Evidence: Search and Seizure Ch 1-3&8

Which of the following is not an example of testimonial evidence?

A videotape

The Fourth Amendment forbids unreasonable searches and seizures and requires the existence of ___________ before warrants may be issued or a search or seizure may take place.

Probable cause

The essence of the Fourteenth Amendment was to bar ________ from infringing on individual rights.

State governments

Which of the following would be the best example of demonstrative evidence?

A flow chart

Which item below would be an example of real evidence?

A knife

Which of the following would not be circumstantial evidence that a person had the ability to commit a crime?

A murderer hated the victim

Which of the following is not true regarding mental incapacity and competency to be a witness?

A person judged insane cannot testify under any circumstances

Which of the following would not be circumstantial evidence that a person was acting guilty?

A person who had a dispute with a neighbor turned up dead

Which of the following would not be circumstantial evidence that a person had the motive to commit a crime?

A person who had stolen money from an employer later left the country

What are the three constitutional limitations on presumptions?

A presumption must be based on a logical assumption rather than mere policy. When used by the prosecution, the basic fact must be established beyond a reasonable doubt. A presumption cannot shift the burden of proof to the defense.

What is judicial notice? What are the three types of judicial notice?

A procedure that courts use to determine the truth or falsity of a matter without having to follow the normal rules of evidence. Tacit judicial notice: occurs when judge doesnt expressly state "on the record" that judicial notice is being taken of a fact Judicial notice of law: occurs when courts accept what is written in statutes, constitutional provisions, and court cases Judicial notice of legislative facts: the facts that courts rely upon when interpreting statutes, constitutional provisions, and the like

Which of the following occurs when the prosecution and defense agree upon a certain fact?

A stipulation

Statutes are often written:

Broadly

Impeachment is a way of:

Challenging a witness's credibility

What is the term that refers to whether the testimony of a witness should be believed?

Credibility

A person with prior convictions cannot testify. T/F

False

A witness who has been impeached must leave the witness stand immediately. T/F

False

Conclusive presumptions are much more common than rebuttable presumptions. T/F

False

Evidence law only applies to criminal cases. T/F

False

Evidence seized illegally by state police could be turned over to federal law enforcement officers for use in federal prosecutions because federal law enforcement officers were not directly involved in the illegal seizure. This was known as:

Silver platter doctrine

Which constitutional amendment guarantees the right to a speedy and public trial?

Sixth Amendment

Which constitutional amendment guarantees the right to face one's accuser?

Sixth Amendment

Explain Marbury v. Madison and the impact the case had on the judicial system.

The case established the authority of SCOTUS to engage in judicial review of the acts of other branches of government. This case held SCOTUS as the highest power of the court system.

Which party must introduce evidence of character before it is considered relevant?

The defense

Statutes that prohibit witnesses from testifying about transactions with a person involved in a case if the person died prior to trial are:

Dead man's statutes

Evidence that proves a fact without the need for a juror to infer or presume anything from it is:

Direct evidence

What are the two ways that issues regarding the character of the defendant or victim can be brought into trial?

Defendant's character can be questioned only if raised by the defense first. Victim's character can be questioned by either side and is related to victim's violence or truthfulness.

An example of an excuse defense is:

Insanity

Which of the following tests for insanity established the right versus wrong standard?

M'Naghten Rule

Witnesses who have the ability to observe and remember:

May testify

The key to testimonial evidence is that it must be given under oath. T/F

True

What is the difference between direct and circumstantial evidence?

Direct: evidence that proves a fact without the need for the juror to infer or presume anything Circumstantial: evidence that indirectly proves a fact and requires the jury to draw their own conclusions concerning whether the evidence in question should be taken as proof of the defendant's guilt

Explain the exclusionary rule. What is it and why do we have it?

Exclusionary rule: any evidence obtained illegally (against the 4th amendment) is not admissible in a criminal trial to prove guilt. This is meant to deter police misconduct.

Which constitutional amendment prohibits double jeopardy?

