Evidence search and seizure final
until 2004, a wrongfully convicted person could only receive a maximum of only...
$5000
how many amendments are in the bill of rights
10
the protection against self-incrimination is applicable to the states through the...
14th amendment
which constitutional amendment has been used to incorporate the bill of rights to the individual states
14th amendment
Samuel Gross and his colleagues (2014) were able to estimate that _____________ of defendants sentenced to death in the U.S. were later shown to be innocent
4.1%
individuals are protected from being compelled to testify by the
5th amendment
the right to remain silent is covered in the...
5th amendment
which constitutional amendment prohibits a person from having to testify in court against his or her will
5th amendment
which constitutional amendment prohibits double jeopardy
5th amendment
legislatively mandated presumptions are limited by the due process clauses of the:
5th and 14th amendment
which 3 constitutional amendments govern confessions and admissions? why
5th: right against self-incrimination 6th: right to counsel 14th: right to due process
the compulsory process clause is contained in the:
6th amendment
the modern-day hearsay rule is supported by the...
6th amendment
which constitutional amendment guarantees the right to a speedy and public trial
6th amendment
which constitutional amendment guarantees the right to face one's accuser
6th amendment
which of the following constitutional amendments does hearsay often conflict with
6th amendment
which of the following constitutional amendments would a wrongfully convicted person who received ineffective assistance of counsel claim had been violated
6th amendment
which constitutional amendment prohibits cruel and unusual punishment
8th amendment
the hearsay rule traces its origins to...
Anglo-American evidence law
this case involves the whippings and other brutal methods of 3 black defendants to obtain confessions from them...
Brown v. Mississippi
in this case, the supreme court declared that searches by regulatory officials conducting heatlh and safety inspections can be considered governmental actions
Camara v. municipal court
which of the following cases developed the armspan rule
Chimel v. California
the attorneys in the 1993 Guerra case with the killing of a Houston police officer argued in their appeal that...
Guerra had been deprived of a fair trail exculpatory evidence was withheld witness testimony was covered and tampered with
this court case ruled that the conversation that took place between the defendant in the case and the government official did not qualify as an unlawful search as the official was knowingly and voluntarily in the defendant's suite
Hoffa v. U.S.
in what state did the governor give pardons to everyone on death row
Illinois
what case resulted in the rule that a person's right to privacy outweighs their location
Katz v. U.S.
which of the following tests for insanity established the right versus wrong standard
M'Naghten rule
any evidence obtained by law enforcement officers in violation of the 4th amendment guarantee against unreasonable searches and seizures is not admissible in a criminal trial to prove guilt; this rule was applied by SCOTUS to the states in 1961 in:
Mapp v. Ohio
"questioning initiated by law enforcement officers" is the definition of interrogation given in the _______________________ case
Miranda
the public safety exception was defined in...
New York v. Quarles
how has the court's decision in Crawford v. Washington changed the used of hearsay exceptions in criminal trials
SCOTUS decided that hearsay testimony evidence can be admissible in court if the witness is unavailable and the accused had a prior opportunity to cross-examine the witness
in 1603, this individual was on trial for conspiracy to overthrow the kind of England...
Sir Walter Raleigh
which court case established the 4 separate factors of distinguishing between open fields and curtilage as a result of police climbing over several fences where they looked inside the defendant's barn
U.S. v. Dunn
which court held that warrants are not required for public arrests
United States v. Watson
in which case did the supreme court allow random drug testing of high school athletes
Vernonia School District v. Acton
in which of the following situations would the attorney-client privilege not apply
a client confessed to a murder and hands the murder weapon to the attorney for safe-keeping
Rochin v. California (1952) was a special circumstances in terms of the search warrant requirement where....
a defendant had his stomach pumped
what is a "dying declaration" what do the Federal Rules of Evidence say about dying declarations
a dying declarations a statement made right before the death or perceived death of an individual. FRE states dying declarations can be admissible if: -declarants are unavailable -declarant believed his or her death was imminent when statement was made -statements concerns the cause and circumstances of the declarant's anticipated death -statement is offered in a civil action or prosecution for homicide
which of the following would be the best example of demonstrative evidence
a flow chart
which item below would be an example of real evidence
a knife
the method of identification where a suspect is made to stand beside several people of generally similar looks as a witness tries to identify him or her is...
