obtained in violation of Miranda can be used to impeach:

if the defendant who made the confession takes the witness stand and makes inconsistent statements.

Jury deliberations:

if the jurors notified the judge they are unable to reach a verdict, the judge may give them instructions about their duty to deliberate.

At trial, the results of the test can be successfully challenged:

if the test equipment was defective.

The jury is allowed to consider the fact that the defendant previously threatened the victim:

if the threat was made shortly prior to the crime and was very specific.

A police officer has the right to use deadly force:

if there is imminent danger of death or serious bodily harm

The Exclusionary Rule that is part of the Wiretap Act of 1968 states that information obtained using wiretaps that were not obtained in compliance with this Act is not admissible:

in any hearing, trial or other proceeding.

The police do NOT need a warrant to enter a house:

in emergency situations to render medical aid to people in the house.

Expert witnesses can be impeached:

in the same manner as lay witnesses.

If a prosecutor takes a case to the grand jury and the grand jury agrees with the prosecutor about the charges, the defendant will be:

indicted.

In order to obtain a warrant authorizing the use of a "pen register," the police must certify that:

information likely to be obtained is relevant in an ongoing criminal investigation.

When introducing documents at trial, "secondary evidence":

is testimony introduced when documents are not available.

The prosecution's opening statement:

is the next event after the jury is sworn in.

When deciding which items to collect at the crime scene, an officer should consider:

it is much better to have many items in the evidence locker that are not used than to discover that something that is needed was not kept.

Marbury v. Madison is important historically because:

it is the first case where the U.S. Supreme Court ruled that it has the authority to declare legislation enacted by Congress unconstitutional.

An item of evidence introduced by the prosecution at trial has probative value if:

it makes it appear that a fact probably occurred.

Access to the crime scene should be restricted to as few people as possible because:

it prevents people from removing evidence.

Who decides if evidence is admissible at trial?

judge presiding over the trial

An independent judiciary means:

judges cannot be removed by the president that appointed them.

The maximum length of time an officer can detain someone under Terry v. Ohio is:

long enough to ask a few questions

In order to qualify as testimonial evidence, the statement must be:

made under oath.

Police dogs trained to detect drugs can be used:

may accompany police officer to any public place the officer legally goes

Evidence laws in each state:

may be enacted by the state legislature.

When there is nothing explicitly stated in the United States Constitution and Bill of Rights regarding a specific rules of evidence, each state:

may enact its own rule.

Facts used to support probable cause for a search warrant:

must not be stale

Which of the following would be grounds to prevent a person from testifying at a criminal trial?

none of these

Which of the following is NOT a factor that can be used to impeach a witness?

none of these can be used to impeach a witness

A forensic examination of a computer can:

recover files that have been erased.

An attorney will use re-direct examination to:

rehabilitate a witness.

The Antiterrorism and Effective Death Penalty Act of 1996:

requires that individuals convicted in state court file federal habeas corpus petitions within one year of the exhaustion of their state court remedies.

A warrantless search of a vehicle based on probable cause:

can be done after the car is impounded

Two bullets fired from the same gun may not have similar striations because of:

rust in the barrel of the gun. alternations in the barrel of the gun. a cheap gun that has fired a large number of rounds, resulting in wear that changes the striations. (***all of these can cause different striations***)

When executing a search warrant, officers may:

search only in locations specifically described in the warrant

A "protective sweep" allows an officer to:

search the immediate area for people who may ambush the officers

A hearsay declarant is considered unavailable as a witness at trial if:

the declarant cannot testify because the statements are privileged. the declarant no longer recalls the statement. the declarant cannot attend court due to severe mental illness. (***All of these qualify as unavailable witnesses***)

Evidence seized in violation of the Fourth and Fifth Amendments may be used:

the evidence will be admissible at all of these proceedings

If the defendant takes the witness stand and lies:

the judge can add an enhancement to the defendant's sentence due to the fact he/she committed perjury while on the stand.

