Question 1

In the 1925 case, Agnello v. United States, the Supreme Court:

Accepted Answer

A)  declared that the exclusionary rule only protected private papers. 
B)  applied the exclusionary rule to the states. 
C)  declared that the exclusionary rule only applied when the illegal police conduct was extremely egregious. 
D)  declared that the exclusionary rule applied to contraband. 
A)  declared that the exclusionary rule only protected private papers. 
B)  applied the exclusionary rule to the states. 
C)  declared that the exclusionary rule only applied when the illegal police conduct was extremely egregious. 
D)  declared that the exclusionary rule applied to contraband. D

Question 2

Evidence derived from illegally obtained evidence is called ________________.

Accepted Answer

fruit of the poisonous tree

Question 3

Is there a constitutional right to the exclusionary rule and the defense of entrapment? Explain your answer.

Accepted Answer

There is no constitutional right either to the exclusionary rule or to the defense of entrapment.
The exclusionary rule is considered a judicially created remedy designed to deter police officers from violating constitutional rights.
The defense of entrapment is created either by statutes or courts. It's an affirmative defense, which requires defendants to introduce some evidence to show they were entrapped, after which the burden shifts to the government to prove that the defendants were not entrapped.

Question 4

Which doctrine holds that illegally seized evidence can be introduced a trial if the officials' law breaking behavior did not cause the seizure of the evidence?

Accepted Answer

A)  the attenuation exception 
B)  the independent source exception 
C)  the inevitable discovery exception 
D)  the fruit of the poisonous tree exception 
A)  the attenuation exception 
B)  the independent source exception 
C)  the inevitable discovery exception 
D)  the fruit of the poisonous tree exception

Question 5

Describe and explain the U.S. Supreme Court's attitude toward the defense of entrapment throughout most of our history.

Accepted Answer

For most of our history, U.S. courts did

Question 6

The need for the government to encourage criminal conduct arises because:

Accepted Answer

A)  it is easier for the police than traditional criminal investigation. 
B)  the public demands it. 
C)  of the lack of police resources. 
D)  of police difficulty in detecting crimes with non-complaining victims. 
A)  it is easier for the police than traditional criminal investigation. 
B)  the public demands it. 
C)  of the lack of police resources. 
D)  of police difficulty in detecting crimes with non-complaining victims.

Question 7

The rationale used to justify the exclusionary rule that is based on the notion that excluding evidence obtained in violation of the constitution prevents illegal law enforcement is the rationale.

Accepted Answer

The answer of The rationale used to justify the exclusionary...

Question 8

The exception to the exclusionary rule which allows the admission of evidence if the police reasonably and honestly relied on a search warrant valid on its face but defective in fact is the _____________________.

Accepted Answer

reasonable

Question 9

With respect to the exclusionary rule, the Constitution specifically includes it in the Fourth Amendment.

Accepted Answer

A) True 
 B)False

Question 10

In Weeks v. U.S., a 1914 case involving the illegal entry and search of a home, the Supreme Court:
I. reversed Week's conviction.
II. made the U.S. unique in excluding good evidence from court because of the manner in which it was seized.
III. applied the exclusionary to both federal and state law enforcement.
IV. applied the exclusionary only to gambling cases.

Accepted Answer

A)  I, II, III, IV 
B)  I, II, IV 
C)  I, II 
D)  I 
A)  I, II, III, IV 
B)  I, II, IV 
C)  I, II 
D)  I

Question 11

For which type of crime is the outcome most commonly affected by the exclusionary rule?

Accepted Answer

A)  murder 
B)  drug dealing 
C)  robbery 
D)  theft 
A)  murder 
B)  drug dealing 
C)  robbery 
D)  theft

Question 12

Which of the following are mechanisms used to enforce constitutional standards?
I. exclusion of illegally obtained evidence
II. legal actions against individual officers such as criminal prosecution
III. civil actions against the heads of criminal justice agencies
IV. disciplinary action by the police agency against the individual officer

Accepted Answer

A)  I, II, III, IV 
B)  I, III 
C)  II, III, IV 
D)  I 
A)  I, II, III, IV 
B)  I, III 
C)  II, III, IV 
D)  I

Question 13

Empirical research on the exclusionary rule suggests that:
I. the social cost of the rule is as high as the Supreme Court claims.
II. the social cost of the rule may be overstated.
III. the deterrent effect of the rule may be understated.
IV. the rule has no deterrent effect.