a lineup
which of the following would not be circumstantial evidence that a person had the ability to commit a crime
a murderer hated the victim
which of the following is an example of an arrest
a person is handcuffed and taken to a stationhouse
which of the following is not true regarding mental incapacity and competency to be a witness
a person judged insane cannot testify under any circumstances
describe the forfeiture by wrongdoing principle
a person or party forfeits the right to exclude hearsay if they were involved in an act that wrongfully kept the declarant from being a witness at trial, such as bribing, intimidation, or killing
which of the following would not be circumstantial evidence that a person was acting guility
a person who had a dispute with a neighbor turned up dead
which of the following would not be circumstantial evidence that a person had the motive to commit a crime
a person who had stolen money from an employer later left the country
which of the following items cannot be self-authenticated
a personal letter
in which of the following circumstances would the police most likely not be able to use the automobile exception to the warrant requirement
a police officer arrives on a parcel of land for a domestic disputes and notices a mobile home on a cinderblock foundation
in which of the following situations would a police officer not need a search warrant to conduct a search
a police officer pulls a car over and notices a bag of cocaine in the passengers seat
which of the following examples cannot be admitted into evidence using the official records exception
a police report filed against defendant
explain "present sense impressions"
a present sense impression is a statement made by the declarant as the event or conditioning is occurring ex: Lisa claims Nicole ran a stop sign, causing an accident. Brian testifies that he heard Jay say, "wow! that car blew through that stop sign!"
what are 3 constitutional limitations on presumptions
a presumption must be based on logical assumption rather than mere policy when used by the prosecution, the basic fact must be established beyond a reasonable doubt a presumption cannot shift the burden of proof to the defense
what is the judicial notice? what are the 3 types of judicial notice
a procedure that courts use to determine the truth or falsity of a matter without having to follow the normal rules of evidence tacit judicial notice: occurs when a judge doesn't expressly state "on the record" that judicial notice is being taken of the fact judicial notice of law: occurs when courts accept what is written in statutes, constitutional provisions, and court cases judicial notice of legislative facts: the facts that courts rely upon when interpreting statutes, constitutional provisions, and the like
explain a "search incident to arrest" be sure to address the timing and scope of the search
a search incident to arrest is a search of a suspect following an arrest without warrant. the arrest must have been lawful, result in a person being taken into custody, and be based on probable cause. the search should take place soon after the arrest and be narrowly focused on objects related to the offense of arrest
a statement is admissible, whether or not the defendant is available as a witness, if the content of the statement relates to...
a startling event
which of the following occurs when the prosecution and defense agree upon a certain fact
a stipulation
when a person is confronted by the police and is still free to leave, this is known as...
a stop
what 2 conditions must be in place that require an officer to read a suspect his Miranda warnings? give a brief explanation of each
a suspect must be in custody and under interrogation. custody: taken into custody or otherwise deprived of their freedom of action in any significant way interrogation: questioning initiated by law enforcement officers in hopes of getting an incriminating statement
what is a terry stop? what is the level of objective justification
a terry stop allows the police to briefly stop and frisk a person based on reasonable suspicion of involvement in criminal activity
which of the following admissions by a party opponent would not be admissible
a victim testifies that the defendant had offered the victim $1000 to settle the case out of court
which of the following is not an example of testimonial evidence
a videotape
how does a case get to the supreme court? what is the basis for accepting of an appeal
a writ of certiorari is submitted to SCOTUS and 4+ judges have to vote to accept the case
testimonial evidence is relevant only if the witness...
accurately presented the event he or she is testifying about now wishes to communicate his or her recollection accurately and honestly now correctly recalls his or her perception
a search of an apartment complex conducted by a health code inspector would typically be based on...
administrative justification
an inventory search of seized automobiles would typically be based on...
administrative justification
what are the 3 standards of objective justification recognized by the courts? give a brief explanation of each
administrative justification: special needs beyond law enforcement searches reasonable suspicion: above a hunch, below probable cause, enough facts to justify interference probable cause: knowledge was from reasonably trustworthy source and is sufficient enough for one to believe a crime is being committed or is about to be committed
assume that shady is on trial for narcotics offenses. officer viligant testifies that shady fled from her when she attempted to affect an arrest. this is an example of an...
admission by conduct
which of the following cannot be considered hearsay
admissions by party opponents
this is a type of hearsay exemption where silence, not conduct, serves as an admission of guilt...
adoptive admission
martial testimony privilege covers...
adverse testimony
the 4th amendment protects _________________ from unreasonable searches and seizures
all of these (persons, effects, houses, paper)
which of the following is not true of the doctor-patient privilege
all states now have the privilege
in Terry v. Ohio, the court...
allowed patdowns based on reasonable suspicion
what is an affirmative defense
an action by the defendant that introduces an alibi, self-defense, necessity, consent, or insanity with evidence to support such a defense
which of the following is not an admission by party opponents that is exempt from the hearsay rule
an admission by a person not authorized by a party of speak
when are arrest warrants required? when are they not needed
an arrest warrant is required unless the arrest is made in public or there are exigent circumstances. exigent circumstances include hot pursuit, danger to officers, or third parties, possible escape, and/or possible destruction of evidence
what does it mean to be a "convicted innocent"
an individual who is arrested and pled or was found guilty but is in fact innocent
what is the defintion of hearsay
an out-of-court statement, made by a speaker other than the in-court witness, "offered in evidence to prove the truth of the matter asserted"
the privilege against self-incrimination
applies only to testimonial self-incrimination
which of the following is not a safeguard to ensure that only competent evidence is presented in court
applying stress to the subjecting witness to ascertain the complete truth
the supreme court has determined that the right to counsel means that indigent persons who cannot afford to hire a lawyer must be provided a lawyer at the state's expense. this is known as:
appointed counsel
which one of the following objections would an attorney most likely raise if during cross-examination opposing counsel asked a witness if he or she was lying
argumentative
what was the "bright-line" rule that was set in place by Payton v. New York
arrest in the home must be accompanied by a warrant if no exigent circumstances exist
there are situations where warrants are always required, one is
arrests in a home absent exigent circumstances
employers can require employees to submit to drug testing...
