Law 501

Question 1

4th Amendment

Answer 1

Individual protection from unreasonable search and seizure.

Question 2

Frye General Acceptance Test

Answer 2

Standard for the admission of scientific evidence.

Tends to keep evidence out.

Question 3

Daubert vs Merrell Dow supersedes Frye:

Daubert set forth:

Answer 3

Three Part Test
Reliability of scientific principles.
Qualifications of Expert witness.
Usefulness of testimony.

Fees for testimony not included.

Question 4

The only US Supreme Court case directly addressing admissibility of expert testimony regarding polygraph results.

Answer 4

US vs Schaffer

Return of the per se rule

Question 5

Confessions obtained before, during or after polygraph exams are generally admissible so long as Constitutional requirements are met

Answer 5

True

Question 6

5th Amendment

Answer 6

Nor shall any person be compelled in any criminal case to be a witness against himself.

Question 7

Need Miranda Warning if:

Answer 7

Custody
Interrogation
Police

Question 8

The right to have Miranda warnings is an extension of the 5th Amendment right against self incrimination.

Answer 8

Dickerson vs US

Question 9

Miranda does not apply to private actors.

Exception:

Answer 9

Police cannot avoid Miranda requirement by having a private citizen interrogate a suspect for them.

Question 10

14th Amendment protects:

Answer 10

Due Process

Equal Protection

Question 11

If suspect invokes rights and there is a break in custody, then officers can reinitiate after______days and_________.

Answer 11

14 days and fresh Miranda

Shatzer Rule

Question 12

Can you falsely tell a suspect that polygraph evidence is admissible in court?

Answer 12

Probably NOT.

Question 13

If 14th or 5th Amendment requirements are not met:

Answer 13

14 Amendment Involuntary confessions can never be used at criminal trial.

5th Amendment
Confessions obtained in violation of Miranda can only be used at criminal trial for impeachment.

Important to know type of ruling.

Question 14

In Civil Suits the burden of proof is _______.

Answer 14

Preponderance of evidence.

Question 15

5th Amendment provides right against self incrimination.

Dickerson held right to Miranda warnings is extension of 5th Amendment.

Miranda warnings needed for custodial, police interrogation.

Answer 15

True

Question 16

Confessions before, during and after polygraph are admissible so long as constitutional requirements are met.
14th Amendment requires confession be voluntary.
Lying to suspect re: polygraph admissibility can make confession involuntary.

Answer 16

True

Question 17

If 14th Amendment due process is violated, government can’t use confession.
If 5th Amendment Miranda rule is violated, such as failure to give Miranda, gov’t can only use confession to impeach defendant if he testifies.

Answer 17

True

Question 18

Ethics define.

Answer 18

The study and philosophy of human conduct with an emphasis upon the determination of right and wrong.

Question 19

The Law of the School vs

The Law of the Farm

Answer 19

Cram at end of semester

Farmer has to work daily

Question 20

The three steps of integrity.

Answer 20

Determine right from wrong through moral reflection.

Act on it, even at personal cost.

Act openly

Question 21

Frazier
vs
Cupp

Answer 21

Supreme Court ruled it is legal to use deceptive practices during interrogation.
Unless it overcomes free will.

Question 22

Unethical Acts 
Misusing chart notations. 
Manipulating atom marks. 
Switching questions. 
Using improper questions. 
Aborting charts. 
Voice inflection. 
Improper conduct between charts. 
Entering incorrect response.

Answer 22

Just be able to recognize.

Question 23

Factors
Institutional Pressures. 
Institutional traditions and precedent. 
Inconclusive/Admission Rate
Time limitations. 
Us vs Them syndrome. 
Personal opinion regarding examinee. 
Greed
Ego

Answer 23

Be able to recognize.

Question 24

Is polygraph a profession?

Answer 24

Specialized Education/Continuing Education. 40 hours per year.

Licensing (or Federal Certification)

Compensation.

Question 25

The four character types:

Answer 25

The Bad-Always bad from start and continue.

The Uncontrollable-Defects latent not blatant. Succumb to weakness of will. “Boiling Frog” gradual process of changing individual.

The Self Controlled-do the right thing but for wrong reason. (Punishment). Tension between duty and desire.

The Excellent-truly incorruptible

Question 26

Essay.
With Integrity nothing else matters.
Without Integrity nothing else matters.

Answer 26

Essay on both.

Question 27

Definition of Character Excellence.

Answer 27

A person of excellent character has achieved a disposition to do:
The right thing
In the right way
At the right time
For the right reason

Question 28

Akrasia
Goal Gradient Phenomenon - psychological fact with ethical overtones.
Compare career to marathon.

Answer 28

Comparing career to a marathon.

Tiring effect that occurs over time in which you may become involved in Debian behavior.

Question 29

Countering Akrasia.

Book, Bell, Candle analogy.

Answer 29

Book, Bell Candle Analogy
Do my actions violate the book?
Is this bothering my conscience? Bell
Ok in the the eyes of he public? Candle

Question 30

What makes an objective polygraph difficult?

Answer 30

You-bias
Case facts
Case Agent

Question 31

The Three Classic Dilemmas and explain

Answer 31

Truth vs Justice-Truth may be sacrifices in order to convict criminals or examinees

Due Process vs Crime Control-the belief that Constitutional Rights may be ignored in order to control crime.

Honesty vs Loyalty
Belief that honesty should be sacrificed in order to protect a fellow examiner.

Question 32

Dirty hands vs filthy hands

Answer 32

Dirty hands- wrong thing/right reason

Filthy hands-wrong thing/wrong reason

Question 33

The highest loyalty is to the_______________.

Answer 33

Constitution

Question 34

6th Amendment.

Answer 34

Right to counsel

Crime specific