Question 1

Evidence that may be favorable to the defendant at trial by tending to cast doubt on the defendant's guilt is called:

Accepted Answer

A)  error-prone evidence 
B)  circumstantial evidence 
C)  exculpatory evidence 
D)  impeachment material 
A)  error-prone evidence 
B)  circumstantial evidence 
C)  exculpatory evidence 
D)  impeachment material C

Question 2

Information not contained in the body of the complaint,or that comes from witnesses other than the complainant,may be brought to the court's attention in the form of a(n)__________.

Accepted Answer

affidavit

Question 3

The exclusionary rule applies to all errors stemming from police negligence in maintaining warrant databases.

Accepted Answer

A) True 
 B)False  False

Question 4

The purpose of the grand jury is to reach a verdict in a criminal case.

Accepted Answer

A) True 
 B)False

Question 5

The main purpose of the arraignment is to

Accepted Answer

A)  indict the defendant. 
B)  accept a plea from the accused. 
C)  set bail for the accused. 
D)  determine probable cause. 
A)  indict the defendant. 
B)  accept a plea from the accused. 
C)  set bail for the accused. 
D)  determine probable cause.

Question 6

Explain the difference between venue and jurisdiction.

Accepted Answer

Venue and jurisdiction are two legal con

Question 7

The only document on the following list which is not based on probable cause is

Accepted Answer

A)  indictment. 
B)  prosecutor's information. 
C)  a true bill. 
D)  a subpoena. 
A)  indictment. 
B)  prosecutor's information. 
C)  a true bill. 
D)  a subpoena.

Question 8

Criminal process against a felony defendant begins formally with the filing of a ___________.

Accepted Answer

The answer of Criminal process against a felony defendant begins...

Question 9

At which proceeding is the defendant's plea requested?

Accepted Answer

A)  indictment 
B)  preliminary hearing 
C)  initial appearance 
D)  arraignment 
A)  indictment 
B)  preliminary hearing 
C)  initial appearance 
D)  arraignment

Question 10

Competency to stand trial can be raised at any point in the criminal process,even after a conviction.

Accepted Answer

A) True 
 B)False

Question 11

What is derivative evidence? Provide an example.

Accepted Answer

Derivative evidence, also known as "frui

Question 12

Which of the following best describes the "inevitable discovery" exception to the exclusionary rule?

Accepted Answer

A)  If the government can show that the discovery of the evidence by lawful means was inevitable, the evidence will be admissible, even though it was initially discovered unconstitutionally. 
B)  If the defense can show that the evidence was obtained in violation of the Constitution, that evidence is not admissible, even though the contested evidence would have been discovered by lawful means in the absence of police misconduct. 
C)  The exclusionary rule does not apply if the officer made an illegal search but later obtained a search warrant that particularly described the evidence seized. 
D)  If the inevitable discovery exception is to apply as an exception to the exclusionary rule, the government must show beyond a reasonable doubt that the contested evidence would have been discovered by lawful means. 
A)  If the government can show that the discovery of the evidence by lawful means was inevitable, the evidence will be admissible, even though it was initially discovered unconstitutionally. 
B)  If the defense can show that the evidence was obtained in violation of the Constitution, that evidence is not admissible, even though the contested evidence would have been discovered by lawful means in the absence of police misconduct. 
C)  The exclusionary rule does not apply if the officer made an illegal search but later obtained a search warrant that particularly described the evidence seized. 
D)  If the inevitable discovery exception is to apply as an exception to the exclusionary rule, the government must show beyond a reasonable doubt that the contested evidence would have been discovered by lawful means.

Question 13

The prosecutor's failure to disclose evidence which would show the defendant to be not guilty is a violation of the ________.

Accepted Answer

The answer of The prosecutor's failure to disclose evidence which...

Question 14

What does the notion of "new federalism" mean? Provide an example of "new federalism" in action.

Accepted Answer

The notion of "new federalism" refers to

Question 15

Police with probable cause to believe that a warehouse contains marijuana unlawfully enter the warehouse and observe marijuana.The officers leave and obtain a search warrant using their original probable cause,not their unlawful observations.The best chance for the prosecutor to have the evidence be admissible would be under

Accepted Answer

A)  the attenuation exception. 
B)  the independent source exception. 
C)  the inevitable discovery exception. 
D)  the good faith exception. 
A)  the attenuation exception. 
B)  the independent source exception. 
C)  the inevitable discovery exception. 
D)  the good faith exception.

Question 16

A court's authority to hold a trial is

Accepted Answer

A)  venire. 
B)  original jurisdiction. 
C)  appellate jurisdiction. 
D)  venue. 
A)  venire. 
B)  original jurisdiction. 
C)  appellate jurisdiction. 
D)  venue.

Question 17

DNA evidence is in all instances direct evidence.
.