Accepted Answer

A)  I, IV 
B)  II, III 
C)  I 
D)  IV 
A)  I, IV 
B)  II, III 
C)  I 
D)  IV

Question 14

In using deterrence as the justification for excluding valid evidence, the Court weighs:

Accepted Answer

A)  the evidence of guilt against nature of the constitutional violation. 
B)  the social costs against the deterrent effect. 
C)  the honesty of the courts 
D)  the fact that there is not right without a remedy 
A)  the evidence of guilt against nature of the constitutional violation. 
B)  the social costs against the deterrent effect. 
C)  the honesty of the courts 
D)  the fact that there is not right without a remedy

Question 15

The objective test for entrapment:
I. focuses on the defendant's predisposition.
II. is constitutionally required.
III. focuses on the actions of the government to get someone to commit a criminal act.
IV. is aimed at deterring unsavory police methods.

Accepted Answer

A)  II 
B)  I, IV 
C)  II, IV 
D)  III, IV 
A)  II 
B)  I, IV 
C)  II, IV 
D)  III, IV

Question 16

Which doctrine holds that illegally seized evidence can be introduced at trial if the poisonous connection between the illegal police actions and the evidence weakens sufficiently?

Accepted Answer

A)  the attenuation exception 
B)  the independent source exception 
C)  the inevitable discovery exception 
D)  the fruit of the poisonous tree exception 
A)  the attenuation exception 
B)  the independent source exception 
C)  the inevitable discovery exception 
D)  the fruit of the poisonous tree exception

Question 17

The minority view on entrapment in the United States focuses on the nature of the government conduct.

Accepted Answer

A) True 
 B)False

Question 18

Until the twentieth century, the exclusive remedy for constitutional violations was private lawsuits against governmental officials.

Accepted Answer

A) True 
 B)False

Question 19

The use of active encouragement requires law enforcement officers to do such things as:
I. develop personal relationships with targets.
II. make repeated requests to commit a crime.
III. appeal personally to targets.
IV. supply contraband to their target.

Accepted Answer

A)  I, II, III, IV 
B)  I, II, III 
C)  II, III 
D)  II 
A)  I, II, III, IV 
B)  I, II, III 
C)  II, III 
D)  II

Question 20

The dissent in Herring v. U.S. (2009) argued that the exclusionary rule should apply to a search conducted pursuant to an arrest warrant that was later discovered to have been recalled months earlier because:

Accepted Answer

A)  there was reason to believe that the arresting officer who conducted the search should have investigated whether the warrant was recalled 
B)  the officer did not honestly believe he was acting in good faith 
C)  negligent bookkeeping mistakes by law enforcement threaten individual liberty and can be deterred by the exclusionary rule 
D)  probable cause was required to conduct the search 
A)  there was reason to believe that the arresting officer who conducted the search should have investigated whether the warrant was recalled 
B)  the officer did not honestly believe he was acting in good faith 
C)  negligent bookkeeping mistakes by law enforcement threaten individual liberty and can be deterred by the exclusionary rule 
D)  probable cause was required to conduct the search

In the 1925 case, Agnello v. United States, the Supreme Court:

Evidence derived from illegally obtained evidence is called ________________.

Is there a constitutional right to the exclusionary rule and the defense of entrapment? Explain your answer.

Which doctrine holds that illegally seized evidence can be introduced a trial if the officials' law breaking behavior did not cause the seizure of the evidence?

Describe and explain the U.S. Supreme Court's attitude toward the defense of entrapment throughout most of our history.

The need for the government to encourage criminal conduct arises because:

The rationale used to justify the exclusionary rule that is based on the notion that excluding evidence obtained in violation of the constitution prevents illegal law enforcement is the rationale.

The exception to the exclusionary rule which allows the admission of evidence if the police reasonably and honestly relied on a search warrant valid on its face but defective in fact is the _____________________.

With respect to the exclusionary rule, the Constitution specifically includes it in the Fourth Amendment.

For which type of crime is the outcome most commonly affected by the exclusionary rule?

Empirical research on the exclusionary rule suggests that: I. the social cost of the rule is as high as the Supreme Court claims. II. the social cost of the rule may be overstated. III. the deterrent effect of the rule may be understated. IV. the rule has no deterrent effect.