as a term of their employment
which of the following objections would an attorney most likely raise if during cross-examination a question was posed to a witness three separate times
asked and answered
the introduction of evidence sufficient to sustain a finding that an object is the object that the proponent of the evidence claims it is...
authentication
the only barrier to admitting drawings and diagrams is...
authentication
describe authentication. list 2 ways to authenticate a document
authentication: introduction of evidence sufficient to sustain a finding that an item of evidence is the item that the proponent of the evidence claims it is testimony of a witness with knowledge comparison by trier or expert witness to previously authenticated documents
SCOTUS has held that citizens, under certain circumstances, have no reasonable expectation of privacy in which of the following
bank records
a detention's reasonable is...
based on common sense and ordinary human experience
a frisk must...
be aimed at discovering weapons
in criminal trials, the burden of proof is by:
beyond a reasonable doubt
the prosecution can attack a witness's credibility for:
bias
the court and the jury in a criminal case know nothing about the dispute before the 2 parties involved. the court and the jury can come to know about the evidence properly introduced, this defines:
blank pad rule
DNA degrades if it is not kept...
both cold and dry
self-defense applies to:
both deadly force and non-deadly
particularity in a search warrant depends on whether the police know the...
both place to be searched and detailed items to be seized
statutes are often written
broadly
the burden of persuasion is commonly referred to as
burden of proof
a rental car agreement, signed by the defendant, is introduced into evidence after the victim was found dead in the trunk of the rented car. which one of the following exceptions to the hearsay rule would the example be considered
business records exception
the 4th amendment protects "persons, houses, papers, and effects" from unreasonable searches and seizures. examples of "effects" could be...
cars
the doctrine stating that people need not retreat and may defend themselves in their own home is the:
castle doctrine
evidence tampering disturbs the...
chain of custody
this term describes evidence that must have been in constant possession of one or more persons typically charged with handling evidence...
chain of custody
which of the following is not a common cause of wrongful convictions
chain of custody violations
impeachment is a way of
challenging a witness's credibility
england developed what is known as:
common law
on what source is american law primarily based
common law
the two most common primary sources of law are
common law (also known as judge-made law) and legislation
doctor-patient privilege applies to...
communication made for the purpose of, and relevant to, obtaining treatment of a disease
concerns a person's understanding of what it means to tell the truth:
competency
the party seeking to call a witness bears the burden of demonstrating
competency
the presence of particular characteristics and the absence of particular disabilities that render the witness legally qualified to testify in court defines
competency
define "competency of a witness" define "credibility of a witness" give 2 examples of an incompetent witness
competency: presence of particular characteristics and a sense of particular disabilities that render witness legally qualified to testify in court credibility: believability of the witness incompetent: child unable to remember what happened and someone judged insane that cannot understand the consequences of lying
stipulation can be viewed as _________________ made by either side
concessions
this occurs when a person implicates him or herself in criminal activity following police questioning and/or interrogation
confession
this entitles the accused to be present at trial face adverse witnesses...
confrontation clause
supporting evidence is:
corroborating evidence
what is the term that refers to whether the testimony of a witness should be believed
credibility
what is the burden of proof in a criminal case? what is the burden of proof in a civil case? which party has the burden of proof in each type of case?
criminal: beyond a reasonable doubt, up to the prosecution civil: preponderance of the evidence, up to the defendant
during what stage of a trial does impeachment most often occur
cross-examination
what is the difference between cumulative evidence and corroborative evidence
cumulative evidence: evidence that repeats what is already known corroborative evidence: supports another witness's testimony, adds more facts and confirms other evidence
this term can be defined as the "area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life"
curtilage
statutes that prohibit witnesses from testifying about transactions with a person involved in a case if the person died prior to the trial are:
dead man's statutes
which of the following people uttered the original statement(s) governed by the hearsay rule
declarant
what are 2 ways that issues regarding the character of the defendant or victim can be brought into trial
defendant's character can be questioned only if raised by the defense first victim's character can be questioned by either side and is related to victim's violence or truthfulness
when stopped for speeding, a person is...
detained
which of the following is an example of demonstrative evidence
diagram
evidence that proves a fact without the need for a juror to infer or presume anything from it is:
direct evidence
what is the difference between direct and circumstantial evidence
direct evidence: evidence that proves a fact without the need for the juror to infer or presume anything circumstantial: evidence that indirectly proves a fact and requires the jury to draw their own conclusions concerning whether the evidence in question should be taken as proof of the defendant's guilt
the initial examination of a witness is...
