Multiple Choice 1-10 (30 points)

 

__B___1. The US Supreme Court made the federal exclusionary rule mandatory for state courts in: a. Mapp v. Ohio b. Weeks v. U.S. c. Miranda v. Arizona d. Settles v. Arizona e. none of the above

 

___B___2. The Privilege against self incrimination is found in the a. Declaration of Independence b. Fifth Amendment c. Fourth Amendment d. Sixth Amendment e. none of the above

 

 

__C___3. The Constitution’s ______________Clause and rule against hearsay protect similar values. A. self-incrimination b. ex post facto c. confrontation d. confirmation e. none of the above

 

___D__4. Statements offered to prove which of the following would be hearsay? A. no knowledge of any information possessed by the defendant b. the declarant’s state of mind c. the effect of the statement on the hearer d. the declarant was told by the defendant’s mother that she saw the defendant pull the trigger and fire the fatal shot e. none of the above

 

___D__5. The primary purpose of judicial notice is to a. protect the rights of defendants b. assure a fair trial for both parties c. give the judge more control over the proceedings d. save time and effort e. none of the above

 

 

__C___6. Which of the following is a firmly rooted hearsay exception in the law of evidence? A. personal diaries b. statement of the accomplice c. excited utterance d. statements made while mentally incompetent e. none of the above

 

_____7. The problem with hearsay testimony is that the person who actually saw the events

a. may be dead b. is not on the witness stand c. cannot be subpoenaed d. may have a privilege against self-incrimination e. none of the above

 

 

_____8. Testimony about statements made by a person to show that the person was mentally ill are a. not hearsay b. hearsay c. hearsay but are admissible because of the indicia of reliability d. are excludable under the case law e. none of the above

 

_____9. The statement by a shooting victim just before they die would probably be admissible under the hearsay exception for a. victim statements b. murder witnesses c. statements for descriptions of present mental condition d. dying declarations e. none of the above

 

_____10. To fall within the hearsay rule, the testimony must be offered to prove the a. credibility of the witness b. truth of the matter asserted in the statement c. the credibility of the declarant d. unavailability of the declarant e. none of the above

 

 

 

TRUE AND FALSE 1-15 (30 points)

 

_____1. The Fourth Amendment applies to private persons acting without any government

involvement

_____2. The exclusionary rule can apply to evidence obtained in violation of the 6^th

Amendment right to counsel

__ 3. The law of hearsay evidence and its exceptions is relatively simple.

_____4. The general rule is that hearsay evidence is not admissible

_____5. There is a hearsay exception for learned treaties that are established reliable sources

 

_____6. If improper police conduct is failure to give a Miranda warning, the courts always

applies the poisonous tree doctrine and suppresses the evidence obtained

 

_____7. Documents may only be authenticated only be direct evidence

_____8. A written document can not be hearsay evidence.

 

_____9. Janet, Liberty’s friend who is a homemaker, questions Liberty about her involvement

in a murder. Liberty confesses that she killed their friend Independence. The

confession should be suppressed because Miranda was not given.

 

_____10. The common law did not recognize dying declarations as an exception to the hearsay

rule.

____ 11. A copy of a document is never admissible only the original is.

.

____12. Court orders for wiretapping and electronic eavesdropping are generally not required if

one party to the conversation consents

 

____13. The fruit of the poisonous tree doctrine does not apply to physical evidence

_____14. In general, suspects do have a right to privacy for their conversations that take place in

police cars or jails.

_____15. Consent is always necessary for entry even if police are acting in emergency

Situations

 

 

FILL-IN 1-10 (15 points)

 

1. In the definition of hearsay, the ___________________ is the person who originally made the statement.

2. Denial of _________________can result in abandonment

3. The rule against hearsay and the _______________________ confrontation clause address similar problems

4. Two requirements for a consent search are that the person consenting has the ____________and that consent was given 5. ___________________.

 

 

 

 

Short Essay (15 points)

What are the exceptions to obtaining a search warrant (list and explain)

 

 

 

 

 

 

 

 

 

Short Essay (10 points)

 

What is the poisonous fruit doctrine , give some examples