If an item of evidence is not in the courtroom when a witness is testifying about it:

the judge may rule that the item may not be admitted into evidence.

The facts presented to a judge to support issuing a search warrant should be very detailed because:

the judge will use them to independently decide if there is probable cause.

When an attorney is laying the foundation for an expert witness, the attorney must establish that:

the jury needs the help of an expert in order to understand facts of the case.

An officer arrested Tim for disorderly conduct (a misdemeanor) because he was picketing in front of the town's only grocery store and blocking the entrance. No one suspected Tim had a gun. The officer wants to do a search incident to arrest before placing Tim in the patrol car and taking him to jail. Which of the following is true regarding this situation?

the officer may search Tim and area under his immediate control

The official citation for Miranda v. Arizona is 384 U.S. 436 (1966). The number 436 is:

the page in volume 384 of United States Reports on which the case can be found.

In order to answer a hypothetical question:

the physical evidence included in the hypothetical question must have been introduced into evidence.

During the prosecution's case in chief:

the prosecutor conducts direct examination of all witnesses. the defense has the right to cross examine all prosecution witnesses. prosecution must establish guilt for each crime beyond a reasonable doubt. **all of these!!**

A verdict becomes part of the official court record when:

the verdict is read in open court.

Based on the Harmless Error Rule, a conviction will be reversed if the appellate judges are convinced:

there is proof beyond a reasonable doubt that the errors at trial influenced the jury's verdict

X-rays showing numerous broken bones in various stages of healing can be used in a prosecution of a parent for abusing a child:

to infer that the current injuries were not accidental.

Based on Apprendi v. New Jersey, facts used by the judge when determining the defendant's sentence must be decided by the:

trier of the facts.

The Fourth Amendment prohibits:

unreasonable searches and seizures.

The Foreign Intelligence Surveillance Act (FISA) of 1978, as amended by the USA PATRIOT Act, provides the framework for obtaining electronic surveillance warrants for:

use of electronic surveillance inside the United States for foreign intelligence

When making a stop based on reasonable suspicion, the police officer has the right to conduct a search:

whenever the officer has reasonable suspicion the person is armed

The "chain of custody" for the gun that was the murder weapon includes:

where the police found the gun.

When deciding what charges to file, the prosecutor is concerned with:

whether the case can be won at trial.

When deciding whether circumstantial evidence should be admitted at trial, the judge considers:

whether the evidence is relevant. whether introducing the evidence will take up too much time. whether the evidence will unduly prejudice the jurors. Correct! **All of these are considered!!**

The privilege for confidential communications between husband and wife applies to conversations occurring:

with husband and wife and their very young children present

Police may have an informant wear a "wire" that transmits conversations:

without any form of judicial approval.

When are the police required to give Miranda warnings?

Prior to custodial interrogation

When the Present Memory Refreshed Rule is used, what is the witness allowed to use to help him/her recall events observed at the time the crime was committed?

all of these can be used to refresh memory

A witness who has been impeached by prior inconsistent statements can be rehabilitated by showing:

all of these can be used to rehabilitate a witness

During a valid detention based on Terry v. Ohio, an officer may demand the person give his/her name:

always

Under the Federal Rules of Evidence, experiments:

are treated the same as any other type of evidence.

The prosecution can introduce evidence that the defendant tried to conceal evidence:

as circumstantial evidence that the defendant is guilty.

Police officers can rely on consent given by:

Anyone with apparent authority over the area

Double jeopardy prevents the prosecution from appealing a judge's ruling at a pre-trial suppression hearing.

F

The USA PATRIOT Act expanded the Wiretap Act of 1968 to include warrants for the seizure of:

voicemail stored on telephone company equipment. records stored by Internet providers. credit card numbers used to pay for telephone service. (***all of these are all correct***)

The United States Supreme Court's rulings apply to all levels of law enforcement (city, state and federal):

when it decides a case based on the United States Constitution and Bill of Rights.