direct examination
the term "evanescent" when describing certain evidence stands for...
disappearing
unrestricted hearsay exceptions...
do not require that the declarant be inaccessible
the best evidence rule is also called...
documents originals rule
name and explain the types of demonstrative evidence.
drawings and diagrams: most common form; have to be authenticated by person who prepared it displays and demonstrations: restricted by standards for decency; mechanical processes are permitted
all of the following are syndromes except
drug courier
3 types of situations at which compulsion can occur are...
during questioning in written documents when a person is threatened with noncriminal sanctions by failing to testify
compulsion can occur...
during questioning in written documents when threatened with non-criminal sanctions by failing to testify
martial communications privilege applies to confidential communications made...
during the marriage
testimonial privileges are positive because they...
encourage open and honest communications in relationships where such communications is essential
if property damage is ___________, police actions can be deemed unconstitutional
excessive
explain the rationale for the "excited utterance" exception
excited utterances are admissible as they are seen as reliable, due to the fact that in times of stress and excitement, it is unlikely for someone to fabricate a statement
explain the exclusionary rule. what is it and why do we have it
exclusionary rule: any evidence obtained illegally (against the 4th amendment) is no admissible in a criminal trial to prove guilt this is meant to deter police misconduct
this occurs when wrongfully convicted individuals have been set free after having been convicted of crimes they did not commit...
exoherations
degree-bearing and non-degree-bearing are types of:
expert witnesses
what type of witnesses offer opinions relevant to a case
expert witnesses
what are the 4 most common causes of wrongful convictions
eyewitness misidentification unvalidated/improper forensics false confessions/admissions informats/snitches
this ensures that witnesses at either a trial or a grand jury hearing can be compelled to answer questions after they have waived 5th amendment privilege and being able to testify...
fair examination rule
which one of the following introduced at the beginning of the chapter is not a general category of evidence
fake evidence
DNA can always be used to prove the innocence of a person wrongfully convicted
false
a person with prior convictions cannot testify
false
a witness who has been impeached must leave the witness stand immediately
false
competent legal assistance is protected by the 5th amendment
false
conclusive presumptions are much more common than rebuttable presumptions
false
evidence law only applies to criminal cases
false
never has a lay witness been permitted to testify about a person's handwriting
false
religious beliefs can declare a person incompetent
false
the defendant's privilege is when the accused refuses to answer questions on the stand...
false
the modern-day hearsay rule also finds support in the confrontation clause of the 5th amendment
false
wrongful convictions are easy to overturn
false
supporters of a strong centralized government were called
federalist
in Warden v. Hayden, police officers...
followed the defendant into his home and effected an arrest
all of the following characteristics fit within the drug courier profile except...
frequently using a credit card
what type of jurisdiction must a court have to hear many different types of cases
general
which of the following will not support stopping vehicles at a roadblock
general checks to see if drivers may be committing any crime
which of the following is not a requirement for a search or arrest warrant to be valid...
generality
a lay witness is an ordinary person who
has knowledge about the facts of the case at hand
evidence law is the set of rules that governs what the jury can _____________ during trial
hear and see
what is the difference between hearsay exceptions and hearsay exceptions
hearsay exceptions are statements that are considered hearsay but are still allowed as evidence hearsay exemptions are statements that do not fall into the definition of hearsay and are exempt from the hearsay rule
when a witness violates an order of exclusion, he or she may be...
held in comtempt
explain the importance of common law to the modern system of law
helped developed the evidence code, federal rules of evidence, that is used in all federal courts and 40+ states
devices that enhance the senses but are not generally considered a search include...
high-powered flashlights
a third party can consent to a search...
if he or she possesses common authority over the area searched and if the non consenting party is not present
school children can be drug tested...
if they are in an extracurricular activity
define "impeachment" explain how impeachment is done, and give 6 ways a witness can be impeached
impeachment: formal term for attacking a witness's creditability. prosecution or defense can decide to attack the credibility of a witness through: -bias or prejudice -prior convictions -uncharged crimes and immoral acts -prior inconsistent statements -inability to observe -reputation
saying "it's freezing in here" when the heat is cut off in a home- a statement which is wholly subjective- is known as a(n)...
implicit assertion
which one of the following can not expect to have a reasonable expectation of privacy
in abandoned cars, containers, and other items
Miranda rights kick in as soon as the person in question is...
in custody
border checkpoints are justified...
in the interest of national security
polygraph results are
inadmissible in most court hearings
evidence that shows the defendant's guilt is...
inculpatory
the bill of rights is the primary source of
individual rights
age has been treated as a defense to criminal liability on the ground that persons below a certain age lack the requiste mental capacity to form mens rea or criminal intent. this is known as the:
infancy disease
_______________ are not mandatory
inferences
although an individual fits a criminal profile, he or she maybe...
innocent
an example of an excuse defense is:
insanity
the term "mens rea" refers to the:
intent of the offender
in Maryland v. Shatzer (2010), the supreme court reiterated the rule requiring an interrogation to stop after a suspect has...
