Evidence Ch. 10

Statements made during the initial conference with an attorney are:

Covered by the attorney-client privilege.

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

Diagnosis Treatment Obtaining a "second opinion"

​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

​A privilege covers:

Face-to-face conversations. Telephone calls. Messages sent by fax.

Any evidence, such as the murder weapon, that the defendant turns over to the defense attorney is privileged.

False

The attorney-client privilege only applies to preparation of the case for trial.

False

The clergy-penitent privilege applies to all conversations between a member of the clergy and a person in his/her congregation.

False

The clergy-penitent privilege is unique in that it has no exceptions.

False

The defense never has the right to obtain copies of complaints in the arresting officer's personnel records.

False

The physician-patient privilege only applies if the patient sought the help of an M.D. for treatment of an existing illness.

False

The physician-patient privilege prevents the prosecution from admitting statements the defendant made to his/her personal physician about gunshot wounds sustained during the commission of a crime.

False

The prosecution's use of a privilege that was not part of the common law in order to prevent testimony from being introduced at a criminal trial violates the defendant's Sixth Amendment rights.

False

When a person is charged with a crime, the privilege for confidential communications between husband and wife can no longer be used.

False

Historically, which of the following were exceptions to the clergy-penitent privilege?

Historically there were no exceptions to this privilege.

​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.

When the defense demands to know the identity of a police informant, the judge will review the evidence about the police informant:

In the judge's chambers.

If a defendant invokes the privilege against self-incrimination and refuses to testify at trial, the prosecutor should:

Make no comment on the defendant's invocation of his/her rights.

An attorney who has had a privileged conversation with a client can be compelled to disclose:

Names and dates of consultations.

The statutory privilege that protects reporters from going to jail for refusing to reveal the sources applies to:

Names of the individuals who were interviewed. Information used for background for a story that was published. Notes about information the reporter did not include in the published article.

​The privilege not to testify against a spouse can be invoked:

Only while the husband and wife are actually married.

The physician-patient privilege belongs to:

Patient

When the defense files a motion demanding to see the personnel file of the arresting officer, the judge will:

Review the personnel file in camera before announcing a decision.

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

Spouse

Which of the following is an exception to the privilege not to testify against a spouse?

Spouse abuse. Abuse of the spouse's children. Failure to pay child support.

A defendant waives a privilege by:

Telling someone what was said during a privileged conversation.

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

That the President has the right to invoke the privilege.

​The First Amendment freedom of the press has been interpreted by the U.S. Supreme Court as establishing a privilege for reporters:

There is no constitutional privilege for the media.

​The clergy-penitent privilege currently applies:

To confidential communications for the religious guidance in compliance with the denomination's doctrines.

A confidential conversation loses its status as privileged if the holder of the privilege voluntarily discloses the content of the conversation to someone not covered by the privilege.

True

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

True

Both the laws regarding privileges and the Hearsay Rule must be satisfied in order to have a confidential communication admitted at trial.

True

Nearly all states give newspaper reporters a statutory right to refuse to testify about the source of information that he/she collected for a story which was not published.

True

Privileges are based on a social policy that in some situations confidentiality is more important than revealing relevant evidence at trial.

True

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.

True

Some states refuse to allow the privilege for confidential communications between husband and wife to be invoked during a trial that is held after the marriage has ended.

True

The clergy-penitent privilege applies to communications with the clergy regardless of the denomination's doctrines.

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 privilege not to testify against a spouse can be used only if the parties are married at the time the spouse is called to the witness stand.

True

The privilege which allows the police to withhold the identity of the informant from the defense applies in all felony cases.

True

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

With husband and wife and their very young children present.