Exam 4: Evidentiary Issues in Prosecution

After Carl's arrest,his appointed counsel informs him that the police want to stage a live,physical lineup.Carl is brought to a room where there is a one-way mirror and several other people who look more or less like Carl.However,just before the lineup,Carl's attorney is prevented from attending.The victim positively identifies Carl as the attacker.Will this identification be admitted at trial?

During his interrogation,police offer to speak with the judge and tell the judge that Carl was cooperative.Carl subsequently confesses.The statement is unconstitutional.

During his interrogation,the police lie to Carl,telling him that his fingerprints were found at the scene.This is a permissible tactic.

What are the sanctions for an improper lineup?

During his interrogation,police threaten Carl with being locked up without food and water until he confesses.Carl confesses.The confession was obtained unconstitutionally.

A judge rules that certain evidence is "admissible." What does this mean?

Carl decides to give a voluntary statement to the police.No one reads him his Miranda rights.Carl's statement can be admitted at trial.

What is the primary difference between direct and circumstantial evidence?

During his interrogation,police promise Carl that if he confesses to committing the crime,the judge will only give him probation and a fine.Carl confesses.This confession was obtained unconstitutionally.

During his interrogation,Carl asks to speak with his lawyer.The police can continue to question him.

A suspect's skin and blood are discovered at the scene of the crime.The DNA is run through the FBI's DNA database and a positive match results,showing that the tissue belongs to Carl Doe.Will this evidence be admissible at trial?

What is "chain of custody"?

Carl is arrested,but no one reads him his Miranda rights.His arrest is illegal and he will be set free.

Who has the final say on the weight to be given any particular piece of evidence?

Miranda rights are a requirement imposed by federal statutes.

During Carl's interrogation,he takes a polygraph test.The results of the test indicate deception.Will the jury be permitted to view these results?

What are "foundation questions"?

In order to fool Carl,the police have him sign a document that purports to be a "Release of Suspect's Property," when in fact it is a consent to search form.This is a permissible tactic.

Carl is stopped on the street,handcuffed,and then taken back to a waiting patrol car.The officer shoves Carl's face against the glass window and asks the person in the back seat,"Is this the man who attacked you?" The witness says yes and Carl is arrested.Is this identification admissible at trial?