invoked his or her right to counsel
conclusive presumptions are sometimes called:
irrebuttable presumptions
insanity
is a legal term that describes mental illness
a nonverbal act can be considered hearsay if it...
is intended to prove the matter asserted
when are communications covered by the martial communications privilege? when are they not
it applies to communications made during the marriage, not prior. the parties must have intended the communications to be private, the presence of 3rd parties void the privilege any crimes committed by one spouse against the other, committed by one spouse against the children of either spouse, failure to support a spouse or child, and/or bigamy voids the privilege
why is the 14th amendment one of the most important to the rights of the citizens
it expanded the bill of rights to apply to states instead of only the federal government
for an object to be in plain view...
it must be immediately apparent as criminal contraband the police must have lawful access to it
what are 3 constitutional requirements for a search or arrest warrant to be valid
it must be issued by a neutral and detached magistrate probable cause must be set forth in the warrant the warrant must conform to the 4th amendments particularity requirement
for a consent search to be valid...
it must be voluntary
what is the purpose of the confidential informant privilege
it promotes efficient law enforcement and encourages people to come forward by removing fear of reprisal by defendant
when a person is unavailable as a witness, his or her previous testimony can be admitted into evidence in the present trial under which of the following restrictions
it was made under oath and subject to direct or cross-examination, and the former testimony was given in a prior trial, deposition, or similar judicial hearing
a shield law is analogous to...
journalist's privilege
common law was developed by
judges
which one of the following is an appropriate/valid magistrate who can issue warrants
judges
legalese for "pre-existing or common knowledge" is:
judicial notice
the power of the court to examine a law and determine whether the law is constitutional is called:
judicial review
for a waiver to be made clear by the individual, it must be...
knowing and intelligent
what type of witnesses recount personal knowledge relevant to a casse
lay witnesses
this exception covers statements published in books, magazines, pamplets, and other such documents...
learned treatises
a rule of thumb to tell when either the judge or jury should make decisions is that judges make ________________ decisions and the juries make _____________________ ones
legal; factual
the best evidence rule applies when a writing is...
legally operative conduct
these out-of-court statement is not offered for the truth of the matter asserted when the (substantive law) makes uttering the statement a consequence fact...
legally operative conduct
explain the difference between lineups and showups
lineups: suspect is placed alongside several other people who, more or less, resemble the suspect showup: suspect is brought alone before the witness, who is then asked whether the person is the perpetrator
which of the following evidence is not a type of real evidence
marriage license
disclosure of confidential communications between spouses are protected by
martial communications privilege
what are the two separate parts of husband-wife privilege
martial testimony privilege: testimony by one spouse against another martial communications privilege: confidential communications between spaces
an incriminating statement is any compelled statement that...
may be used in a criminal proceeding
witnesses who have the ability to observe and remember:
may testify
eyewitness testimony is generally not reliable because...
memory fades quickly
list the 6 grounds for challenging witness competency
mental capacity children spouses previous convictions religious beliefs judges and jury members
which term means the "method of operation"
modus operandi
what are the 3 types of circumstantial evidence relied upon in order to show intent or motive
modus operandi: method of operation, signature motive: why someone committed a crime threats: threatening the victim over time
which of the following is individual legislation to provide compensation for wrongfully convicted people
moral obligation bills
in Arizona v. Gant (2009), the court held the vehicle searches incident to arrest...
must be narrowly focused on objects related to offense of the arrest
particularity in an arrest warrant depends on whether the police know the suspect's
name
when a declarant misspeaks or is misunderstood, it is a matter of...
narrative ambiguity
which of the following privileges was rejected by the supreme court and is usually protected by shield laws made at the state level
news reporter and source privilege
how many categories of hearsay exceptions do not require the declarant to be unavailable
nine
the fixed age at which a child can testify is:
no fixed age
what level of justification is required for a "consent" search
no justification needed. voluntary consent must be given
which of the following are reasons to disqualify a person from receiving state compensation for a wrongful conviction
no parden guilty plea prior convictions
is real evidence protected by the 5th amendment, why or why not
no, real evidence is not protected by the 5th amendment because in Schmerber v. California, the supreme court decided that self-incrimination only applies to testimonial evidence
which of the following objections would an attorney most likely raise if during cross-examination a witness began to continuously speak when asked a yes or no question
non responsive to a question
the accused, when testifying, is protected by the
none of these
which of the following is not a restriction on warrentless arrest
none of these (all of these are restrictions)
which of the following is not a type of reputation evidence that is admissible under the Federal Rules of Evidence
none of these (boundaries, personal or family history, character)
a ___________ occurs when the activity in question is not a product of government action and does not infringe upon a person's reasonable expectation of privacy
nonsearch
in what circumstance during trial will the defendant be required to answer questions put to him by the prosecution
once the accused makes the decision to testify
evidence of what the witness thinks, believes, or infers in regard to the facts in dispute, as distinguished from his or her personal knowledge is...
