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Flashcards in Rules of Evidence Deck (298):
1

In 2004, who was placed on trial in Iraq war crimes?

Saddam Hussein

2

Some fact that tends to prove or disprove the existence of an alleged fact

Evidence

3

What ways are evidence introduced in trial?

Testimony;
Documents;
Tangible Objects

4

In court witnesses cannot ____ to what someone else said unless specifically able to through the Federal Rules of Evidence

Testify

5

Landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts, as well, as had previously been the law, as in federal criminal law prosecutions in federal courts.

Mapp v. Ohio (1961)

6

Amount and quality of evidence necessary to establish each element of crime

Burden of Proof

7

1. At criminal trial the prosecution must meet this burden
2. Defendants are presumed to be innocent
3. The prosecution must offer evidence that convinces the trier of fact that the defendant is guilty
4. The standard does not mean proof beyond any doubt

Beyond a Reasonable Doubt

8

In a trial, the ____ carries the burden of persuasion

Defense

9

What are the affirmative defenses that can be used in trial?

Self-Defense;
Duress;
Intoxication;
Entrapment;
Insanity

10

____ is not a defense but can be raised to mitigate the crime

Intoxication

11

Trier of the law

Judge

12

Trier of fact

Jury

13

Sometimes the ____ can be the trier of fact and the trier of law

Judge

14

1. Determines if evidence is to be believed
2. Determines what weight to give to testimony, documents or physical evidence.
3. Determines the weight of the evidence
4. Jury has no say so as to whether evidence is submitted

Jury

15

Some cases do not allow for ____ ____ (i.e. Casey Anthony trial)

Speaking Objections

16

The judge controls what evidence will be submitted. However, a ____ exists that evidence is admitted unless objected to.

Presumption

17

1. Often initiates the criminal proceedings
2. Federally called United States Attorney
3. Usually called District Attorneys
4. Represents the state or government at trial
5. Handles all appeals of verdicts

The Prosecution

18

1. Seek arrest or search warrants only with probable cause
2. Disclose all useful evidence to defense
3. Prevent undue publicity
4. Insure constitutional safeguards followed

Prosecutorial Ethics

19

During preparation for minor cases (like traffic tickets), the prosecution generally only reads the ____ ____.

Police Reports

20

How does the prosecution prepare for major cases?

Interview witnesses;
Review Evidence;
Determine likelihood of conviction;
Look at level, number and types of charges;
Determine if plea bargain is appropriate

21

What amendment guarantees the right to counsel, defense attorneys must be competent, if too poor to afford an attorney one will be provided, if denied conviction will be automatically reversed?

6th

22

1. Insures due process of law
2. Prevents defendant from illegal searches and confessions
3. Cross-examine hostile witnesses

Defense Attorney

23

In this Supreme Court case, it was unanimously ruled that state courts are required under the Fourteenth Amendment to the U.S. Constitution to provide counsel in criminal cases to represent defendants who are unable to afford to pay their own attorneys. The case extended the identical requirement that had been explicitly imposed on federal courts under the Fifth Amendment and Sixth Amendment.

Gideon v. Wainwright

24

Historically, trials were often unfair. The ____ ____ and ____ started with the presumption of guilt.

____ had to have previous knowledge of the case.

Star Chamber and Inquisition;
Jurors

25

Defines what the constitution means

Supervises the federal court system

U.S. Supreme Court

26

Adopted by the Supreme Court in 1975

Used to allow certain evidence in trial

Federal Rules of Evidence

27

Bush v. Gore, 531 U.S. 98 (2000)

Bush is the ____
Gore is the ____
531 is the ____
98 is the ____
2000 is the _____

Plaintiff;
Defendant;
Volume Number;
Page Number;
Year case was heard

28

1. Held by a Judge before a trial
2. Based on motion by either side to exclude evidence from being used at trial
3. Motions to suppress should be filed anyway, even if there is a chance of it not getting approved
4. Normal rules of evidence apply at the hearing

Suppression Hearing

29

What are the reasons that most evidence is suppressed?

Involuntary Confessions;
Illegal Searches

30

To offer evidence in a trial

Proffer

31

Process whereby each side discloses what evidence and witnesses it has or will use at trial

Discovery

32

Evidence of innocence

Exculpatory

33

Evidence of guilt

Inculpatory

34

What amendment allows the defense to refuse to disclose the defendant's testimony

5th

35

Negotiating a deal to limit number or severity of charges before they are filed

Charging Bargaining

36

Negotiate as to number of guilty pleas, level or charges or sentence.

