ADJU4 Legal Aspects Of Evidence Quiz Midterm

Through operation of the _____ Amendment, most of the Bill of Rights' provisions are also applicable against the states.

14th

​The federal government requires a trial within _____ days for a felony unless the requirement for a speedy trial is waived.

70

If the purpose of a nonverbal act is to communicate, and the communication is _____, then it falls within the hearsay rule.

Assertive

The First ten Amendments to the U.S. Constitution are called the _____.​

Bill of rights

Case 1.1 Bob is pulled over for a motor vehicle violation. During the course of the motor vehicle stop the officer determines that Bob had been drinking. He is arrested for DWI. Secondary to the arrest, the officer searches Bob and finds a significant amount heroin on Bob's person. Bob is additionally charged with possession and distribution of heroin. ​What is the requisite level of proof to convict Bob on the charges of possession and distribution of heroin?

​proof beyond a reasonable doubt

The concept of federalism means that government power is shared between _____.

​state and federal governments

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

​testimonial or communicative

For most exceptions to the hearsay rule under the Federal Rules of Evidence and in most states, _____.

​unavailability of the declarant is not required

Direct evidence is evidence that proves a fact _____

​without the need of inferences or presumptions

​The Confrontation Clause is found in the _____Amendment.

Sixth

​A subpoena duces tecum is a subpoena that orders the person to _____,

​bring certain items or records with them to court

Under the _____ rule, the prosecution must disclose exculpatory evidence to the defense.

Brady

Under the _____ rule, the prosecution must disclose to the accused any evidence which is favorable to the accused.

Brady

In the Federal Rules of Evidence, one form of statement that is specifically excluded from the definition of hearsay is termed the _____________ rule.​

Co-conspirator

In 2004, the U.S. Supreme Court decision in _____ v. Washington made major changes in the law of hearsay and the confrontation clause.

Crawford

The _____ Amendment of the U.S. Constitution states that "Excessive bail shall not be required.

Eighth

Which matter describes a firmly rooted hearsay exception in the law of evidence?

Excited utterance

A state prisoner ordinarily uses a writ of _____us in attempting to get his or her case into the federal courts.

Habeus Corpus

The _____ plea typically requires evidence of disease or defect.

Insanity

About 20% of the cases that go to trial are tried before a(n) _____.

Judge

At a jury trial, the _____ determines the facts of the case.

Jury

The legal and ethical obligation of the prosecutor is to seek _____.

Justice

​Circumstantial evidence frequently takes the form of showing that the defendant had means, opportunity, and _____.

Motive

Plea bargaining may involve substituting a guilty plea to one offense for a trial on _____ offenses

Multiple

Judicial _____________ is an exception to the traditional methods of presenting evidence.​

Notice

The _____ against self-incrimination is seen as crucial to our adversarial and accusatorial system of justice.

Privilege

A criminal defendant's right to compel the appearance of witnesses at trial is found in the _____ Amendment.​

Sixth

A criminal defendant's right to confront and cross-examine witnesses is found in the _____ Amendment.

Sixth

An indictment is a formal criminal charge issued by the _____.

The grand jury

Children and other witnesses whose competence is questioned will usually be subjected to a(n) _____ examination.

Voir Dire

The abuses of using hearsay at criminal trials were highlighted in the 1603 trial of Sir _____.

Walter Raleigh

Congress has passed laws making it a crime to receive or possess _____ pornography from the Internet.

child

The Fifth Amendment privilege applies to prosecution or the possibility of prosecution of any ______________ case.​

criminal

​The principal means courts use to guard against the risks of Hearsay are the requirements that the witness testify under oath, which helps ensure reliability, and that the witness be available for _____.

cross examination

There is a hearsay exception for dying _____.

