test2

Question 1

What is the definition of Hearsay

Answer 1

A statement the declarant made except while testifying

Question 2

Chimel Rule

Answer 2

Span of control (arms Reach)

Question 3

Dying Declaration Rule : The Declarant ____

Answer 3

believes death is imminent and statement relates to cause.

Question 4

The hearsay rule applies to documents True or False

Answer 4

True

Question 5

Who writes an affiavit /or warrant (Search and or Arrest)

Answer 5

Law enforcement

Question 6

Can “excited utterance”3 days after the attack be admitted under the various exceptions?

Answer 6

This would not be an exception due to the lapsed time.

Question 7

Case Law “ Week V. United States”

Answer 7

Exclusionary Rule

Question 8

After the police serve a search warrant they are done True or False?

Answer 8

FALSE: The judge needs to see a Return on Search Warrant

Question 9

The police check a house and find a murder victim. They continue searching for evidence

Answer 9

Need search warrant (except search for other victim/suspect)

Question 10

Husband/ Wife Privilege has 0 Exceptions T or F

Answer 10

FALSE: Crimes, Child Abuse, Bigamy are exceptions.

Question 11

If the document is an antique 100+ years old nothing forensic can do True or False

Answer 11

False

Question 12

Bill of rights Question 4th Amendment?

Answer 12

Unreasonable Search and Seizure

Question 13

Totality of circumstances = Probable Cause is from __ v __

Answer 13

Illinois v. Gates

Question 14

Case Law: Mapp v. Ohio

Answer 14

Applies Exclusionary Rule to all levels of law enforcement

Question 15

In Attorney Client Privilege who controls it ?

Answer 15

The client

Question 16

Searching a house for officer safety purposes is an example of

Answer 16

Protective Sweep Doctrine.

Question 17

In our opening Subpoena Duces Tecum exercise your document can only be authenticated by you True or Fakse

Answer 17

False

Question 18

How much detail is required in a affidavit for a search warrant

Answer 18

Probable Cause

Question 19

What is exigency

Answer 19

Urgent need or demand.

Question 20

In a situation with multiple suspects only the one most involved can be arrested.. True or False

Answer 20

FALSE: If there is sufficient cause they can all be charged

Question 21

Prior to the 1960s, the United States Supreme Court maintained a ____ policy when it came
to interfering with the procedures used by state and local police.

Answer 21

Hands Off Policy

Question 22

All arrests must be based upon

Answer 22

Probable Cause

Question 23

In the 1968 case of , the U.S. Supreme Court ruled that a police officer may, under certain conditions, lawfully detain a suspect without arresting them.

Answer 23

Terry V Ohio

Question 24

____ is the level of evidence that a police officer needs in order to conduct a “stop and frisk.”

Answer 24

Reasonable Suspicion

Question 25

The exclusionary rule was originally established in the U.S. Supreme Court case of ____ V ____

Answer 25

Week V US

Question 26

____ V ____ was the 1961 Supreme Court case that made the exclusionary rule applicable to all police officers in the United States.

Answer 26

Mapp V Ohio

Question 27

The good faith exception and the inevitable discovery exception are both exceptions to the ___

Answer 27

Exclusionary Rule

Question 28

______ allows an officer to conduct a complete search of an arrested person as well the area within their immediate control.

Answer 28

Search Incident to a Lawful Arrest

Question 29

The ____ _____doctrine states that if a police officer is lawfully at a location and he sees contraband within his view, he may seize it without a warrant.

Answer 29

Plain View

Question 30

In the 1925 Supreme Court case of ____ V _____, the Court first recognized that vehicles are highly mobile and police do not usually have time to obtain a search warrant.

Answer 30

Carroll V US

Question 31

It wasn’t until when in the case of Brown v. Mississippi that the Supreme Court recognized that police could not coerce or physically abuse suspects in order to obtain a confession

Answer 31

1936

Question 32

The Miranda Rights are required to be given to a suspect prior to any questioning, when the suspect is going to be questioned in a _______ _______

Answer 32

Custodial setting

Question 33

Rule Of 4

Answer 33

In order for a case to be accepted for review, at least four of the Justices must agree to hear the case.