Plea Bargaining

37

Defendant acknowledges he was informed of all his rights and details of the plea bargain before accepting

Boykin Waiver

38

What are the stages of jury selection?

Jury Selection;
Jury can be screened with preliminary questionnaire;
Challenge for cause;
Preemptory Challenge

39

During a jury selection, who gets the first chance to "seat or excuse" a juror?

Prosecution

40

The dismissal of a possible juror is referred to as a ____ __ ____

Challenge for cause

41

How many jurors are each side allowed to dismiss in capital cases?

How many in felony cases?

10;
6

42

Case in which the United States Supreme Court ruled that a prosecutor's use of peremptory challenge in a criminal case—the dismissal of jurors without stating a valid cause for doing so—may not be used to exclude jurors based solely on their race. The Court ruled that this practice violated the Equal Protection Clause of the Fourteenth Amendment.

Batson v. Kentucky (1986)

43

Who is charged with making the records of the trial

Court Reporter

44

Can opening statements be used as evidence in a trial?

No

45

Stage in a trial where the attorneys outline what witnesses are going to testify, what evidence being introduced in.

Don’t promise something you cant keep

Opening Statements

46

The ____ ____ ____ states that the defense or prosecution can object at a proper time, during or before a trial

Contemporaneous Objection Rule

47

____ an objection will bar its admissibility

Sustaining

48

____ an objection will allow evidence in or questioning to continue

Overruling

49

Requiring a basis as to why that witness may introduce evidence is also referred to as ____ ____

Laying Foundation

50

Used to point out flaws, inconsistencies and lies

Limited if witness needs special protection (i.e. child or someone mentally handicapped)

Cross-examination

51

The attacking of a witness based on some problem with his testimony or the witness itself

Impeachment

52

When one opposing side seeks to explain problems or issues under which the witness was impeached

Rehabilitation

53

Defendant need not offer any evidence

A presumption of innocence requires the prosecution to prove all elements of the crime

Usually however defense will call witnesses and present evidence

Defense Case in Chief

54

Prosecution presents its case first

Has witnesses sworn in to prove each element of offense

Prosecution Case in Chief

55

Defendant may seek to show his good character

But may open door to much more damning evidence

Character evidence

56

When prosecution calls a witness during Defenses case

Seeks to reject testimony offered by defendant about issue not raised by prosecution

Rebuttal

57

When defense calls witness after rebuttal to reject the witness or evidence used by prosecution

Rejoinder

58

The ending stage of a trial where each party offers its explanation of the trial

Closing Arguments

59

The ending stage of a trial where the Judge explains the law to jury

Often from prepared copy agreed to by each side

Jury Instructions

60

The ending stage of a trial, done in private, where evidence is reviewed and a verdict is reached.

Can be unanimous or by majority in some states

Jury Deliberation

61

A jury that cannot reach a verdict

Hung Jury

62

In the case of a jury not reaching a verdict, can a retrial take place without violating "double jeopardy"?

Yes

63

How the jury voted on each charge

Verdict

64

After the trial, this stage is often delayed to allow judge to consider verdict

May get a report on defendant

Sometimes jury recommends penalty (as in capital case)

Sentencing

65

Evidence that make any fact important to the case, more or less likely

Relevant Evidence

66

Relevant evidence is ____; offering some proof a fact did or did not occur

Probative

67

If there is no objection to evidence, no ____ __ ____ need be offered

Proof of Relevancy

68

Evidence that has no connection to the facts of the trial

Immaterial

69

What are the reasons that evidence is typically excluded from trial?

Evidence that is unduly prejudicial due to high emotional impact;
Prior convictions of crimes not closely related in manner or time to the current case;
Evidence that distracts from the main issues at trial

70

Repeats other evidence or facts

Less likely to be admitted

Cumulative Evidence

71

Adds new facts and confirms other evidence

More likely to be admitted

Corroborative Evidence

72

Evidence that conclusively establishes something as true (if it is believed by the jury)

Evidence of a fact in issue is always relevant

Direct Evidence

73

Evidence that indirectly proves a fact

It requires the jury or judge to make an inference or deduction


Circumstantial Evidence

74

Defined as a logical conclusion based on fact or facts

Inference

75

Defined as evidence given by a witness under oath or affirmation

Usually occurs in court

Can occur in affidavits or depositions, so long as they are under oath

Testimonial Evidence

76

Physical evidence that itself plays a direct part in the incident in question

Real Evidence

77

An agreement between the prosecution and defense to admit one or more facts into evidence

They can be written or oral

Stipulations

78

A procedure whereby the judge instructs the jury to conclude a fact exists

Judicial Notice

79

FRE ____ (Defines judicial notice)

201

80

A legal inference or assumption that a fact exists based on the know or proven existence of some other fact or group of facts

Presumption

81

The ____ ____ is what is necessary to establish a presumption may exist

Basic Fact

82

The ____ ____ is what may be assumed if the basic fact exists

Presumed Fact

83

What are the 3 constitutional limits on presumptions?

