Criminal Procedures 2 Final Exam

If a lineup is held in a jail viewing room, the lighting should be: a. At a normal daytime brightness b. At a level similar to what the lighting was at the crime scene c. Low so the viewers can see the suspects but the suspects cannot see the individuals viewing the lineup d. At a level that is comfortable for the viewer

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

How does a spontaneous statement differ from a contemporaneous declaration? A. Contemporaneous declarations can be made in a response to questions but spontaneous statements can not b. Spontaneous statements must be made orally but contemporaneous declarations can be either oral or written c. Contemporaneous declarations can be made with law enforcement officers present but spontaneous statements can not d. Spontaneous statements are admissible at trial but contemporaneous declarations are not

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

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

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 T or F

False

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

False

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

False

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

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 T or F

False

All statements not made in court are hearsay T or F

False

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

False

Hearsay is admissible in court only if the declarant is unavailable to testify T or F

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 T or F

False

Items that the police recover from the crime scene must be sealed air tight, damper proof containers T or F

False

Juveniles under 16 do not have the legal capacity to waive their Miranda rights T or F

False

Miranda warnings are required when officers stop and question a suspect based on reasonable suspicion T or F

False

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

False

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

False

Only one lineup is allowed in a case T or F

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 T or F

False

Prior to questioning a suspect in custody, the police must obtain the suspect's explicit consent to talk to them T or F

False

Probable cause is required in order to conduct a photographic lineup T or F

False

Statements made by eye witnesses 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 T or F

False

Testimony about reputation is not admissible at trial because it is double hearsay T or F

False

The Miranda warnings must be given to the suspect in the exact language used by the Supreme Court in the Miranda decision T or F

False

The hearsay rule applies to oral statements but not written ones T or F

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 T or F

False

A person can invoke a Fifth Amendment right to refuse to participate in a field of sobriety test: a. Never - Fifth Amendment rights cannot be invoked as a reason to refuse to participate in a field of sobriety test b. Fifth Amendment rights can be invoked if a person is asked to speak during field sobriety test c. Fifth Amendment rights can be invoked if the person is asked about how much alcohol he or she has consumed d. Always - Fifth Amendment gives a person the right to refuse to do a field sobriety test under any circumstances

Fifth Amendment rights can be invoked if the person is asked about how much alcohol he or she has consumed

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: a. Harmless Error Rule b. Contemporaneous Objection Rule c. Hearsay Rule d. Fruit of the Poison Tree Rule

Harmless Error Rule

Due Process mandates that all of the participants in a lineup: a. Have similar physical characteristics b. Be under arrest c. Have attorneys present d. All of these are required to satisfy Due Process

Have similar physical characteristics

A suspect has the right to have an attorney present during a showup: a. Under all circumstances b. Only for showups held after arrest c. Only for showups held after the first court appearance d. Never

Only for showups held after the first court appearance

A co-conspirator's statement can be used at the trial of the other conspirator: a. only if the co-conspirator refuses to testify b. only if both conspirators are on trial at the same time c. only if the statement was made to the police d. only if the statement was made during the course of the conspiracy

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: a. Police may not question the person again without an attorney present b. Police must stop questioning, but may return several hours later and ask the suspect to waive his/her rights c. Police must stop questioning immediately, but may resume questioning later as long as no coercion is sued d. Police may not question the suspect further about the crime that was being discussed when he/she invoked Miranda but may ask questions about other crimes

Police may not question the person again without an attorney present

How is the privilege against self-incrimination invoked prior to arrest? a. Refuse to answer questions and tell the officers that you are claiming your Fifth Amendment rights b. Refuse to go to the police station and do not provide information for the police c. Insist the police meet with your attorney instead of you d. You cannot invoke the privilege against self-incrimination before you are arrested

Refuse to answer questions and tell the officers that you are claiming your Fifth Amendment rights

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 T or F

True

A document can be authenticated by the testimony of a person who saw the document being made T or F

True

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

True

A statement made by the defendant falls under the Admissions Exception to the Hearsay Rule in a criminal trial T or F

True

A statement qualifies as a spontaneous statement only if it was made while under the stress and excitement of the event T or F

True

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

True

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

True

An attorney must lay the proper foundation prior to introducing any type of real evidence T or F

True

Any scientific test can be challenged based on faculty test equipment T or F

True

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

True

Coaching witnesses at lineups violates the suspect's Due Process rights T or F

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 T or F

True

Miranda warnings are required prior to both direct and indirect questioning of a suspect who is in custody T or F

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 T or F

True

Prior inconsistent statements are admissible to impeach the person who made them T or F

True

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

True

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

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 T or F

True

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

True

Statements the defendant made during the time the crime was being committed can be admitted as contemporaneous declarations T or F

True

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

True

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

True

The declarant is the person who originally made the statement T or F

True

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

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) T or F

True

A person who has been acquitted of a crime: a. cannot claim the Fifth Amendment privilege against self-incrimination because double jeopardy prevents him/her from being charged for that crime again b. cannot claim the Fifth Amendment privilege against self-incrimination because the statute of limitations has been tolled on the crime c. cannot claim the Fifth Amendment privilege against self-incrimination because he/she now has immunity from prosecution for that crime d. all of these are correct