Fifth Amendment

Legislatively mandated presumptions are limited by the due process clauses of the:

Fifth and Fourteenth Amendments

Which constitutional amendment has been used to incorporate the Bill of Rights to the individual states?

Fourteenth Amendment

What type of jurisdiction must a court have to hear many different types of cases?

General

Evidence law is the set of rules the governs what the jury can _____ during a trial.

Hear and see

Explain the importance of common law to the modern system of law.

Helped develop the evidence code, Federal Rules of Evidence, that is used in all federal courts and 40+ states.

Define "impeachment." Explain how impeachment is done, and give 6 ways a witness can be impeached.

Impeachment: formal term for attacking a witness's credibility Prosecution or defense can decide to attack the credibility of a witness through: Bias or prejudice Prior convictions Uncharged crimes and immoral acts Prior inconsistent statements Inability to observe Reputation

Age has been treated as a defense to criminal liability on the ground that persons below a certain age lack the requisite mental capacity to form mens rea or criminal intent. This is known as the:

Infancy defense

The term "mens rea" refers to the:

Intent of the offender

Conclusive presumptions are sometimes called:

Irrebuttable presumptions

Insanity:

Is a legal term that describes mental illness

Why is the Fourteenth Amendment one of the most important to the rights of citizens?

It expanded the Bill of Rights to apply to states instead of only the federal government.

Legalese for "pre-existing or common knowledge" is:

Judicial notice

The power of the court to examine a law and determine whether the law is constitutional is called:

Judicial review

Any evidence obtained by law enforcement officers in violation of the Fourth Amendment guarantee against unreasonable searches and seizures is not admissible in a criminal trial to prove guilt; this rule was applied by SCOTUS to the states in 1961 in:

Mapp v. Ohio

List the 6 grounds for challenging witness competency.

Mental capacity Children Spouses Previous convictions Religious beliefs Judges and jury members

How does a case get to the Supreme Court? What is the basis for acceptance of an appeal?

A writ of certiorari is submitted to SCOTUS and 4+ judges have to vote to accept the case.

Which term means the "method of operation"?

Modus operandi

What are the three types of circumstantial evidence relied upon in order to show intent or motive?

Modus operandi: method of operation; signature Motive: why someone committed a crime Threats: threatening the victim over time

What is an affirmative defense?

An action by the defendant that introduces an alibi, self-defense, necessity, consent, or insanity with evidence to support such a defense.

The Supreme Court has determined that the right to counsel means that indigent persons who cannot afford to hire a lawyer must be provided a lawyer at the state's expense. This is know as:

Appointed counsel

In criminal trials, the burden of proof is by:

Beyond a reasonable doubt

The court and the jury in a criminal case know nothing about the dispute between the two parties involved. The court and the jury can come to know about the dispute only though evidence properly introduced, this defines:

Blank pad rule

The fixed age at which a child can testify is:

No fixed age

What is precedent? What is stare decisis? How are they important in the development of law?

Precedent: principle that all courts in a state are bound to follow the decisions of the highest court in the state Stare decisis: "let the decision stand"; prior decisions on similar legal issues to current case, court is guided by that decision In cases that are similar, precedents/stare decisis can be used to decide the outcome of each case. Precedent can be change; however, courts are reluctant to reverse previous decisions.

In civil matters, the burden of proof is typically by:

Preponderance of the evidence

In most states, when the defense raises an affirmative defense, the burden of proof is:

Preponderance of the evidence

_________ is/are typically mandatory (the jury is required to draw some conclusion).

Presumptions

Witnesses' credibility has been challenged for:

Prior convictions, inability to observe, prejudice

An affirmation is a:

Promise to tell the truth

What phrase specifically means "let the decision stand"?

Stare decisis

The highest court in the state is usually known as the:

State supreme court

In which of the following sources of law is the principle of "eye for an eye" found?

The Code of Hammurabi

Define "rehabilitation of a witness." Give 2 examples of how a witness can be rehabilitated.

The act of introducing evidence or calling additional witnesses to restore the credibility of a witness who has been impeached. Argue that witness was untruthful in the past but is now telling the truth. Introduce other evidence to bolster witness's credibility.