A presumption must be based on a logical assumption rather than mere policy;
When used by the prosecution, the basic fact must be established beyond a reasonable doubt;
A presumption cannot shift the burden of proof to the defendant

84

The two general types of presumptions are ____ and ____

Rebuttable;
Conclusive

85

Testimony that would normally be barred as hearsay but may nonetheless be admitted as evidence in certain kinds of cases because it constituted the last words of a dying person.

Dying Declaration

86

What was the recent case that involved the stabbing of an individual who claimed self defense

Police took statement from wife who contradicted husband’s assertion of self defense

Crawford v. Washington (2004)

87

The out of court statement made by the declarant and being offered to show the content of the statement is true

Hearsay

88

With regards to hearsay, the ____ is the party who made the statement in the past

Declarant

89

FRE ____ (Defines Hearsay)

801

90

Why is hearsay not admissible?

Party could lie about content or recollection;
Party testifying could misinterpret what was said;
Defendant loses right of cross examination of the declarant

91

Past testimony may be admissible if party again testifies

Testimonial Hearsay

92

FRE ____ (Defines Unavailable)

804(a)

93

What are these examples of in reference to the federal rules of evidence?

Exempted because of privilege
Witness refuses court order to testify
Lack of memory
Unable because of death, mental illness or infirmity
Absent and unable to locate or procure witness

Unavailable Declarant

94

Federal Rules of Evidence state that ____ and ____ are not hearsay

Admissions and Confessions

95

Statement made after and about a startling event

Spontaneous Statement (Excited Utterance)

96

When statement made at the same time as an act

Contemporaneous Declaration (Present Sense Impression)

97

What section of the Federal Rules of evidence allow a statement made against pecuniary interest?

FRE 804(b)(3)

98

What section of the Federal Rules of evidence define the "Exceptions Regardless of Whether the Declarant is Available as a Witness"

FRE 803

99

What section of the Federal Rules of evidence allow for an "Excited Utterance"

FRE 803(2)

100

What section of the Federal Rules of evidence allow for a "Contemporaneous Declaration"

FRE 803(1)

101

What section of the Federal Rules of evidence allow for a "Dying Declaration"

FRE 804(b)(2)

102

What section of the Federal Rules of evidence define "Mental and Physical State"

FRE 803(3)

103

Statement of memory or belief is ____ admissible to prove fact remembered or believed

Not

104

What section of the Federal Rules of evidence defines "Business Records and Official Documents"

FRE 803(6)

105

In this case, the suspect interrupted police who were reading him his rights – stating he knew them

Admitted under questioning to possessing an illegal firearm

Moved to suppress the firearm as he was never fully informed of his rights

United States v. Patane (2004)

106

Before American Revolution, British searched homes and businesses wherever and whenever they wanted under ‘____ ____’

General Warrants

107

What amendment bars unreasonable searches and seizures?

4th Amendment

108

The examination of a person, house or property by the police or their agents

Search

109

The taking possession of a person or property

Seizure

110

Reasonable belief based on facts that a person committed a crime (arrest) or that a location contains evidence related to a crime (search)

Necessary before arrest or search warrants issued

Probable Cause

111

To object to a search it must be the party on trial rights’ that were violated, not some other person

Standing

112

What are the requirements for a warrant?

Probable Cause;
Oath or Affirmation;
Description of individual (arrest);
Description of item and place (search);
Made to neutral magistrate

113

Contains sufficient detail to know what is being searched for and where

Generally limits the search

Should not exceed contents of warrant

Affidavit

114

On a warrant, the facts supporting every element of the crime

Contents

115

The judicial guideline set down by the U.S. Supreme Court for evaluating the validity of a search warrant based on information provided by a confidential informant or an anonymous tip.

Spinelli Standard

116

The act of the search or arrest under the authority of the warrant

Execution

117

The requirements in the execution of the search warrant where police have to identify themselves as police, announce cause, wait for entrance (reasonable time)

Knock and Announce

118

What circumstances are "no knock warrants" issued?

Danger to police, victim, or public;
Danger of evidence being destroyed or suspect escaping

119

The ____ ____ states that evidence seized in illegal search is not admissible against the party’s whose rights were violated

Exclusionary Rule

120

The United States Supreme Court case in which the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment. It also prevented local officers from securing evidence by means prohibited under the federal exclusionary rule and giving it to their federal colleagues.