opinion evidence
explain the concepts of "present memory revived" and "past memory recorded"
past memory recorded refers to a written document recording being admitted as the evidence rather than the witness's testimony present memory revived refers to when a witness views a document and their memory is refreshed, so their statement to this effect is admitted as evidence. the document is not kept as evidence
when determining voluntariness, the courts focus on..
police conduct and the suspect's characteristics
what is precedent? what is stare decisis? how are they important in the development of law?
precedent: principle that all courts in a state are bound to follow the decisions of the highest court in the state. stare decisis: "let the decision stand", prior decisions on similar legal issues to current case, court is guided by that decision in cases that are similar, precedents/stare decisis can be used to decide the outcome of each case. precedent can be changed, however, courts are reluctant to reverse previous decisions
in most states, when the defense raises an affirmative defense, the burden of proof is:
preponderance of evidence
in civil matter, the burden of proof is typically by:
preponderance of the evidence
this is a statement made by the declarant as the event or condition is occurring
present sense impression
upon seeing a car driving at a high speed, a witness testifies that the declarant calmly stated "that looks dangerous" which one of the following exceptions to the hearsay rule would the example be considered...
present sense impression
______________ is/are typically mandatory (the jury is required to draw some conclusion)
presumptions
witnesses' credibility has been challenged for:
prior convictions, inability to observe, and prejudice
a factor considered in voluntariness is...
prior history location of questioning age
a right held by a person who was party to a confidential relationship, the sancity of which the law values above the search for the truth is...
privilege
what is the legal protection of certain communications from being revealed in court known as...
privileged
arrests require...
probable cause
the 4th amendment forbids unreasonable searches and seizures and requires the existence of _______________ before warrants may be issued or a search or seizure may take place
probable cause
warrants require...
probable cause
what is the only justification mentioned in the 4th amendment
probable cause
which of the following is characterized by a more than 50% certainity of guilt
probable cause
an affirmation is a:
promise to tell the truth
testimonial privilege was created to...
protect the confidentiality of communications that take place in certain relationships
two questions must be answered when determining whether a statement is offered in evidence to prove the truth of the matter asserted. these questions should focus on the content of the statement and the _________________ of the statement
purpose
the 12th century term "moral certainty" has been equated with:
reasonable doubt
which of the following is not a justification for a search or an arrest
reasonable doubt
stops require...
reasonable suspicion
which of the following is the standard for automobile stops
reasonable suspicion
which of the following would allow a police officer to stop an automobile but not to immediately arrest the occupant
reasonable suspicion
when the party against whom the presumption operates may introduce evidence to disprove the presumption, it is a:
rebuttable presumption
which of the following is least likely to be taken into judicial notice without mentioning it at a trial
reckless driving is driving twenty mph over the speed limit
which of the following can reduce erroneous identifications by victims and eyewitness
reform police lineups
real evidence must meet the requirements of...
relevancy
the Daubert test requires that the science be...
relevant
list and explain the 2 requirements for evidence to be admissible
relevant: must be relevant or pertain to the matter at hand and have some bearing on the trial competent: in a form that the jury is permitted to hear or see
a statement made for the purpose of medical diagnosis of the declarant is an exception to the hearsay rule. what is its primary rationale
reliability
the rationale for allowing excited utterances is...
reliability
describe 5 types of remedies for the wrongfully convicted
require police to electronically record interrogations place limits on the length of interrogations and tactics that lead to false confessions reform lineup procedures to reduce erroneous identification by victims and witnesses reform pretrial discovery by enacting open file discovery hold law enforcement officers and prosecutors accountable for misconduct in investigations
authentication is...
required when proponent is seeking to prove a point
which of the following might be the most common source of false matches in regard to flawed DNA testing
sample mix-up
in Atwater v. Lago Vista (2001), what was the misdemeanor that had Atwater arrested
seatbelt violation
any evidence of the contents of a writing other than the original constitutes...
secondary evidence
this federal statute allows civil claims for violations of constitutional rights and provides for civil damages against state governments, and/or actors as well as attorney fees...
section 1983
this category of evidence requires no extrinsic evidence, such as witness testimony, as their authenticity; they are deemed authentic on their face, or at first glance
self-authenticating documents
explain shield laws, who generally invokes them and why
shield laws allow new media to refuse to reveal their sources of information. news paper reports, magazines writers, tv/radio journalists, editors, etc. invoke this privilege to protect the identity of their source to avoid recriminations
search warrants....
should be served promptly after it is issued
the absence of records to kept in accordance with the business records exception is admissible to prove the nonoccurrence or nonexistence of the matter and is known as...