Accepted Answer

A) True 
 B)False

Question 18

The exclusionary rule

Accepted Answer

A)  requires exclusion of tainted evidence even if it is relevant. 
B)  requires that the state not prosecute an individual whose constitutional rights have been violated by police. 
C)  excludes testimony by a defendant whose constitutional rights have been violated by police. 
D)  has always applied to both state and federal criminal proceedings. 
A)  requires exclusion of tainted evidence even if it is relevant. 
B)  requires that the state not prosecute an individual whose constitutional rights have been violated by police. 
C)  excludes testimony by a defendant whose constitutional rights have been violated by police. 
D)  has always applied to both state and federal criminal proceedings.

Question 19

________________ occurs when a prosecutor increases the number or severity of charges to penalize a defendant who exercises constitutional or statutory rights.

Accepted Answer

A)  Vindictive prosecution 
B)  Selective prosecution 
C)  A violation of civil rights 
D)  Malicious prosecution 
A)  Vindictive prosecution 
B)  Selective prosecution 
C)  A violation of civil rights 
D)  Malicious prosecution

Question 20

To challenge the admissibility of evidence and potentially have evidence excluded at trial,a defendant must first have _________-the ability to raise a legal claim.

Accepted Answer

The answer of To challenge the admissibility of evidence and...

Evidence that may be favorable to the defendant at trial by tending to cast doubt on the defendant's guilt is called:

Information not contained in the body of the complaint,or that comes from witnesses other than the complainant,may be brought to the court's attention in the form of a(n)__________.

The exclusionary rule applies to all errors stemming from police negligence in maintaining warrant databases.

The purpose of the grand jury is to reach a verdict in a criminal case.

The main purpose of the arraignment is to

Explain the difference between venue and jurisdiction.

The only document on the following list which is not based on probable cause is

Criminal process against a felony defendant begins formally with the filing of a ___________.

At which proceeding is the defendant's plea requested?

Competency to stand trial can be raised at any point in the criminal process,even after a conviction.

What is derivative evidence? Provide an example.

Which of the following best describes the "inevitable discovery" exception to the exclusionary rule?

The prosecutor's failure to disclose evidence which would show the defendant to be not guilty is a violation of the ________.

What does the notion of "new federalism" mean? Provide an example of "new federalism" in action.

A court's authority to hold a trial is

DNA evidence is in all instances direct evidence. .

The exclusionary rule

________________ occurs when a prosecutor increases the number or severity of charges to penalize a defendant who exercises constitutional or statutory rights.

To challenge the admissibility of evidence and potentially have evidence excluded at trial,a defendant must first have _________-the ability to raise a legal claim.

Individual Rights Under the United States Constitution

Basic Underlying Concepts: Privacy, Probable Cause, and Reasonableness

Criminal Investigatory Search Warrants

Searches for Electronically Stored Information and Electronic Surveillance

Administrative and Special Needs Searches

Arrests, Searches Incident to Arrest, and Protective Sweeps

Stops and Frisks

Consent Searches

The Plain View Doctrine

Search and Seizure of Vehicles and Containers

Open Fields and Abandoned Property

Interrogations, Admissions, and Confessions

Pretrial Visual Identification Procedures

Criminal Trials, Appeals, and Other Post-Conviction Remedies

Filters

Exam 2: Criminal Courts,Pretrial Processes,and the Exclusionary Rule

Evidence that may be favorable to the defendant at trial by tending to cast doubt on the defendant's guilt is called:

Information not contained in the body of the complaint,or that comes from witnesses other than the complainant,may be brought to the court's attention in the form of a(n)__________.

The exclusionary rule applies to all errors stemming from police negligence in maintaining warrant databases.

The purpose of the grand jury is to reach a verdict in a criminal case.

The main purpose of the arraignment is to

Explain the difference between venue and jurisdiction.

The only document on the following list which is not based on probable cause is

Criminal process against a felony defendant begins formally with the filing of a ___________.

At which proceeding is the defendant's plea requested?

Competency to stand trial can be raised at any point in the criminal process,even after a conviction.

What is derivative evidence? Provide an example.

Which of the following best describes the "inevitable discovery" exception to the exclusionary rule?

The prosecutor's failure to disclose evidence which would show the defendant to be not guilty is a violation of the ________.

What does the notion of "new federalism" mean? Provide an example of "new federalism" in action.

A court's authority to hold a trial is

DNA evidence is in all instances direct evidence. .

The exclusionary rule

________________ occurs when a prosecutor increases the number or severity of charges to penalize a defendant who exercises constitutional or statutory rights.

To challenge the admissibility of evidence and potentially have evidence excluded at trial,a defendant must first have _________-the ability to raise a legal claim.

Individual Rights Under the United States Constitution

Basic Underlying Concepts: Privacy, Probable Cause, and Reasonableness

Criminal Investigatory Search Warrants

Searches for Electronically Stored Information and Electronic Surveillance

Administrative and Special Needs Searches

Arrests, Searches Incident to Arrest, and Protective Sweeps

Stops and Frisks

Consent Searches

The Plain View Doctrine

Search and Seizure of Vehicles and Containers

Open Fields and Abandoned Property

Interrogations, Admissions, and Confessions

Pretrial Visual Identification Procedures

Criminal Trials, Appeals, and Other Post-Conviction Remedies

Filters