25 Jan (TCO7) Explain dying declarations

JADM340 Criminal Evidence

Week 3 Quiz

Question 1

(TCO1) Law that defines the process of adjudication is known as:

Common law

Procedural law

Substantive law

Relevant law

The Constitutional Imperative Doctrine

Question 2

(TCO1) Crimes that are not naturally immoral, but whose wrongness lies in their legal prohibition are regarded as:

Mala in se

Mala et al

Mala prohibita

Mala in fregit

Mala aforethought

Question 3

(TCO1) Which Amendment of the U.S. Constitution protects religious freedom and freedom of speech?

First

Second

Fourth

Fifth

Sixth

(TCO1) Which Amendment of the U.S. Constitution precludes searches and seizures without probable cause?

First

Second

Fourth

Fifth

Sixth

Question 5

(TCO1) Which Amendment of the U.S. Constitution protects individuals from cruel and unusual punishment?

Fifth

Sixth

Eighth

Fourteenth

None of the above

Question 6

(TCO2) The Judiciary Act of 1789 was an attempt to establish a strong:

State court system

Federal court system

Territorial court system

National court system

Parliamentary court system

Question 7

(TCO2) Which of the following contain all manner of of evidence within the case-in-chief?

Direct

Real

Scientific

All of the above

A & B only

Question 8

(TCO2) Which of the following are defenses raised in a criminal trial?

Insanity

Necessity

Duress

All of the above

None of the above

Question 9

(TCO3) Evidence is available in many forms and may be represented by which of the following?

Material objects

Scientific analysis

Eyewitness accounts

All of the above

None of the above

Question 10

(TCO3) Evidence which “stands on its face” is called:

Real Evidence

Prima Facie Evidence

Material Evidence

Circumstantial Evidence

Evidence Per Se

Question 11

(TCO3) There are some situations that arise in the criminal courts in which the jury is instructed on what to believe and are not free to draw independent inferences. these situations are such that jurors must adopt the statement or the evidence as fact. These situations include:

Presumptions

Stipulations

Judicial notice

All of the above

None of the above

Question 12

(TCO3) Adjudicative facts include which of the following?

Idioms

Legislative history

Information about the impact of extant laws

Statutory interpretation

None of the above

Question 13

(TCO4) That standard of evidence necessary to effect the arrest of an individual or that induces the belief in the mind of a reasonable officer that the accused committed a crime:

Reasonable suspicion

Probable cause

Beyond a reasonable doubt

Beyond a scintilla of doubt

Clear and convincing evidence

Question 14

(TCO4) This Amendment of the U.S. Constitution provides that “…no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”:

First

Fourth

Fifth

Sixth

Eighth

Question 15

(TCO4) This type of warrant is extremely unique in that it is issued prior to the arrival of the evidence in a particular location:

Sneak and Peak warrant

No Knock warrant

Antedated warrant

Nighttime warrant

Anticipatory warrant

Question 16

Not yet graded /

(TCO1)Explain the doctrine of Stare Decisis.

Question 17

(TCO2)Discuss what is meant by an affirmative defense. How does an affirmative defense differ from a plea of nolo contendere?

Question 18

(TCO3)Explain what types of inferences may not be drawn from circumstantial evidence.

Question 19

(TCO4)Compare and contrast Sneak-and-peak Warrants from No-Knock Warrants. Give an example of each.

Week 6 Quiz

Question 1

(TCO4) The exclusionary Rule is one of the most controversial legal issues in criminal justice. Unlike other such rules, it is not grounded in the U.S. Constitution, but is simply a judicial remedy for violations involving which Amendment of the Constitution?

First Amendment

Fourth Amendment

Fifth Amendment

Sixth Amendment

Eighth Amendment

Question 2

(TCO4) A variety of exceptions to the exclusionary rule have been carved out since its inception. The first of these exceptions was considered in Wong Sun v. U.S. and was a direct result of which of the following doctrines?

Fruit of the Poisonous Tree Doctrine

Silver Platter Doctrine

Derivative Evidence Doctrine

Strict Scrutiny Doctrine

None of the above

Question 3

(TCO4) The distinction between curtilage and open fields is not necessarily an easy one. The courts have delineated which of the following factors which may be considered:

The proximity of the area in question to the house

The nature and use of the property in question

The affirmative actions undertaken by the owner toensure privacy

All of the above

None of the above

Question 4

(TCO4) Which kind of search may be conducted if the circumstances are such that the interests of society outweigh the invasiveness of the action?