Weeks v. United States (1914)

121

What was the first case to apply the 4th amendment to both federal and state courts.

Mapp v. Ohio (1961)

122

Evidence derived from an illegal search is also inadmissible

Fruits of the Poisonous Tree

123

Police objectively believed search legal

Warrant valid on its face

New constitutional law published later by higher court

Good Faith

124

If evidence would absolutely have been discovered later in valid search

Inevitable Discovery

125

What are the exceptions to the search warrant?

Independent source;
Public safety;
Knock and announce

126

1. Typically a violation of due process
2. Often called a “shock to conscience of the court”
3. Can never physically coerce suspects
4. Limits on evidence obtained from the human body without consent
5. Limits on use of deadly force (seizure)

Impermissible methods of obtaining evidence

127

Force must be reasonable to affect arrest or detention

Force should be proportional to threat

Right to use force

128

What case in which the Supreme Court of the United States held that under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, he or she may use deadly force only to prevent escape if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.

Tennessee v. Garner

129

Case in which the Court determined that an objective reasonableness standard should apply to a free citizen's claim that law enforcement officials used excessive force in the course of making an arrest, investigatory stop, or other "seizure" of his person.

Graham v. Connor

130

What case states that the Police with articulable suspicion of crime may detain a suspect and question them briefly

Limited to pat down for weapons – frisk

Can’t used evidence discovered to justify search

Terry v. Ohio (1968)

131

In respect to school searches, students have ____ rights to privacy than the public

Fewer

132

Police need ____ ____ to arrest for a felony if done without a warrant

Probable Cause

133

The quick visual check of larger area for safety reasons

Protective Sweep

134

Can police search an entire vehicle if the driver or passenger is arrested?

Yes

135

The process of admitting the arrestee to jail

Booking

136

____ searches are designed to prevent weapons or contraband from entering the jail facility

Booking

137

Prisoners do not have an ____ __ ____ in a cell

Expectation of Privacy

138

During a search, whatever is found is admissible, even if not related to arrest

Discovered Evidence

139

The quick visual check of a larger area for safety purposes

Protective Sweep

140

True or False:

The 14th amendment requires that jail staff obtain a warrant to search a prisoners cell

False;
Prisoners have a lower expectation of privacy

141

U.S. Supreme Court case that addressed the following:

1 - Belton does not authorize a vehicle search incident to a recent occupant’s arrest after the arrestee has been secured and cannot access the interior of the vehicle.
2 - Circumstances unique to the automobile context justify a search incident to arrest when it is reasonable to believe that evidence of the offense of arrest might be found in the vehicle

Arizona v. Gant (2009)

142

What are the 3 requirements for police to seize evidence in plain view?

- They are legally at location
- Object can be seen without search or disturbance
- Probable cause exists to seize object

143

What U.S. Supreme Court case held that the Fourth Amendment was not violated by the naked-eye aerial observation of respondent's backyard?

California v. Ciraolo (1986)

144

Not a search unless items are not hidden

Observation

145

What U.S. Supreme Court case developed the plain view doctrine under the Fourth Amendment to the United States Constitution. This case also expanded to include a three-part test, requiring that the police officer finding evidence in plain view be:

- Lawfully present at the place where the evidence can be plainly viewed,
- The officer must have a lawful right of access to the object, and
- The incriminating character of the object must be "immediately apparent."

Horton v. California (1990)

146

In order for the ____ ____ doctrine to apply, the officer must be legally authorized to be in the location of the evidence (i.e. consent to enter) or on public property.

Plain View

147

Law Enforcement must have ____ ____ to seize evidence in plain view. The officer can’t seize simply because police suspect crime.
If ____ ____ does not exist, the police may still use discovery to continue investigation

Probable Cause;
Probable Cause

148

The ____ ____ doctrine allows the police to enter property that is not enclosed. Police may even trespass on private property.
Evidence discovered under this doctrine may be seized

Plain Fields

149

Owners ____ ____ when they deny ownership or leave it without intent to exert control later

Abandon Property

150

Property that is ____ has no expectation of privacy and may be searched and seized without warrant

Abandoned

151

When party with ownership or control allows access or search of property

Consent

152

In order for a person to allow access or the search of property, the person must have ____ to consent

Authority

153

What is the standard for consent?

