END OF SECTION EXAM 2
A criminal defendant's right to compel the appearance of witnesses at trial is found in the _____ Amendment.
6th
A criminal defendant's right to confront and cross-examine witnesses is found in the _____ Amendment.
6th
The admission of hearsay testimony may sometimes violate the _____ Amendment.
6th
Voir dire is a French term meaning to incriminate oneself. (T/F?)
FALSE
A conspiracy is an agreement between two or more people to commit an illegal act. (T/F?)
TRUE
The use of hearsay is problematic because it involves a violation of the defendant's right to _____.
confront and cross-examine adverse witnesses
The rule against hearsay and the _____ Clause of the Sixth Amendment deal with similar testimonial issues.
confrontation
In discussions of hearsay, the _____ is the person who makes the statement.
declarant
Among the arguments in favor of the exclusionary rule is that it _____.
deters police misconduct and is the only practical means to enforce rights
The exclusionary rule applies to evidence obtained _____ police misconduct.
directly or indirectly from
The primary justification for the exclusionary rule is _____.
discouraging or deterring police misconduct
Which matter describes a firmly rooted hearsay exception in the law of evidence?
excited utterance
The doctrine making the exclusionary rule applicable to evidence obtained indirectly from unconstitutional police conduct is termed the _____ doctrine.
fruit of the poisonous tree
In California v. Greenwood, the U.S. Supreme Court upheld police search and seizure of a garbage left on the curb by the defendant for pickup because the defendant _____.
had no reasonable expectation of privacy in the trash
If a person abandons property, they _____.
have no Fourth Amendment rights with regard to that property
To be deemed a competent witness, the witness must have the capacity to _____.
observe, remember, narrate, and understand the obligation to be truthful
If a search is conducted solely by a _____, the exclusionary rule does not apply.
private individual
To have standing to contest a police search, the person must have had a(n) _____ in the place or things searched.
reasonable expectation of privacy
When a significant period of time goes by between the improper conduct and the new evidence, the U.S. Supreme Court has long held that the "_____" from the improper conduct can be dissipated.
taint
A subpoena duces _____ commands a witness to appear and bring certain things with them.
tecum
Which person would be most likely to have actual or apparent authority?
the driver of a car
Evidence obtained in violation of Miranda is generally treated differently than evidence obtained from other violations in that _____.
the fruit of the poisonous tree doctrine does not apply to physical evidence obtained from Miranda violations.
To fall within the hearsay rule, the testimony must be offered to prove the _____.
truth of the matter asserted in the statement
For most exceptions to the hearsay rule under Rule 803 of the Federal Rules of Evidence and in most states, _____.
unavailability of the declarant is not required
A written document cannot be considered hearsay evidence. (T/F?)
FALSE
Defendants who testify at their criminal trial may not be cross-examined by the prosecution. (T/F?)
FALSE
Most states, but not the Federal Rules of Evidence, recognize a hearsay exception for excited utterances. (T/F?)
FALSE
There are no exceptions to the fruit of the poisonous tree doctrine. (T/F?)
FALSE
An open field is an unoccupied or undeveloped area outside of the curtilage. (T/F?)
TRUE
Children and other witnesses whose competence is questioned will usually be subjected to a voir dire examination. (T/F?)
TRUE
Dying declarations may be excited utterances and thus potentially admissible under two exceptions to the hearsay rule. (T/F?)
TRUE
Evidence gathered from initial improper conduct is called "fruit of the poisonous tree." (T/F?)
TRUE
In general, hearsay evidence is not admissible. (T/F?)
TRUE
One of the purposes of the right to a jury trial is to protect people against overzealous prosecutors and biased judges. (T/F?)
TRUE
Rule 804 of the Federal Rules of Evidence requires a showing that the declarant is unavailable to trigger at least some hearsay exceptions. (T/F?)
TRUE
Statements offered to show knowledge, feelings, state of mind, or effect on the listener are not hearsay. (T/F?)
TRUE
The Federal Rules of Evidence contain at more than 20 exceptions to the rule against hearsay. (T/F?)
TRUE
The dying declarations exception to the hearsay rule has been justified on the basis of public necessity statements against penal interest.
TRUE
The general rule is that ordinary (non-expert) witnesses may not give their conclusions or opinions. (T/F?)
TRUE
The plain view doctrine requires that the officer legally be in the place from which the evidence is viewed. (T/F?)
TRUE
The principal argument against the exclusionary rule is that society pays a high price to secure its benefits. (T/F?)
TRUE
To be admissible, testimony must be relevant, competent, and material. (T/F?)
TRUE
If the declarant makes a statement that could subject them to criminal charges, the statement would probably be admissible under the exception for statements _____.
against penal interest
Which is an exception to the fruit of the poisonous tree doctrine? A. inevitable discovery B. attenuation of the taint C. independent source D. all answers are correct
all answers are correct
Under Federal rules, testimony about statements made by a person to show that the person was mentally ill _____.
are hearsay but admissible because of their indicia of reliability
The exclusionary rule forbids the use of evidence tainted or soiled by improper or illegal police conduct in criminal cases. Such evidence, however, can be used in _____ cases.
civil
The area directly around the home such as the yard is called the _____.
curtilage
There is a hearsay exception for _____ utterances.
excited
If the police can show they would have eventually found the evidence anyway by legal means, it may trigger the _____ exception to the exclusionary rule.
inevitable discovery
The problem with hearsay testimony is that the person who actually saw the events _____.
is not on the witness stand
Children may testify only if _____.
the judge allows them to testify after the child is questioned (voir dire)
Under the "forfeiture by wrongdoing" rule, a defendant who deliberately makes a witness unavailable waives _____.
the right to object to hearsay with regard to that witness
Whether consent to search is actually voluntary is determined by _____.
the totality of the circumstances
Statements offered to prove _____ would be considered to be hearsay.
the truth of the matter asserted in the statement