Anticipatory searches

Sneak and Peak

Warrantless search

All of the above

A & C only

Question 5

(TCO4) Evidence may be admissible under this doctrine if the law enforcement officer was in a lawful position, the discovery was inadvertent, and the evidentiary value of the item seized is immediately apparent:

The Terry Doctrine

Plain View Doctrine

The Hick’s Doctrine

The Sneak and Peak Doctrine

The Proximity Doctrine

Question 6

(TCO4) Which of the following types of search does not require probable cause, reasonable suspicion, or an articulable justification?

Consent

Sneak and Peak

No Knock

All of the above

None of the above

Question 7

(TCO5) Mistrials may be declared for which of the following reasons?

Deadlocked juries

Prosecutorial misconduct

Procedural violations

All of the above

A & C only

Question 8

(TCO5) The so-called “bright-line rule”:

Allows the interrogation of suspects to wear them down into confessing

Allows for the continued questioning of a suspect until the arrival of his or her counsel

Forbids future questioning so that the authorities are not able to wear down the suspect and persuade her to incriminate herself notwithstanding her earlier request for the assistance of counsel

All of the above

None of the above

Question 9

(TCO5) Which of the following is not typically included in the rights of the accused?

Right to remain silent

Anything said may be used against him

Right to an attorney during questioning

He must pay for his attorney

None of the above are included in the rights of the accused

Question 10

(TCO6) Which of the following are the primary qualifications for witnesses in our court system?

At least twenty-one years of age

High School education or its equivalent

Registered voter

Personal knowledge

None of the above

Question 11

(TCO6) The American criminal justice system has a variety of provisions, which encourage the veracity of witnesses in a criminal trial. Which of the following

is not one of those provisions?

Mandatory compulsion of personal appearance at trial

Mandatory oaths and affirmations

Direct testimony

Legal ramifications for dishonesty

None of the above

Question 12

(TCO6) Methods used to attack the competency of the witness through assertions of dishonest or untruthful behavior include:

Uncharged crimes

Bad deeds

Past criminal convictions

All of the above

B & C only

Question 13

(TCO6) There are how many types of witnesses in a

criminal trial?

One

Two

Three

Four

Five

Question 14

(TCO6) When a witness is questioned by the side who

called her:

Cross Examination

Rebuttal Examination

Direct Examination

Rejoinder

Recross Examination

Question 15

(TCO6) The demonstration of the veracity of a

particular witness is often attempted immediately

after:

Direct Examination

Redirect Examination

Cross Examination

Recross Examination

None of the above

Question 16

(TCO4) Explain those instances when the fruit of the poisonous tree doctrine does not apply.

Question 17

(TCO4) Explain how reasonable suspicion relates to an investigative detention.

Question 18

(TCO5) Explain the public safety and rescue doctrine exceptions to the Miranda Warnings.

Question 19

(TCO6) Discuss the specific methods of witness impeachment.

FINAL EXAM

Question 1

(TCO1) What are some ways in which evidence may be defined? How do relevance and materiality relate to a definition of evidence?

Question 2

(TCO2) Discuss the role of defense attorneys within the American system of criminal justice.

Question 3

(TCO3) Circumstantial evidence may be used to infer guilt in many different situations, but it may not be used in those situations in which an individual invokes a right that is guaranteed by the Constitution, extended by the state, or upheld by the courts. Describe those situations where inferences may not be drawn.

Question 4

(TCO4) Discuss how probable cause determines the issuance of a warrant.

Question 5

(TCO4) According to the U.S. Supreme Court, how is compulsory self-identification not a violation of the Fourth and Fifth Amendments?

Question 6

(TCO5) Explain how the confessions of co-conspirators or co-defendants relate to the confrontation clause of the Sixth Amendment.

Question 7

(TCO6) List and briefly describe the three qualifications of witnesses.

Question 8

(TCO7) Explain dying declarations as an exception to hearsay.

Question 9

(TCO8) Explain the parameters and limitations of the physician-patient privilege.

Question 10

(TCO9) Explain how scientific evidence is authenticated.