- Must be voluntary, but police need not inform them they can decline
- Consent can be implied by action
- Consent invalid if police lie about having warrant

154

____ and those on ____ may be required to consent as precondition of release

Parolees;
Probation

155

____ are not authorized to give consent to search

Children

156

Parents may consent for a ____

Minor

157

If two parties are present, ____ may consent to the search

Either

158

Parties with a ____ __ ____ are authorized to give the police consent to search

Expectation of Privacy

159

In regards to the Scope of Search based on consent, whoever consents sets the ____ of the search

Conditions

160

If Police see evidence of crime they can seize it

Plain View

161

In the scope of a consent search, it may be limited ____, by time or for item.

Geographically

162

If something is discovered during the scope of a consent search, the scope may ____

Widen

163

What gives law enforcement officers an automatic right to conduct a thorough search or the arrestee and the area within his/her immediate control

Search Incident to Arrest

164

What gives law enforcement officers the ability to search the whole car if the driver or passenger is arrested?

Search Incident to Arrest

165

In a search incident to arrest, the passenger compartment and ____ items inside are subject to search

Any

166

When law enforcement has probable cause to search a car, the scope of search is tied to the ____ of probable cause

Nature

167

When searching cars with probable cause, the search can include ____ for police safety.

Weapons

168

When searching cars with probable cause, there are no ____ limits and can be very ____ and complete

Time;
Extensive

169

In regards to vehicle searches (inventory), the vehicle may be ____ when the driver is arrested.

Impounded

170

Police may search impounded vehicles generally to make ____ for protection of police and suspect's property

Inventory

171

Law enforcement must have ____ reasons to impound and search

Legitimate

172

____ searches are generally less invasive than searches for evidence of crime

Inventory

173

What U.S. Supreme Court case extended Terry v. Ohio (1968) to allow searches of car compartments during a stop with reasonable suspicion? The case also clarified and narrowed the extent of adequate and independent state ground, allowing U.S. Supreme Court review of state supreme court decisions unless they explicitly appealed to state laws.

Michigan v. Long (1983)

174

What are the two prerequisites for a reasonable suspicion search?

- Articulateable facts lead officer to believe party engaged in crime
- Reasonable suspicion there may be a firearm

175

Law Enforcement may search entire ____ compartment for weapons during a reasonable suspicion vehicle search.

Passenger

176

Law Enforcement can search a vehicle based on reasonable suspicion and can be based on a traffic stop for a ____ offense

Minor

177

With respect to vehicle searches, the outside of the vehicle is considered ____ ____

Plain View

178

During an "outside" vehicle search, discovery of evidence may be used to support ____ search

Wider

179

For outside vehicle searches, ____ may be used if vehicle in public place

Dogs

180

In regards to outside vehicle searches, it is not a search to use drug or weapon ‘____’ dogs

Sniffing

181

For Dogs to be used in an outside vehicle search, the car ____ be lawfully stopped

Must

182

What U.S. Supreme Court case held that the warrantless search of the Ford did not violate the Fourth Amendment as made applicable to the States by the Fourteenth. The search was not unreasonable, since the police had exercised a form of custody of the car, which constituted a hazard on the highway, and the disposition of which by respondent was precluded by his intoxicated and later comatose condition; and the revolver search was standard police procedure to protect the public from a weapon's possibly falling into improper hands.

Cady v. Dombrowski (1973)

183

During vehicle searches related to noncriminal investigations, ____ cases are on point concerning these searches

Few

184

Vehicle searches related to noncriminal investigations are mostly "community ____ functions."

Caretaking

185

What type of search takes place when the police investigation is not related to a crime or the search for criminal evidence?

Noncriminal Investigations

186

An example of a noncriminal investigation vehicle search would be finding a ____ car

Abandoned

187

Most often used as sobriety checkpoints and sometimes for safety issues

Roadblocks

188

Roadblocks are ____ ____ simply to check for outstanding warrants from drivers

Not Permissible

189

Roadblock can be used to ____ the public about a recent crime that took place

Question

190

When law enforcement use roadblocks, no ____ ____ are authorized if there are no suspicions of illegal activities

Random Stops

191

What type of warrant basically covers certain regulated industries? A statement of legislative purpose is required for such warrants to be approved.

Administrative Warrants

192

What are the 3 basic requirements to obtain an administrative search warrant?

- Regulatory scheme is supported by governmental interest
- Warrantless inspections necessary to further scheme
- Statute limits official discretion and advises owners of limits

193

ICE (Immigration and Custom Enforcement) not needing warrants to check for illegal aliens at workplace is an example of what?

Administrative Search

194

What are 2 typically regulated businesses covered with authorization to conduct administrative searches?