In using deterrence as the justification for excluding valid evidence, the Court weighs:

The objective test for entrapment: I. focuses on the defendant's predisposition. II. is constitutionally required. III. focuses on the actions of the government to get someone to commit a criminal act. IV. is aimed at deterring unsavory police methods.

Which doctrine holds that illegally seized evidence can be introduced at trial if the poisonous connection between the illegal police actions and the evidence weakens sufficiently?

The minority view on entrapment in the United States focuses on the nature of the government conduct.

Until the twentieth century, the exclusive remedy for constitutional violations was private lawsuits against governmental officials.

The use of active encouragement requires law enforcement officers to do such things as: I. develop personal relationships with targets. II. make repeated requests to commit a crime. III. appeal personally to targets. IV. supply contraband to their target.

The dissent in Herring v. U.S. (2009) argued that the exclusionary rule should apply to a search conducted pursuant to an arrest warrant that was later discovered to have been recalled months earlier because:

The Court System, Sources of Rights, and Fundamental Principles

Overview of the Criminal Justice Process

Probable Cause and Reasonable Suspicion

The Exclusionary Rule

Stop and Frisk and Stationhouse Detention

Arrests and Use of Force

Searches and Seizures of Things

Motor Vehicle Stops, Searches, and Inventories

Plain View, Open Fields, Abandonment, and Border Searches

Confessions and Admissions: Miranda V Arizona

Basic Constitutional Rights of the Accused During Trial

Sentencing, the Death Penalty, and Other Forms of Punishment

Legal Liabilities of Law Enforcement Officers

Electronic Surveillance and the War on Terror

Filters

Exam 10: Lineups and Other Means of Pretrial Identification

In the 1925 case, Agnello v. United States, the Supreme Court:

Evidence derived from illegally obtained evidence is called ________________.

Is there a constitutional right to the exclusionary rule and the defense of entrapment? Explain your answer.

Which doctrine holds that illegally seized evidence can be introduced a trial if the officials' law breaking behavior did not cause the seizure of the evidence?

Describe and explain the U.S. Supreme Court's attitude toward the defense of entrapment throughout most of our history.

The need for the government to encourage criminal conduct arises because:

The rationale used to justify the exclusionary rule that is based on the notion that excluding evidence obtained in violation of the constitution prevents illegal law enforcement is the rationale.

The exception to the exclusionary rule which allows the admission of evidence if the police reasonably and honestly relied on a search warrant valid on its face but defective in fact is the _____________________.

With respect to the exclusionary rule, the Constitution specifically includes it in the Fourth Amendment.

For which type of crime is the outcome most commonly affected by the exclusionary rule?

Empirical research on the exclusionary rule suggests that: I. the social cost of the rule is as high as the Supreme Court claims. II. the social cost of the rule may be overstated. III. the deterrent effect of the rule may be understated. IV. the rule has no deterrent effect.

In using deterrence as the justification for excluding valid evidence, the Court weighs:

The objective test for entrapment: I. focuses on the defendant's predisposition. II. is constitutionally required. III. focuses on the actions of the government to get someone to commit a criminal act. IV. is aimed at deterring unsavory police methods.

Which doctrine holds that illegally seized evidence can be introduced at trial if the poisonous connection between the illegal police actions and the evidence weakens sufficiently?

The minority view on entrapment in the United States focuses on the nature of the government conduct.

Until the twentieth century, the exclusive remedy for constitutional violations was private lawsuits against governmental officials.

The use of active encouragement requires law enforcement officers to do such things as: I. develop personal relationships with targets. II. make repeated requests to commit a crime. III. appeal personally to targets. IV. supply contraband to their target.

The dissent in Herring v. U.S. (2009) argued that the exclusionary rule should apply to a search conducted pursuant to an arrest warrant that was later discovered to have been recalled months earlier because:

The Court System, Sources of Rights, and Fundamental Principles

Overview of the Criminal Justice Process

Probable Cause and Reasonable Suspicion

The Exclusionary Rule

Stop and Frisk and Stationhouse Detention

Arrests and Use of Force

Searches and Seizures of Things

Motor Vehicle Stops, Searches, and Inventories

Plain View, Open Fields, Abandonment, and Border Searches

Confessions and Admissions: Miranda V Arizona

Basic Constitutional Rights of the Accused During Trial

Sentencing, the Death Penalty, and Other Forms of Punishment

Legal Liabilities of Law Enforcement Officers

Electronic Surveillance and the War on Terror

Filters