Question 34

The two primary divisions of the court system in the United States are the

Answer 34

Civil Courts & Criminal

Question 35

A ____ is a civil wrong.

Answer 35

Tort

Question 36

A _____ is the territory, subject matter, or persons over which a court has legal authority to hear and decide a certain type of case.

Answer 36

Jurisdiction

Question 37

Article ______ , Section ____ of the U.S. Constitution specifically creates the United States Supreme Court

Answer 37

Article III Section 1

Question 38

The federal court system is a ___ tier system.

Answer 38

3

Question 39

The trial court in the federal court system is the ____ court

Answer 39

District Court

Question 40

There are ____ Regional Circuit Courts of Appeal in the federal court system.

Answer 40

94

Question 41

______ ______ is the current Chief Justice of the United States Supreme Court

Answer 41

John G Roberts JR.

Question 42

Once a case is accepted for review by the U.S. Supreme Court, the Court issues a ____ ____ ____

Answer 42

writ of certiorari

Question 43

In states that have a two tiered court system, appeals from the trial court go directly to the court of ____ within that state.

Answer 43

Highest Court

Question 44

The posting of money, property, or other collateral, by an arrested person to guarantee that they will appear in court to answer the charges against them is called _____

Answer 44

Bail

Question 45

The __________ is the first time the defendant is brought before the court that has the jurisdiction to actually conduct the trial

Answer 45

arraignment

Question 46

The __________ Amendment guarantees the right to a speedy trial as well as the right to counsel

Answer 46

6th

Question 47

The __________ is the group of prospective jurors summoned by the court to report at a specified date and time.

Answer 47

Venire

Question 48

The burden of proof in a criminal trial is always on the

Answer 48

Prosecution

Question 49

The questioning of prospective jurors to determine their qualifications to serve on the jury is called the

Answer 49

Voir Dire

Question 50

The report that is filed with the court prior to sentencing by the probation department is called the

Answer 50

PSI (Presentence Report)

Question 51

______ sentencing is a fixed term of incarceration.

Answer 51

Prison

Question 52

_______ _____ circumstances are factors that relate to the commission of a specific crime that causes its severity to be greater than that of a typical instance of the same type of offense.

Answer 52

Mandatory Sentencing

Question 53

If a judge sentences two or more counts to run one after another, it is called a ___________ sentence

Answer 53

Consecutive

Question 54

The __________ Amendment establishes the guarantee against “cruel and unusual punishment

Answer 54

8th

Question 55

In 1972 the U. S. Supreme Court ruled in the case of __________ that the death penalty was often used in an arbitrary manner and was disproportionally used on race and not on the seriousness of the crime

Answer 55

Furman V Georgia

Question 56

The most common method of legal execution in the United States in

Answer 56

Lethal Injection

Question 57

Founder of Pennsylvania and leader of the Quakers

Answer 57

William Penn

Question 58

The first true “penitentiary” in the United States was called the

Answer 58

Walnut Street Jail

Question 59

Sing Sing prison in New York is an example of the ____ System that was a model for more than thirty state prisons throughout the eighteenth century.

Answer 59

Auburn

Question 60

_____ are local facilities that are usually run by municipalities and counties.

Answer 60

Jails

Question 61

_____ are long term facilities that are run by the state or the federal government.

Answer 61

Prisons

Question 62

An assessment of a prisoner’s risks and needs is referred to as ____

Answer 62

Classification

Question 63

The most common security levels of prisons in the United States are the ___ security prisons.

Answer 63

Medium

Question 64

The punishment philosophy of _____ ______ focuses on the needs of the victim, society, and the offender.

Answer 64

Restorative Justice

Question 65

The concept of lex talionis or “an eye for an eye” is based on the early philosophy that punishment should equal the crime. Today we refer to this philosophy as ____

Answer 65

Retribution

Question 66

_____ is the philosophy that is premised on the idea that criminals can be “cured” and made to change their criminal ways.

Answer 66

Rehabilitation