Health Department for Restaurants;
Nuclear Regulatory Agency for Reactors

195

What U.S. Supreme Court case held that a suspect's silence during interrogation does not invoke his right to remain silent under Miranda v. Arizona. The invocation of that right must be unambiguous, and silence is not enough to invoke it. Voluntarily and knowingly responding to police interrogation after remaining silent constitutes a waiver of the right to remain silent, provided that a Miranda warning was given and the suspect understood it.

Berghuis v. Thompkins (2010)

196

Under privilege of the fifth amendment no person can be required to make a statement ____ ____ in a criminal proceeding

Against themselves

197

Defines that a suspect can no longer be charged

Statute of Limitations

198

____ guarantees that a statement can't be used against a party

Immunity

199

____ Immunity guarantees that a statement can't be used against a party or what is discovered from it.

Transactional

200

____ ____ guarantees that a subject cannot be retried if convicted or acquitted

Double Jeopardy

201

If a person appeals a verdict, does double jeopardy prevent that person from being charged again?

No

202

____ can not appeal a not guilty verdict

Prosecution

203

____ can appeal an appellate court decision

Prosecution

204

In regards to double jeopardy, the defendant can’t be charged with more serious crime if convicted of a ____ ____

Lesser Offense

205

____ ____ does not apply if no verdict is reached at trial (hung jury)

Double Jeopardy

206

The fifth amendment only applies to ____

Testimony

207

In cases of nontestimonial compulsion, law enforcement officers can compel the subject to provide samples after ____ or with a ____

Arrest;
Warrant

208

During nontestimonial compulsion, the subject cannot refuse to provide samples under the ____ amendment

5th

209

With regards to nontestimonial compulsion, Identification features (person's appearance) is not ____

Still may be issues regarding 4th Amendment

Protected

210

Who was convicted of the kidnapping and rape of a child and a woman in Florida in 1981

Alan Crotzer

211

How many people positively identified Crotzer, including the victims

10

212

How many years in prison did Crotzer serve before being exonerated?

24 years

213

What are the three basic types of police identification?

LIneups;
Showups;
Photographic Lineup

214

Multiple people in a single group, with one suspect are shown to the witness

Lineups

215

Single suspect is shown to the witness

Showup

216

Multiple photos are shown to the witness either i groups or sequence, with suspect included

Photographic Lineup

217

A suspect cannot be ____ to participate in a lineup absent consent or lawful custody

Compelled

218

Brief ____ for show ups may be possible

Detentions

219

Law enforcement needs ____ ____ to transport a suspect for lineups

Probable Cause

220

True of False

Photographic lineups are a form of detention

False

221

According to the 5th amendment, a person has no right to ____ to participate in a lineup if they are in lawful custody

Participate

222

A person can be compelled to pose, wear specific clothes and ____ specific words

Speak

223

During a lineup, generally a suspect has no right to have ____ present

Counsel

224

The counsel observes conditions and may object to admission of identification if it violates ____ ____

Due Process

225

U.S. Supreme Court case where a pre-indictment showup without counsel was not a violation of the Sixth Amendment right to counsel because the criminal prosecution had not yet begun.

Kirby v Illinois (1972)

226

Constitutional requirement that whatever method is used in police identification of a suspect be fair

Procedural due process

227

Procedural due process requires that law enforcement avoid ____ suggestion that the suspect is the guilty party

Undue

228

Individuals must have ____ characteristics for lineups

Similar

229

____ is the standard of proof necessary for a law enforcement officer to initiate a "Terry" Stop.

Articulable Suspicion

230

The clothes of a murder victim is considered to be ____ evidence.

Tangible

231

Written, printed, or electronic material admitted into court for viewing by the jury is considered to be ____ evidence.

Documentary

232

Recommended guidelines for lineups

Only ____ suspect should be included in each lineup

Recommended guidelines for lineups

233

Recommended guidelines for lineups

All fillers should be physically ____ to the suspect

Similar

234

Recommended guidelines for lineups

____ the location of the suspect each time

Rotate

235

Recommended guidelines for lineups

Use a minimum of ____ fillers

Four

236

Recommended guidelines for lineups

New suspects require that ____ fillers be used

New

237

Recommended guidelines for lineups

Fillers need not be uniformly ____ to suspect

Similar

238

Recommended guidelines for lineups

Any unique characteristic should be ____

Copied

239

The 911 Phone call of Cherica Adams in the Rae Carruth Trial is an example of what exception to the Hearsay Rule.

Excited utterance

240

The Federal Rule which defines Hearsay is Rule ____.

FRE 801

241

Type of lineup where a police officer unconnected with the case is given photographs, one of which is the suspect - officer not told who the suspect is. This seems to eliminate false identifications

Sequential lineups

242

What states use sequential lineups?