declarations

Case 4.2 An undercover security officer at chain supermarket located in New Jersey watches a suspicious male circling the liquor aisles with an empty shopping cart. The man waits for other patrons to leave the area and places four bottles of vodka inside his jacket. He then moves toward the exit. As he does so, he observes security at the door. He then picks up a bag of potatoes and proceeds to the cashier lanes. He pays for the potatoes and attempts to leave the store where he is stopped by security. Security confronts the man about the shoplifting and he begins to cause a scene. Police arrive on scene and the security officer advises them that the suspect had been observed concealing four bottles of vodka inside his jacket and was leaving the store without paying for them. The suspect responds by saying that he simply forgot about the vodka in his jacket. He produces the four bottles from his jacket. The security officer advises police that the entire event was captured on their surveillance systems. The officers ask the suspect for identification and he presents an out of state driver's license which appears to the officers to be altered. The police arrest the suspect and take possession of identification and the four bottles of vodka. The suspect, who has identified himself as Mark Smith, shouts that the arrest is unlawful. The security officer goes to the police station to provide a statement and a copy of the surveillance video. Once at headquarters, the police are able to confirm that the identification was fraudulent and the suspect's true identity was David Gray and that Mr. Gray had numerous outstanding warrants for similar charges throughout the state. While inventorying Mr. Gray's personal property, it was determined that he had only twenty dollars in cash and no credit cards, thereby having no means to have paid for the vodka, valued at eighty dollars a bottle. Additionally the suspect's jacket had several concealed interior pockets sewn into the lining. In this case what type of evidence would the security officer's testimony be considered?​

direct

The _____ clause of the Constitution requires that guilt be proven beyond a reasonable doubt.

due process

The writ of _____ is a means of challenging the government's authority to detain or imprison people.

habeas corpus

Means, opportunity, and _____ are frequently used as circumstantial evidence of guilt.

motive

The first line of defense an opposing party seeks to use is _______________

objection

Hearsay can be written statements, communicative conduct, or _____.​

oral statements

A person admitting the commission of a crime is making a statement against _____.

penal interest

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

planned crimes

​Statements that would otherwise be testimonial and require that the defendant have the right to _____ under the rule of Crawford v. Washington can be admitted if they are not intended to prove the truth of their contents.

rebuttal

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

regularly kept

Courts have long held that judicial notice may be taken of _____theories that have been so established that they have "attained the status of ... law",​

scientific

In Commonwealth v. Delbridge, _____ was defined as the implanting false memories or the distortion of real memories caused by interviewing techniques.

taint

Case 8.1 Police respond to the scene of fight inside a local bar. The scene is chaotic with ambulance personnel attending to an unconscious male. In the course of rendering aid to the victim, the victim and the victim's clothing were removed from the scene. The victim's clothing and personal effects are collected by an emergency room nurse at the hospital. ​ Police interview witnesses who report that the victim, Jeff Anderson, got into an argument with another bar patron/accused for having several rounds of drinks put on the patrons tab. Witnesses also report that the patron/accused struck Mr. Anderson with a close fist and two then exchanged several punches with Mr. Anderson giving the patron/accused a bloody nose. The patron/accused then struck Mr. Anderson with a chair knocking him unconscious and fled the bar. ​ Police interview the bar owner who reports that accused became enraged after getting the $500.00 credit card receipt for his drink tab. The bar owner stated the "guy flipped out, nearly jumping over the bar when he saw the amount of his tab". The bar owner reported that he pointed Mr. Anderson and said "go talk to your friend - he ordered three rounds for the bar on your tab." Police ask for and receive copies of the credit card receipts for the accused, Dick Grayson. The investigating officer responds to the hospital and takes a statement from the victim who reports not knowing why he was attacked. While at the hospital the investigating officer asks if anyone had sought treatment for facial injuries from a fight. It is determined that Mr. Grayson had been seen and had reported to the registration nurse that his injuries were from "some guy sucker punching" him in a bar and had also stated "you should see the other guy." Mr. Grayson is taken into custody and is being escorted out of the emergency room when he stops in front of room where the victim lying in a hospital bed being attended to by medical personnel he blurts out "I'm in so much trouble" and asks the officers "is he going to make it." Mr. Grayson charged with aggravated assault. Would the emergency room nurse's testimony regarding Mr. Grayson's statement to her about he got injured in a bar fight fall under any hearsay exceptions?​

​No, because of the physician-patient privilege

​Because it is not required by the U.S. Constitution, only about half the states give defendants a right to _____.

​grand jury review

The states and federal government _____.

​have established 51 different criminal codes

Circumstantial evidence is evidence that proves a fact in issue _____.​

​indirectly or by inference