silent hound exception
evidence seized illegally by state police could be turned over to federal law enforcement officers for use in federal prosecutions because federal law enforcement officers were not
silver platter doctrine
which one of the following is not a reason DNA testing could be flawed
small sample
what are moral obligation bills
specifically drafted legislative acts generally used to pay otherwise unenforceable claims on behalf of individuals harmed by the state
which of the following objections would an attorney most likely raise if during cross-examination a witness was asked to take a guess to information he or she did not know
speculation and conjecture
what phrase specifically means "let the decision stand"
stare decisis
the essence of the 14th amendment was the bar __________ from infringing on individual rights
state governments
the highest court in the state is usually known as the:
state supreme court
out-of-court statements identifying a person after the declarant has identified the person are prior...
statements of identification
state secrets privilege...
still is in existence today
what is the difference between a stop and arrest? what is the level of objective justification for each?
stop: a citizen is stopped by an officer but is no under official arrest, under reasonable suspicion arrest: citizen is placed under arrest by an officer and is not free to leave; under probable cause
what is an official court document ordering a witness to appear at trial
subpoena
what is an official court document ordering a witness to bring court documents to a trial
subpoena duces tecum
the best evidence rule is concerned with the...
substance
a pattern of behavior or mental attitude exhibited by a particular person is a...
syndrome
describe and distinguish between a syndrome and a profile
syndrome: pattern of behavior or mental attitude exhibited by a particular person; helps excuse questionable conduct, offered as evidence of why victim acted a certain way profile: common characteristics shared by certain types of offenders; intended to lead conclusion that because a person fits a profile=guility
shielding or barring a witness from testifying is known as what type of privilege
testimonial
describe the 3 types of evidence:
testimonial: spoken or written communications made by a competent witness intended to convey a message/sentiment real: tangible items that can be displayed to the trier of fact documentary: documents and writings
evidence can be authenticated by...
testimony of a witness with knowledge
interrogation is questioning...
that tends to incriminate the individual being questioned about his or her involvement in a crime
what protection does the 5th amendment give to the witnesses
the 5th amendment protects criminal defendants from having to testify if they may incriminate themselves through testimony
in what way does the 6th amendment govern the hearsay rule
the 6th amendment contains the confrontation clause, which means the defendant has the right to confront the witness's against them hearsay, being a statement made out-of-court, denies the defendant their right to confront the one who made the statement
scientific evidence is subject to...
the Daubert test
what are the "silent hounds" exceptions
the absence of records, in accordance with business records exception and the official records exception, is admissible to prove the nonexistence of the matter
all of the following are exceptions to the requirement that police officers obtain warrants for misdemeanors committed out of their presence except if...
the act is committed at night
define "rehabilitation of a witness" give 2 examples of how a witness can be rehabilitated
the act of introducing evidence or calling additional witnesses to restore the credibility of a witness who has been impeached argue that witness was untruthful in the past but is now telling the truth introduce over evidence to bolster witness's credibility
credibility is:
the believability of the witness
explain Marbury v. Madison and the impact the case had on the judicial system
the case established the authority of SCOTUS to engage in judicial review of the acts of other branches of the government. this case held SCOTUS as the highest power of the court system
to determine the voluntariness of a confession, the courts usually will focus on the police conduct in questioning the suspect as well as...
the characteristics of the suspects
in which of the following sources of law is the principle of "eye for an eye" found
the code of Hammurabi
what is the significance of the supreme court's ruling in the case of Brady v. Maryland
the court established the prosecution must turn over all evidence that might exonerate the defendant to the defense
under FRE 804 (b)(2) a dying declaration is admissible as evidence under all of the following conditions except:
the declarant did not believe that her death was imminent when the statement was made
the right not to answer any questions or testify at trial is...
the defendant's privilege
which party must introduce evidence of character before it is considered relevant
the defense
in regard to expert testimony, voir dire is where:
the expert's expertise is established
the term "seizure" has a dual meaning. what are they
the fruits of searches that are seized the seizures of persons
the person who has the right to keep certain things from being revealed is...
the holder of privilege
explain what is meant by "the holder of the privilege"
the holder of the privilege refers to the person who has the right to keep certain information from being revealed and can exercise the privilege by requesting the court to prevent the testimony, pre-trial or at trial
which of the following is not an exception to the knock and announce rule
the occupant of a dwelling has an extensive crime record
state the opinion rule and explain how it applies to testimony of lay and expert witnesses
the opinion rule states that if facts are unavailable, then opinion evidence can suffice if it is helpful to the trier of fact lay witness can produce opinions based on facts of which they have personal knowledge expert witnesses are there to give their expert opinions on the case
list and explain the 4 main reasons hearsay information from hearsay statements is kept out of trial
the original speakers absence means the jury is unable to determine: -sincerity: meant to tell the truth -perception: had an adequate opportunity to perceive or learn about the subject of the out-of-court statements -ambiguity: understood the typical meanings of the words they used -memory: had a clear memory of the subject of the out-of-court statement
cross-examination is performed by...
the party that did not call the witness
explain the plain view doctrine
the plain view doctrine allows an officer to seize evidence of a crime without a warrant. the object(s) must be immediately apparent as criminal evidence and the officers must have lawful access to the object(s)
Miranda is applicable when...