An arrest warrant is mandatory:

whenever officers enter the suspect's home to make an arrest

The police have a right to inventory cars:

whenever they legally impound a vehicle.

Miranda warnings are not required:

All of these are situations in which Miranda warnings are not required

The prosecutor should be told about which tests the police lab conducted on the evidence?

All test results should be provided regardless of results.

Evidence derived from evidence obtained in an unconstitutional manner is never admissible as part of the prosecution's case-in-chief.

F

Which of the following has been subject to the most controversy regarding using DNA testing in criminal cases?

Calculations based on the current database

A photographic lineup:

Can be done with high school yearbooks

Evidence that has been discolored or otherwise changed by laboratory tests is not admissible at trial.

F

If the defendant enters a plea of nolo contendere at the preliminary hearing the criminal court will treat it the same as a plea of guilty.

F

Police must obtain a court order before installing a "pen register" because:

Congress passed laws requiring a court order be obtained before using a "pen register."

Statements admitted under the Mental and Physical State Exception to the Hearsay Rule can be used to:

Establish a motive for committing the crime

An application for a Foreign Intelligence Surveillance Act (FISA) electronic surveillance warrant must be certified by the:

Assistant to the President for National Security Affairs

The normal process for subpoenaing a local witness is:

Attorney prepares subpoena, attorney signs it, subpoena is served on the witness

The level of proof required in order to convict is:

Beyond a reasonable doubt

Assume that the police illegally arrested John. Incident to the arrest, they searched him and found counterfeit money in his pocket. The officer asked John where the money came from. John told the officer that his friend, Fred, printed it. If Fred is charged with counterfeiting, he can have the evidence found in John's pocket ruled inadmissible based on:

Fruit of the Poison Tree

If a person viewed a lineup that violated Due Process, the trial court will hold a hearing to decide whether the person should testify at trial. The decision will be based on:

Harmless Error Rule

Which of the following requests would be considered at a suppression hearing?

Have evidence declared inadmissible because of a Fourth Amendment violation

Due Process mandates that all of the participants in a lineup:

Have similar physical characteristics

In which of the following situations is a lay witness allowed to give an opinion?

Identification of someone's handwriting voice identification general statement about speed of a car ***All of these!***

In which of the following situations would the defense have a right to know if a police officer's personnel file contains complaints about the officer's on-duty conduct?

If the defendant was arrested for battery on the officer but claims he/she acted in self-defense.

Officer Jones obtained a confession in violation of Miranda. In the confession, the suspect indicated he had hidden the stolen diamonds in the park in a soft drink can. A city park ranger found the diamonds before the police had a chance to recover them. The diamonds will be admissible at trial based on:

Independent Source Exception to the Exclusionary Rule

Which is more important under the Dying Declaration Exception to the Hearsay Rule?

Injured person's subject belief death is near

The standard for a waiver of Miranda right is:

Knowing, intelligent, and voluntary

In which of the following situations can a person successfully invoke the Fifth Amendment as a reason not to cooperate

None of these can be refused based on the Fifth Amendment

When a suspect exercises his/her Sixth Amendment right to have an attorney present during a lineup, the attorney can:

Observe the lineup

A showup is most likely to be conducted in the field because:

Officers must have probable cause to transport a suspect to the station for a lineup

A suspect has the right to have an attorney present during a lineup:

Only for lineups held after arraignment

A suspect has the right to have an attorney present during a showup:

Only for showups held after the first court appearance

The document used to ask the U.S. Supreme Court to hear a case is called:

Petition for Writ of Certiorari.

Who is usually responsible for serving the subpoenas for the prosecution in a criminal case?

Police

What is the lowest level of suspicion that must be present for the police to include a person's picture in a photographic lineup?

Police have the authority to include pictures in photographic lineups based on their subjective opinions

If a suspect invokes the Miranda rights to an attorney during custodial interrogation:

Police may not question the person again without an attorney present

Which of the following should the prosecutor explore as ways to impeach witnesses?