Maryland, Georgia, West VA, Connecticut, NC

243

The Federal Rule which balances whether otherwise admissible evidence will be exclused due to being unduly prejudicial is _____

FRE 403

244

A type of evidence which confirms prior testimony yet presensts new facts is referred to as _____ evidence

Corroborative

245

_____ is an agreement between the prosecution and defense to admit one or more facts into evidence.

A stipulation

246

_____ is a legal assumption that a fact exists based on the proven existence of some fact or group of facts.

A presumption

247

A trial strategy in which the prosecution and defense are allowed to dismiss jurors likely to favor the other side

Preemptory Challenge

248

A witness providing information to the court while under oath is considered to be _____ evidence.

Testimonial

249

No Knock Search Warrants are allowed if a suspect is ______

Armed and Dangerous

250

Rules ____ and ____ of the Federal Rules of Evidence outlines the exceptions to the Hearsay Rule.

803 and 804

251

Preparing Witnesses

Problems exist if witness is to see more than ____ lineup or photographic lineup

One

252

Preparing Witnesses

Should use ____ lineups (no suspects) to prevent misidentification

Blank

253

Preparing Witnesses

Keep witnesses ____ from one another

Separate

254

Preparing Witnesses

Law enforcement cannot ____ the witnesses

Coach

255

Preparing Witnesses

Make detailed report on ____ of all lineups

Results

256

Preparing Witnesses

____ of photos to conform to suspect is permissible

Modification

257

A trial strategy used by prosecution and defense counsel to dismiss a potential jury due to evidence of prejudice or a relationship with one of the parties conncected to the trial.

Challenge for Cause

258

A judicial tool used to exclude evidence derived from an illegal search or some other type of improper source.

The Exclusionary Rule

259

The Supreme Court case which outlines the proper use of Deadly Force by Law Enforcement.

Tennessee v Garner

260

U.S. Supreme Court case which allowed physician to remain imprisoned despite being subjected to a search which infringed upon his fourth Amendment Rights.

Wolf v Colorado

261

The legal doctrine which allowed state law enforcement to infringe upon the Fourth Amendment Rights of Citizens until the 1960's was known as the _____

Silver Platter Doctrine

262

The _____ is an exception to the Exclusionary Rule in which evidence submitted by the Prosecution will be admitted if it was based on a Search Warrant in which a police officer reasonably relied on evidence supplied by an informant that had been truthful before.

Independent Source exception

263

U.S. Supreme Court case which outlined a Criminal Defendant's Sixth Amendment Right to Legal Counsel.

Gideon v Wainwright

264

A legal concept which allows a law enforcment officer to search the area in which a person was arrested is called ______

A search incident to arrest

265

A process whereby each side discloses what evidence and witnesses it has or will use at the trial.

Discovery

266

The Federal Rule of Evidence which outlines what is required for evidence to be considered relevant

Rule 403

267

Evidence that is repetitive and is less likely to be admitted is referred to as _____ evidence.

Cumulative

268

Due Process at Showups

Showups are innately ____

Suggestive

269

Due Process at Showups

Great care must be taken to prevent ____

Misidentification

270

Due Process at Showups

Traditionally showups were limited to ____ situations

Emergency

271

Court case where the defendant challenged a pre-trial identification by requesting a hearing on the validity of the identification. The two-pronged test asks 1) whether the identification procedure was suggestive and 2) if it was suggestive, were there indicia of reliability such that the witness's testimony should still be admissible even if the procedure was suggestive.

Neil v. Biggers (1972)

272

Factors to consider for show ups

The ___ of the witness to view the crime

Opportunity

273

Factors to consider for show ups

The degree of ____ the witness was paying to events

Attention

274

Factors to consider for show ups

The level of ____ expressed by the witness

Certainty

275

Factors to consider for show ups

How closely ____ identifications conform to the current suspect

Prior

276

Factors to consider for show ups

Type and extent of prior ____ in witness identification

Inaccuracies

277

Factors to consider for show ups

The length of time between the ____ and the line up

Crime

278

Factors to consider for show ups

Court will review the ____ __ ____ to judge due process

Totality of Circumstances

279

Identification at Trial

Witnesses frequently ____ to make identifications at trial

Requested

280

Identification at Trial

Prosecution often attempts to focus on the ____ of its witnesses

Accuracy

281

Identification at Trial

Defense seeks to show ____ by often focusing on problems like eyesight or poor memory

Misidentification

282

Identification at Trial

____ can also occasionally be called

Experts

283

Constitutional Issues of Police Identification

If a constitutional issue is raised about identification, a ____ must be held to address the issue

Hearing

284

Constitutional Issues of Police Identification

The hearing must be ____ ____ or automatic reversal of conviction

In Camera

285

Constitutional Issues of Police Identification

The ____ of _____ ____ applies to in-court identifications

Fruit;
Poisonous Tree

286

______________ is a hearsy exception which allows a witness to refer to handwritten notes when they forget details about a case.