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

Statements made during the initial conference with an attorney are: a. not covered by the attorney-client privilege b. covered by the attorney-client privilege only if the client retains the attorney represent him/her c. covered by the attorney-client privilege only if the conference was with the Public Defender d. covered by the attorney-client privilege

covered by the attorney-client privilege

An adoptive (tacit) admission is: a. A gesture or non-verbal communication b. failure to deny allegation c. actively endorsing another person's statement as one's own opinion d. written statement admitting guilt

failure to deny allegation

Historically, which of the following were exceptions to the clergy-penitent privilege? a. acts that violated the doctrines of the denomination involved b. physical injury to members of the immediate family c. incest and child abuse d. historically there were no exceptions to this 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: a. hold a voir dire hearing b. hold a probable cause hearing c. admit the test results if the expert has a good reputation for honesty d. tell the jurors to infer the test is valid unless they have a reasonable doubt about its accuracy

hold a voir dire hearing

If a defendant invokes the privilege against self-incrimination and refuses to testify at trial, the prosecutor should: a. argue to the jury during closing arguments that they can infer guilt from the defendant's refusal to tell his/her side of the case b. ask the judge to cite the defendant for contempt of court c. report the defense attorney to the bar association d. make no comment on the defendant's invocation of his/her rights

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: a. must be spontaneous b. must relate to current mental state c. must relate to cause of impending death d. all of these must be present for the Dying Declaration Exception to the Hearsay Rule

must relate to cause of impending death

A lay person can take the witness stand and identify the handwriting on a document: a. only if the witness saw the person write the entire document b. only if the witness has been familiar with the person's handwriting for at least 10 years c. only if the witness is familiar with the handwriting of the person in question d. only forensic handwriting examiners are allowed to identify handwriting

only if the witness is familiar with the handwriting of the person in question

A forensic examination of a computer can: a. recover latent prints from the keyboard b. determine the identity of the person who used the computer c. recover files that have been erased d. all of these can be done during a forensic examination of a computer

recover files that have been erased

The First Amendment freedom of the press has been interpreted by the U.S. Supreme Court as establishing a privilege for reporters: a. identity of all sources are privileged b. only sources requesting confidentiality are privileged c. only sources who need immunity from criminal prosecution are privileged d. there is no constitutional privilege for the media

there is no constitutional privilege for the media

The fact that ink manufacturers include unique, nontoxic chemical markers in their ink each year makes it possible to determine a. when a document was signed b. when the pen used to sign the document was made c. when the ink on the document was produced d. all of these

when the ink on the document was produced

"Statement" as used in the Hearsay Rule means: a. Oral Statements b. Written assertions c. nonverbal conduct d. All of these are considered "statements"

All of these are considered "statements"

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: a. As long as Miranda warnings are given correctly prior to obtaining the second interrogation b. Only if the suspect was released from custody for at least 24 hours before the second session c. 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 d. Never

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

A suspect who is not present when the pictures are shown to the witness has the right have an attorney present during a photographic lineup: a. Under all circumstances b. Only for photographic lineups conducted after arrest c. Only for photographic lineups conducted after arraignment d. Never

Never

A showup is most likely to be conducted in the field because: a. A showup can be conducted even if there is no reasonable suspicion to detain the participants b. Officers must have probable cause to transport a suspect to the station for a lineup c. Once a suspect is taken to the station the suspect has a right to have an attorney present during identification procedures d. The police department must pay transportation costs for individuals to come to the station to view a showup

Officers must have probable cause to transport a suspect to the station for a lineup

A suspect has the right have an attorney present during a lineup: a. Under all circumstances b. Only for lineups held after arrest c. Only for lineups held after arraignment d. Never

Only for lineups held after arraignment

In which of the following situations can a person successfully invoke the Fifth Amendment as a reason not to cooperate: a. Blood Alcohol test b. Participating in a lineup c. Providing a handwriting exemplar d. None of these can be refused based on the Fifth Amendment

None of these can be refused based on the Fifth Amendment

The Miranda warnings are required during booking: a. Never b. Not required when booking officer asks for name of person to contact in case of an emergency c. Required if booking officer is asking information regarding the crime for which the suspect is being booked d. Required prior to asking any questions during booking

Not required when booking officer asks for name of person to contact in case of an emergency

A hearsay declarant is considered unavailable as a witness at trial if: a. the declarant cannot testify because the statements are privileged b. the declarant no longer recalls the statement c. the declarant cannot attend court due to severe mental illness d. All of these qualify as unavailable witnesses

all of these qualify as unavailable witnesses

The Declaration Against Interest Exception to the Hearsay Rule requires that the statement be: a. against a pecuniary interest b. self-incriminating c. invalidates a civil claim d. all of these qualify for the Declaration Against Interest Exception to the Hearsay Rule

all of these qualify for the Declaration Against Interest Exception to the Hearsay Rule

The Fifth Amendment privilege against self-incrimination applies to: a. any evidence that can be used in court during the prosecution of a crime b. all forms of testimonial evidence c. only to oral statements made in response to questioning by law enforcement officers d. only to statements made while testifying in court

all forms of testimonial evidence

In legal documents, the term "writing" refers to: a. documents that are handwritten b. material that is produced on a printer c. electronic recordings d. all of these

all of these