Prior inconsistent statements Prior arrests and convictions Eyesight and hearing (****All of these should be explored****)

Which of the following statements best describes the decisions of the U. S. Supreme Court since 2000 about the use of hearsay in criminal trials?

Testimonial hearsay is no longer admissible if the declarant does not take the stand.

The Plain View Doctrine differs from the Open Fields Doctrine in that:

The Plain View Doctrine requires the officers be legally at the location where the observation was made but the Open Fields Doctrine applies even if officers were trespassing.

Whether or not police obtained valid consent for a search is evaluated based on:

The person voluntarily gave consent based on all the facts present at the time consent was obtained

A lineup violates Due Process if:

The procedure is conducted in a manner that is unduly suggestive

Which of the following is done at the preliminary hearing?

Witnesses testify about the events that occurred while the crime was committed

The Fifth Amendment privilege against self-incrimination applies to:

all forms of testimonial evidence.

The fact that the defendant received $100,000 from a life insurance policy due to the death of the murder victim is:

admissible to show motive for the defendant to kill the victim.

For computer generated animation depicting the crime to be admissible at trial:

all evidence depicted in the animation must be relevant and to scale.

An indigent defendant who has been convicted of a felony has the right to appointed counsel for:

only for first post-conviction appeal.

The Harmless Error Rule used by appellate courts results in the reversal of a conviction:

only if the errors at trial affected the outcome of the case.

A judge can impose a sentence that is longer than the base sentence established by the legislature:

only if the jury found the facts used to determine the longer sentence were true

The prosecution is allowed to use presumptions to establish that the defendant is guilty:

only if the prosecution establishes the basic fact beyond a reasonable doubt.

A lay person can take the witness stand and identify the handwriting on a document:

only if the witness is familiar with the handwriting of the person in question.

Evidence the defendant has previously committed similar crimes is admissible:

only if there is sufficient similarity to satisfy a modus operandi. if the defendant is claiming mistaken identity as a defense at the current trial. only if the defendant takes the stand and denies the prior offenses. prior offenses are not admissible because they are prejudicial. Correct Answer **All of the above under certain circumstances!!!**

A person testifying as a ballistic expert can testify that:

pattern of lands and groves indicates the bullet was fired from the defendant's gun.

Real evidence includes:

physical items documents digital pictures (all of these are types of real evidence)!!!!

The largest portion of the workload of the trial courts is related to:

pre-trial events.

Based on the Plain View Doctrine, if an officer is legally at the location, what level of certainty does an officer need to legally seize an item?

probable cause

What is the purpose of the "return" on a warrant?

provide a record of when the warrant was served and what evidence was seized

An application for a warrant under the Wiretap Act of 1968 requires:

showing that normal investigative techniques will not work. details about the crime that is being investigated. specific description of the type of communications that are being sought. (***All of these are required***)

A certified copy of a court document is usually signed by:

someone in the court clerk's office in the court where the document originated.

At trial, character is introduced by:

someone who is familiar with what people in the community say about the person in question.

A confidential attorney-client conversation would remain privileged even though the client was accompanied by their:

spouse

The criminal complaint describes the charges:

state facts for each charge in separate counts.

The officer who takes the case to the prosecutor should be prepared to:

state the evidence that supports each element of the crime. discuss any weaknesses in the case. discuss the suspect's criminal history in detail. (***He/she should be able to discuss all of these.***)

When presenting a case to the prosecutor, a police officer should discuss the witnesses:

tell the prosecutor both the strengths and weaknesses of each witness.

A defendant waives a privilege by:

telling someone what was said during a privileged conversation

Parol evidence about the content of a document is:

testimony introduced when no documents are available.

Which of the following is an accepted way of authenticating a document at trial?

testimony of forensic document examiner testimony of a person who observed the document being signed testimony of a clerk who typed the document (***all of these****)

When the President of the United States invokes Executive Privilege, it is presumed:

that the President has the right to invoke the privilege