the police interrogate a suspect who is in custody
which of the following would allow a prior conviction to be introduced to impeach a witness
the probative value outweighed the prejudicial value
a proceeding is deemed criminal based on...
the punitive sanctions involved
the 4th amendment contains 2 basic clauses...
the reasonableness clause and the warrant clause
before a court will determine that a testimonial privilege exists...
the relationship must be one that society believes should be promoted and protected
the business records exception includes 4 restrictions. which of the following is not one of these restrictions
the statement could have been recorded at any time after the event or condition
a recorded (written or recorded on audio) statement of a declarant may be read into evidence or played for the trier of fact, provided that a number of conditions are met. which of the following conditions are not required
the statement does not have to be an accurate reflection of the knowledge of the witness/declarant at the time that it was made
what prohibits experts from expressing opinions on final issues that the judge or jury was charged with deciding?
the ultimate issue rule
which of the following is not an essential requirement of a competent witness
the witness must not have any interest in the proceedings
after seeing the defendant in trial for battery, a witness testifies that declarant stated "that dude looks angry" which one of the following exceptions to the hearsay rule would the example be considered
then-existing mental, emotional, or physical condition
a frisk is permissible if...
there is reasonable fear for officer safety
what are the 3 prerequisites for expert testimony before it may be accepted by the court
there must be a need for expert testimony there must be a sufficiently established body of knowledge on the subject about which the expert will testify the witness must be shown to have a background necessary to qualify as an expert in the field
which of the following is true of presumptions
they are good for public policy they save time they are essential for effectiveness in government
which of the following is not true of conclusive presumptions
they can be disregarded by the jury if circumstances warrant
which of the following is not true of administrative searches
they must be based on probable cause
which of the following is not true of search warrants
they must include the date of the search
which of the following is a criticism of testimonial privileges
they sometimes exclude important relevant evidence
what is a justification defense? give 3 examples and explain each one
this defense is raised when the defendant admits that they are responsible for the act but claims that it was lawful under the circumstances self-defense: defending yourself, property, or others consent: victim gave voluntary, knowing, intelligent consent (boxing) execution of public duties: in course of executing duties (police)
what is an excused defense? give 5 examples and explain each one
this defense is raised when the defendant admits what they did was wrong but they are not responsible under the circumstances duress: threatened with physical or mental harm intoxication: involuntary, drugged mistake: unaware of obscure law, mistake of fact is allowable if it negates a material element of crime infancy: those below a certain age lack mental capability to form mens rea (criminal intent) insanity: mental illness or defect
statements regarding character or admissible under which limitation
to character in one's community or in a group of which she is a member
the 6th amendment provides the suspects the right...
to counsel
which of the following is not a reason for the passage of compensation statutes
to give wrongfully convicted persons lots of money
the armspan rule limits a search...
to the area within a person's immediate control
an exception to doctor-patient privilege is...
treatment of any wounds by a deadly weapon
until 1967, SCOTUS defined searches mainly according to property law. according to the _____________ to qualify as a search, officers had to physically invade a "constitutional protected area"
trespass doctrine
"judicial review" simply means the power of the court, specifically judges, to examine a law and determine whether the law is constitutional
true
a 6th amendment violation occurs when a conclusive presumption is required by law
true
a prerequisite for expert testimony is that there must be a need for it
true
admissions by party opponents are not considered hearsay...
true
after a privilege is waived for a purpose it is waived for all purposes...
true
custody is defined by how a reasonable person would understand the situation
true
lay witnesses can be permitted to testify concerning a person's age
true
opinion evidence is evidence of what the witness thinks, believes, or infers in regard to facts in dispute
true
prosecutors and police often have immunity from wrongful conviction lawsuits
true
the key testimonial evidence is that it must be given under oath
true
the test in determining the voluntariness of a confession is the totality of the circumstances test
true
which one of the following is not part of the three varieties of information that is given by informants
unknown
Griffin v. Wisconsin
upheld probation rule permitting probation officers to search a probationer's home without a warrant
when anything a witness says on the stand cannot be used against him or her in a criminal proceeding, it is...
use immunity
which one of the following is not a common type of identification procedure
video stream
which of the following exceptions to the hearsay rule would a marriage license be considered
vital statistic exception
consent must be:
voluntary, knowing, and intelligent
oirginal writings are not required...
when the original is lost
an exception to the doctor-patient privilege is...
when the patient sues the doctor
what are 2 factors that need to be considered to determine when a search has occurred
whether the presumed action is a product of government action whether the law enforcement activity in question infringes on an individual's "reasonable expectation of privacy"
the purpose of an oath is to communicate to a witness that they:
will be testifying under penalty or perjury
explain the difference between witness competency and witness privilege
witness competency refers to the ability of a witness to testify witness privilege refers to the ability of a witness to take the stand and testify or assert the privilege against self-incrimination
the supreme court ruled that required school officials to obtain a warrant before conducting searches of students...
would interfere with the maintenance of the swift and informal disciplinary procedures needed in schools
