Final Exam

If a lineup is held in a jail viewing room, the lighting should be:

At a similar level to what lighting was at the crime scene

A person who has been acquitted of a crime:

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

How does a spontaneous statement differ from a contemporaneous declaration?

Contemporaneous declarations can be made in response to questions but spontaneous statements can not

Statements made during the initial conference with an attorney are

Covered by the attorney-client privilege

An adoptive (fact) admission is:

Failure to deny allegation

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

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

Have similar physical characteristics

A suspect who is not present when the pictures are shown to the witness has the right to have an attorney present during a photographic 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

A co-conspirator's statement can be used at the trial of the other conspirator:

Only if the statement was made during the course of the conspiracy

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

Police may not question the person again without an attorney present

A forensic examination of a computer can:

Recover files that have been erased

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.

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

A document can be authenticated by the testimony of a person who saw the document being made.

True

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

false

A person's explanation to the police that last year he/she stole money while under extreme duress is admissible under the Mental or Physical State Exception to the Hearsay Rule.

false

A statement may be introduced as a declaration against interest only if the person who made the statement testifies at trial.

false

A suspect can invoke his/her Fifth Amendment rights as grounds to refuse to give a voice exemplar during a lineup.

false

A witness's prior consistent statements cannot be used to bolster his/her testimony.

false

All statements made by a homicide victim who believes he/she is about to die are admissible under the Dying Declaration Exception to the Hearsay Rule.

false

All statements not made in court are hearsay.

false

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

false

Hearsay is admission in court only if the declarant is unavailable to testify.

false

If lay witnesses authenticate a handwritten document, the opposing side will NOT be allowed to call a forensic document examiner to establish that the document is a forgery.

false

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

false

Juveniles under 16 do not have the legal capacity to wave their Miranda rights.

false

Miranda warnings are required when officers stop and question a suspect based on reasonable suspicion.

false

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

false

Officers must stop questioning immediately if a suspect makes an ambiguous request to have an attorney present during questioning.

false

Only a lineup is allowed in a case

false

Police violate the suspect's Miranda rights if they do not immediately obtain an attorney for the suspect when he/she asks for one.

false

Prior to questioning a suspect who is in custody, the police must obtain the suspect's explicit consent to talk to them.

false

Probable cause is required in order to conduct a photographic lineup.

false

Statements made by eye witness recorded in a report made by a police officer who was dispatched to the scene of a crime are admissible in court under the Public Records Exception to the Hearsay Rule.

false

Testimony about reputation is not admissible at trial because it is double hearsay.

false

Testimony of a person who was present when a document was prepared would be admissible at trial if the document was destroyed by accident.

false

The hearsay rule applies to oral statements but not written ones

false

The miranda warnings must be given to the suspect in the exact language used by the Supreme Court in the Miranda decision.

false

The only thing a defense attorney can do to refute the results of scientific tests performed in government labs is to have the sample tested in an independent lab.

false

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

idk

The Miranda warnings are required during booking:

never

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

none of these

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

A person who has been detained based on reasonable suspicion can be required to participate in a showup that is held at the location where he/she was stopped.

true

A statement made by the defendant falls under the Admissions Exceptions to the Hearsay Rule in a criminal trial.

true

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.

true

A suspect has a Sixth Amendment right to have an attorney present at a lineup that is conducted after the preliminary hearing.

true

A transcript of testimony at the preliminary hearing is admissible at trial if the witness in question is unavailable to testify.

true

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

true

Any scientific test can be challenged based on faulty test equipment.

true

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

true

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

true

If a suspect invokes the right to have an attorney present during questioning, the police must not attempt to persuade the suspect to continue the questioning without an attorney present.

true

Miranda warning are required prior to both direct and indirect questioning of a suspect who is in custody

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 published.

true

Prior inconsistent statements are admissible to impeach the person who made them.

true

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

true

Silence when a police officer is accusing a person of committing a crime is not considered an adoptive admission

true

Statements are admissible under the Mental and Physical State Exception to the Hearsay Rule only if they describe a condition that existed at the time the statement was made.

true

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

true

Statements the defendant made during the time the crime was committed can be admitted contemporaneous declarations.

true

The "chain of custody" must be established before the prosecution can admit crime scene evidence at trial.

true

The declarant is the person who originally made the statement.

true

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

true

To be admissible, an experiment must be conducted under the same conditions as those that existed at the time of the crime (or event in question).

true

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

Only for lineups held after arraignment

The Fifth Amendment privilege against self-incrimination applies to:

All forms of testimonial evidence

"Statement" as used in the Hearsay Rule means:

All of these are considered "statements"

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

All of these qualify as unavailable witnesses

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

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

Historically, there were no exceptions to this privilege

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

Hold a voire dire hearing

If a suspect was arrested and questioned in violation of Miranda, a voluntary statement obtained during a subsequent interrogation session will be admissible at trial

If Miranda warnings were given correctly prior to the second interrogation session, the Fruit of the Poison Tree analysis will be used to determine if they are admissible

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

To qualify for the Dying Declaration Exception to the Hearsay Rule, the dying person's statement:

Must relate to cause of impending death

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

The fact that ink manufactures include unique, nontoxic chemical markers in their ink each year makes it possible to determine:

When the ink on a document was produced

In legal documents, the term "writing" refers to:

all of these

The Declaration Against Interest Exception to the Hearsay Rule requires that the statement be:

all of these