Crim 6

A private investigator is handing over incriminating evidence to the police, who are unaware of the circumstances by which the investigator obtained the evidence. This would be an example of which exception to the "fruit of the poisonous tree" doctrine?

independent source => The independent source exception is an exception to the "fruit of the poisonous tree" doctrine that permits the introduction of evidence if it has arrived via an independent source, such as a party disconnected from the case at hand.

All of the following are exceptions to the "fruit of the poisonous tree" except __________.

inevitable discovery => The inevitable discovery exception is an exception to the "fruit of the poisonous tree" doctrine that permits the introduction of evidence if it would have been discovered anyway. However, it is not the only exception.

After a widely criticized police shooting, the police commissioner orders the department to conduct a(n)______ to determine the validity of the complaints leveled against the officers involved.

internal review => Internal review is a non-judicial remedy in which the police investigate on their own complaints against officers.

A respected community leader is asked to resolve a dispute between the police department and the minority community. This best represents ______.

mediation => Mediation is a method of alternative dispute resolution in which a neutral third party renders disciplinary decisions.

Fareed's conviction was thrown out of court when on appeal the court ruled that the initial evidence which led to Fareed's arrest was derived from a constitutional rights violation. Fareed can thank the _________ for his freedom.

"fruit of the poisonous tree" doctrine => The "fruit of the poisonous tree" doctrine is an extension of the exclusionary rule. The poisonous tree is the initial unconstitutional search or seizure. Anything obtained from the tree is considered forbidden fruit and is not admissible at trial.

The ____________ permitted the use of evidence in federal court that had been obtained illegally by state officials.

"silver platter" doctrine => The "silver platter" doctrine was a practice that permitted the use of evidence in federal court that had been obtained illegally by state officials. However, the Supreme Court denounced this doctrine in 1960.

Which of the following statutes allows individuals to civilly sue criminal justice officials who have violated their constitutional rights?

42 U.S.C. Section 1983 => 42 U.S.C. Section 1983 (simply known as Section 1983) is a federal statute that provides a remedy in federal court for the "deprivation of any rights secured by the Constitution and laws" of the United States. Simply stated, it allows individuals to civilly sue criminal justice officials who have violated their constitutional rights.

When Officer Berry misread the address of a search warrant, he mistakenly searched an adjacent apartment where he found evidence of criminal activity and subsequently arrested the occupant. According to the good faith exception to the exclusionary rule, why would this illegally obtained evidence be considered admissible in court?

Because an honest mistake was made during the course of a search and seizure. => According to the good faith exception to the exclusionary rule, when an honest mistake is made during the course of a search and seizure, any subsequently obtained evidence will be considered admissible.

Which of the following is the strongest method of citizen input in which a civilian panel investigates, adjudicates, and recommends punishment to the police chief?

Civilian review => Civilian review is the strongest method of citizen input in which a civilian panel investigates, adjudicates, and recommends punishment to the police chief.

Alphonso's lawyer objected when the U.S. District Attorney introduced evidence that was purposely gathered in violation of the Fourth Amendment. Thankfully for Alphonso, the judge did not allow the evidence to be submitted based on the _____________.

Exclusionary rule => The exclusionary rule requires that evidence obtained in violation of the Constitution cannot be used in a criminal trial to prove guilt.

In which of the following ways does a civilian review differ from a civilian monitor?

In a civilian review, a civilian panel investigates, adjudicates, and recommends punishment to the police chief, while in a civilian monitor, a civilian is only allowed to review the adequacy and impartiality of the process. => Pure civilian review is the strongest form of review, where a civilian panel investigates, adjudicates, and recommends punishment to the police chief. The civilian monitor form leaves investigation, adjudication, and discipline inside the department; a civilian is allowed to review the adequacy and impartiality of the process.

Officer James receives a complaint that one of the police officers in his squad used his authority as a police officer to bully citizens in a cafe. He wants to investigate these complaints and choose to conduct a citizen review. Which of the following is a reason for him choosing a citizen review over internal review.

It ensures a more thorough and objective investigation. => Citizen involvement in the complaint process will produce more objective investigations.

The exclusionary rule was made applicable to the states in which of the following Supreme Court cases?

Mapp v. Ohio => In Mapp v. Ohio, a 5-to-4 decision, the Supreme Court decided that the exclusionary rule applied to the states. Mapp was, and continues to be, one of the most significant criminal procedure cases the Supreme Court has decided.

Which of the following is a remedy when alleged police misconduct does not involve constitutional rights?

Mediation => Mediation is a method of alternative dispute resolution in which a neutral third party renders disciplinary decisions.

The police arrived at the scene of a domestic disturbance, where a husband had taken his wife hostage. The officers were able to persuade the husband to let his wife go free without any harm. However, after she was safe with officers, the husband turned the gun on the officers and fired two shots. The police fired back and ultimately killed the husband. What will shield the police from criminal liability in this scenario?

