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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.

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