What is a justification defense? Give 3 examples and explain each one.

This defense is raised when the defendant admits that they are responsible for the act but claims that it was lawful under the circumstances. Self-defense: defending yourself, property, or others Consent: victim gave voluntary, knowing, intelligent consent. (Boxing) Execution of public duties: in course of executing duties (police)

What is an excuse defense? Give 5 examples and explain each one.

This defense is raised when the defendant admits that what they did was wrong but they are not responsible under the circumstances. Duress: threatened with physical or mental harm Intoxication: involuntary; drugged Mistake: unaware of obscure law; mistake of fact is allowable if it negates a material element of crime Infancy: those below a certain age lack mental capability to form mens rea (criminal intent) Insanity: mental illness or defect

A Sixth Amendment violation occurs when a conclusive presumption is required by law. T/F

True

The purpose of an oath is to communicate to a witness that they:

Will be testifying under penalty of perjury

The doctrine stating that people need not retreat and may defends themselves in their own home is the:

Castle doctrine

On what source is American law primarily based?

Common law

The two most common primary sources of law are:

Common law (also known as judge-made law) and legislation

Concerns a person's understanding of what it means to tell the truth:

Competency

The presence of particular characteristics and the absence of particular disabilities that render the witness legally qualified to testify in court defines:

Competency

Define "competency of a witness." Definite "credibility of a witness." Give 2 examples of an incompetent witness.

Competency: presence of particular characteristics and a sense of particular disabilities that render witness legally qualified to testify in court. Credibility: believability of the witness Incompetent: child unable to remember what happened and someone judged insane that cannot understand the consequences of lying

What is the burden of proof in a criminal case? What is the burden of proof in a civil case? Which party has the burden of proof in each type of case?

Criminal: beyond a reasonable doubt; up to the prosecution Civil: preponderance of the evidence; up to the defendant

What is the difference between cumulative evidence and corroborative evidence?

Cumulative evidence: evidence that repeats what is already known Corroborative evidence: supports another witness's testimony; adds more facts and confirms other evidence

The 12th century term "moral certainty" has been equated with:

Reasonable doubt

When the party against whom the presumption operates may introduce evidence to disprove the presumption, it is a:

Rebuttable presumption

Which of the following is least likely to be taken into judicial notice without mentioning it at a trial?

Reckless driving is driving twenty mph over the speed limit

List and explain the 2 requirements for evidence to be admissible.

Relevant: must relate or pertain to matter at hand and have some bearing on the trial Competent: in a form that the jury is permitted to hear or see

How many amendments are in the Bill of Rights?

10

The Bill of Rights is the primary source of:

Individual rights

What type of jurisdiction allows a court to review the decisions of other courts?

Appellate

Self-defense applies to:

Both deadly force and non-deadly

The burden of persuasion is commonly referred to as:

Burden of proof

The party seeking to call a witness bears the burden of demonstrating:

Competency

Stipulation can be viewed as _______ made by either side.

Concessions

England developed what is known as:

Common law

Which constitutional amendment prohibits cruel and unusual punishment?

Eighth Amendment

Religious beliefs can declare a person incompetent. T/F

False

Supporters of a strong centralized government were called:

Federalists

________ is/are not mandatory.

Inferences

Credibility is:

The believability of the witness

Which of the following would allow a prior conviction to be introduced to impeach a witness?

The probative value outweighed the prejudicial value

Which of the following is not an essential requirement of a competent witness?

The witness must not have any interest in the proceedings

Which of the following is true of presumptions?

They are good for public policy They save time They are essential for effectiveness in government

Which of the following is not true of conclusive presumptions?

They can be disregarded by the jury if circumstances warrant.

"Judicial review" simply means the power of the court, specifically judges, to examine a law and to determine whether the law is constitutional. T/F

True

The prosecution can attack a witness's credibility for:

Bias

Common law was developed by:

Judges

Consent must be:

Voluntary, knowing, and intelligent

Supporting evidence is:

Corroborating evidence

Which constitutional amendment prohibits a person from having to testify in court against his or her will?

Fifth Amendment