Public duty defense => A public duty defense is a defense that shields police officers from criminal liability when performing certain official functions, such as using deadly force.

Officer Smith was sued under 42 U.S.C. Section 1983 for shooting an armed suspect who was resisting arrest. Which of the following would serve as a defense for the lawsuit filed against him?

Qualified immunity => Officials who are sued under 42 U.S.C. Section 1983 can assert a qualified immunity defense, which was developed to accommodate two conflicting policy concerns: effective crime control viz-à-viz the protection of people's civil liberties. Qualified immunity is a judicially created defense, just like the exclusionary rule is a court creation.

Caleb is a suspect in a fraud and embezzlement case. The police illegally searched his residence but could not use the evidence they found due to the "fruit of the poisonous tree" doctrine. Two weeks later, Caleb went to the police station and confessed to the accusations made against him. Which of the following exceptions to the "fruit of the poisonous tree" doctrine permits the use of the confession as evidence against Caleb at trial?

The "purged taint" exception => The "purged taint" exception is an exception to the fruit of poisonous tree doctrine that permits the introduction of evidence if it has become attenuated to the extent that it dissipated the taint of the initial unconstitutional act.

If police officers make an honest mistake during the course of a search or seizure, a judge can allow any subsequently obtained evidence admissible in court based on which exception to the exclusionary rule?

The good faith exception => The good faith exception is an exception to the exclusionary rule providing that when an honest mistake is made during the course of a search or seizure, any subsequently obtained evidence will be considered admissible.

Which of the following scenarios best exemplifies the inevitable discovery exception to the fruit of the poisonous tree doctrine?

The police illegally questioned a suspect who confessed to the armed robbery of a jewelry store that resulted in the murder of two store employees. The police discover the bodies of the employees in the back room of the store. The judge allows this as evidence in court. => The inevitable discovery exception is an exception to the fruit of the poisonous tree doctrine that permits the introduction of evidence if it would have been discovered anyway.

Which of the following scenarios best exemplifies the impeachment exception to the exclusionary rule?

The police illegally seize weapons from a drug dealer's house. The judge allows the weapons to be admissible in a later trial to question the credibility of the drug dealer. => The impeachment exception to the exclusionary rule allows that evidence considered inadmissible at one trial can be used in a later trial to impeach (i.e., cast doubt on the credibility of) the defendant.

In which situation is prosecution under the federal statute 18 U.S.C. Section 242 most likely?

The police physically beat a confession out of Malcolm, and that confession forms the basis of his conviction. The police are then prosecuted. => 18 U.S.C. Section 242 is a federal statute used to hold police officers, or other government actors, criminally liable for actions that cause violations of people's constitutional—or otherwise federally protected—rights.

The two requirements for a successful 42 U.S.C. Section 1983 lawsuit are ___________.

a person acting under the color of law and a constitutional violation => There are two key requirements for a Section 1983 lawsuit to succeed. First, the defendant, the person being sued, must have acted under "color of law." The Supreme Court has stated that someone acts under color of law when he or she acts in an official capacity. The second requirement is that a constitutional rights violation has occurred.

A judge in a criminal trial penalizes the state's district attorney for a procedural violation. The judge's penalty is an example of ________ used to rectify a wrongdoing by the state.

a remedy => A remedy provides a legally accepted method of rectifying police wrongdoing.

Based on the Supreme Court case Monell v. Department of Social Services (1978), if ______ adopt and implement policies or adopt customs that become responsible for constitutional rights violations, they can be held liable under Section 1983.

cities and counties => Cities and counties can be held liable under Section 1983, particularly if they adopt and implement policies or adopt customs that become responsible for constitutional rights violations.

Malcolm was released from prison and sought money, otherwise known as _________, from the city whose police department had illegally abused him.

damages => Damages are payment for injuries or perceived injuries suffered. The defendant(s) named in a civil lawsuit may be ordered to pay such damages.

Dean strongly believes that the police in his town routinely violate his constitutional rights. He responds by writing letters to the local newspaper in order to raise awareness. Dean's actions would be considered _______ in nature.

extralegal => Extralegal remedies are those conducted outside the legal process. For example, if one man is assaulted by another, the assaulted individual may seek revenge and opt to resolve the perceived injustice with his fists. This is an extralegal remedy. Legal remedies are those made available by the law, by a court decision, or by a police agency policy or procedure.

The rule that excludes additional evidence later obtained in an investigation that was the result of an initial illegal search is called the __________.

fruit of the poisonous tree doctrine => The rule that excludes additional evidence later obtained in an investigation that was the result of an initial illegal search is called the fruit of the poisonous tree doctrine.

The Cristoff law firm is known for its effective representation of defendants. Key to its strategy is the use of ________, which bars the introduction of illegally obtained evidence into a trial.

the exclusionary rule => The most significant remedy in criminal procedure is the exclusionary rule. It is, simply, a rule of exclusion. The exclusionary rule requires that evidence obtained in violation of the Constitution cannot be used in a criminal trial to prove guilt.