Past Recollections recorded

287

U.S. Supreme Court case which required state law enforcement and court systems to honor the Federal Constitutional Rights of Citizens

Mapp v Ohio

288

Court case that held a state criminal court is not required by the Due Process Clause of the Fourteenth Amendment to conduct a hearing out of the jury's presence whenever a defendant contends that a witness' identification of him was arrived at improperly

Watkins v. Sowders (1981)

289

The Supreme Court used the Due Process Clause of the ________ Amendment requires states to honor the Federal Constitutional Rights of Citizens.

14th Amendment

290

As a result of the Mapp case, a person is protected from unreasonable searches and seizures by the _______________ Amendment.

4th;
14th

291

A fact-finding body of 18 citizens which has the duty to determine whether a case has probable cause to go to trial.

Grand Jury

292

In a Grand Jury hearing, _____ out of the 18 jurors must find probable cause in order for the case to go to trial.

12

293

Joshua, a student at Ranson Middle School in Charlotte, is suspected of selling marijuana at the school. Several students have sent anonymous tips to the principal concerning Joshua's activities. In response, the principlal searches Joshua's locker and turns over 8 ounces of marijuana to the police. The police subsequently arrest Joshua. At Joshua's adjudication hearing in Juvenile Court, Joshua's attorney moves to suppress the marijuana based upon an illegal search and seizure. Should the motion of Joshua's attorney be granted? Why or Why Not?

The motion to suppress the evidence should be denied. Students at a school have fewer rights to privacy than the general public. In this situation, the principal conducted the search, not the police. Searches by school officials have fewer restrictions than police do.

294

Explain the difference in the Supreme Court's interpretation of the 4th Amendment in the cases of Weeks v. U.S. and Wolf v. Colorado. Explain why Weeks was let go under the Exclusionary Rule while Wolf was not despite both parties being subjected to an unreasonable search and seizure.

In Wolf v. Colorado, the ruling was that unlike the requirements regarding administration of criminal justice by federal authority imposed by the Bill of Rights, the 14th Amendment does not impose similar limitations upon states. In US v. Weeks, the 4th amendment applied only to federal agents in federal court which is why the ruling was in favor of the defendant.

295

An auditor for Bank of America has been called to testify concerning bank records he has reviewed in preparation for an embezzlement trial of a former employee. The auditor regularly reviews the bank records and recognizes the documents presented by the Prosecution as True and Accurate copies of the records involving the former employee. The Defense attorney for the former employee objects and indicates that the auditor's testimony regarding these records is hearsay. Should the Defense attorney's objection be sustained? Why or Why Not?

The defense attorneys objection should be overruled. Based on the guidelines set forth by FRE 803(6), the bank of America auditor can testify to the trueness and accuracy of the documents.

296

Police stop a person driving a rented vehicle for an illegal lane change after receiving a tip that the driver was carrying a large quantity of cocaine. After stopping the vehicle, the driver admits to carrying a weapon and is asked to step out of the car. Upon performing a Terry search, the police, also, find a small quantity of cocaine and place the subject under arrest. After taking the suspect's vehicle to impound, police search the vehicle and find a secret compartment in which the found several bricks of cocaine. The police subsequently charge the Defendant with Possession with Intent to Distribute Cocaine along with his other charges. The Defendant, in turn, hires an attorney who files a motion to Supress the Impound Search and Seizure of the Cocaine. Will the Dendant's motion be successful, why or why not?

The defendants motion to suppress will not be successful. This is due to the fact that the police conducted the Terry search of the vehicle for weapons after the defendant admitted to having one. Finding the cocaine gave the police probable cause to conduct a search incident to arrest. According to Arizona v. Gant, a search incident to arrest can only be performed if the defendant could access the interior of the vehicle during the search and if evidence found related to the offense that the defendant was arrested for. In this case, the police found cocaine during the search and is therefore authorized to search the vehicle in its entirety.

297

Problems with witnesses

If no current memory, the witness may ____ testify that they identified witness in pretrial photographic lineup.

Still

298

Problems with witnesses

If the witness has no current memory, the defense can obviously attack the ____ of the witness

Credibility