Evidence 2

The U.S. Supreme Court made the exclusionary rule mandatory in federal courts in

1914

The U.S. Supreme Court made the exclusionary rule binding on the states in

1961

Improper police conduct must be deterred in order to accomplish the purpose of the _____ amendment

4th

The Self-Incrimination Clause has only one specific goal: to protect against compelled self-incriminating statements. This falls under what amendment?

5th

Under the federal rules of evidence and in a number of jurisdictions which of the following is specifically defined as not being hearsay even though it may appear to be hearsay

Admission by a party opponent

Im jurisdictions with a psychotherapist-patient privilege, there is usually an exception for

Dangerous patients

The problem with hearsay testimony is that the person who actually saw the event

Is not on the witness stand

The husband-wife (marital) privilege

Is recognized in about half the states

It has been held that courts should not take ______ of facts that are an element of the crime charged or serve as the basis for increased prison sentences

Judicial Notice

The U.S. Supreme Court made the federal exclusionary rule mandatory for state court in

Mapp v. Ohio

Federal statutes give federa employees a privilege not to reveal

Military or diplomatic secrets vital to national security

With regard to testimonial hearsay, the U.S. Supreme Court overrules Ohio v. Roberts in

Minnesota v. Murphy

The case establishing limits to identification checkpoints in public housing projects was

O'Connor v. Ortega

The attorney-client privilege does not apply when the client informs the attorney of

Planned crimes

The famous trial of __________ in 1603 prompted concern about the use of hearsay in English trials

Sir Walter Raleigh

The admission of hearsay testimony may sometimes violate the _____ Amendment.

Sixth

The practice of obtaining criminal convictions based on hearsay was especially prevalent between 1558 and 1625 when English courts utilized the infamous

Star chamber trials

Statements offered to prove which of the following would be hearsay?

The declarant was told by the defendant's mother that she saw the defendant pull the trigger and fire the fatal shot.

Which of the following is an exception to the marital privilege

When one spouse has committed a crime against another

If the declarant makes a statement that could subject them to criminal charges, the statement would probably be admissible under the exception for statements _____.

against penal interest

Judicial notice is permitted in

all jurisdictions

Consent must be voluntary for a valid warrantless search. Other factors that may be considered in determining whether a search was voluntary are

all of these

The federal exclusionary rule

applies only in criminal cases

Under Federal rules, testimony about statements made by a person to show that the person was mentally ill

are hearsay but are admissible because of their indicia of reliability

To fall within the hearsay rule, the declarant's statement must be a/n ____ statement

assertive

The oldest confidential communication privilege known to the common law was the ___________ privilege

attorney-client

The use of hearsay potentially involves a violation of the defendant's right to

confront and cross-examine adverse witnesses

The Constitutions ______ clause and rule against hearsay protect similar values

confrontation

For "testimonial" statements, Washington v. Crawford

creates divergence between hearsay exception and the Confrontation Clause

Whether consent is voluntary is a question of fact to be determined by the __________.

credibility of the person in control of the property

The area directly around the home such as the yard is called the _____.

curtilage

Crawford v. Washington is a decision which protects

defendants

The fruit of the poisonous tree doctrine is also known as the

derivative evidence

The physician-patient privilege

did not exist at common law

The person with actual or apparent authority would most likely be

driver of the car

The statement by a shooting victim just before they died would probably be admissible under the hearsay exception for

dying declarations

The primary justifications for the exclusionary rule is

ensuring judicial discretion

Which of the following is a firmly rooted hearsay exception in the law of evidence?

excited utterance

When the exclusionary rule applies, the evidence will be _____________.

excluded

Which of the following is not an exception to the exclusionary or derivative evidence rules?

exigent circumstances

In California v. Greenwood, the USSC upheld police search and seizure of a garbage left on the curb by the defendant for pickup because the defendant

had no reasonable expectation of privacy in the trash

If a person abandons property, they

have no Fourth Amendment rights with regard to that property

Prosecutors generally have a privilege not to reveal the

identity of confidential informants

If the police can show that the evidence was discovered by two methods, one of which was lawful, it may trigger the ____________ exception to the exclusionary rule.

inevitable discovery

If the police can show they would have eventually found the evidence anyway by legal means, it may trigger the ____________ exception to the exclusionary rule.

inevitable discovery

The doctrine making the exclusionary rule applicable to evidence obtained indirectly from unconstitutional police conduct is termed the __________ doctrine

inevitable discovery

If a person abandons property because of illegal police activity, it _____.

is not valid abandonment for 4th amendment purposes

One famous scholar stated that the development of the hearsay rule was the second greatest contribution of the English legal system next to

jury trial

The oldest application of judicial notice is for

matters generally known within the community or state

Statements made to a physician for the purpose of diagnosis or treatment

may be both privileged and an exception to the hearsay rule

Property left in a motel room or storage locker after the rental agreement has expired

may be deemed abandoned

One of the costs (and criticisms) of the federal exclusionary rule is that it _____.

may result in guilty people being acquitted

In U.S. v. Leon, the Supreme Court recognized a _____________ exception to the exclusionary rule

objective good faith

Police may enter open fields without a warrant because _____.

open fields hav e no reasonable expectation of privacy protection against police entry

Hearsay can be written statements, communicative conduct or

oral statements

Drug testing of law enforcement and correctional personnel and certain categories of public school students may be done without a warrant if done

randomly or based on individualized reasonable suspicion

To have standing to contest a police search (and a 4th amendment complaint) the person must have had an ________ in the place or things searched

reasonable expectation of privacy

There is a hearsay exception for business, government, and religious records as long as the records are

regularly kept

The primary purpose of judicial notice is to

save time and effort

The USSC has specifically held that public school boards may require random drug testing of

student athletes and those involved in extracurricular activities

Where, however, a significant period of time goes by between the improper conduct and the new evidence, the U.S. Supreme Court has long held that the __________ from the improper conduct can be dissipated

taint

People can assert the privilege against self-incrimination only for _______ evidence.

testimonial or communicative

There is no 4th amendment search when police view something

that is in open view

The exclusionary rule would not apply in a case of an unlawful search and seizures conducted by a private citizen acting totally on their own because

the 4th amendment does not apply to private conduct

If a vehicle is abandoned

the articles in the vehicle are also abandoned.

To fall within the hearsay rule, the testimony must be offered to prove the

truth of the matter asserted in the statement

In cases involving automatic mandatory drug testing for candidates for public office and where criminal prosecution was possible, the USSC held that the laws were

unconstitutional under the 4th

The type of evidence which excluded pursuant to the exclusionary rule includes all but one of the following

witness evidence