Exam 10: The Exclusionary Rule and Entrapment

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Evidence unlawfully obtained from a defendant can be used to impeach testimony given by a defense witness.

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The text lists a series of arguments both for and against the exclusionary rule. List three arguments from each side (from within or outside the text) and explain the rationale behind each. Which side do you feel has a stronger argument? Why?

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Students may list constitutional rights/deterrence/judicial integrity/social cost AND constitution/judicial integrity/truth seeking/penalizing victims/lack of flexibility/limited application.

Which case established the precedent that evidence obtained as a result of an invalid warrant is admissible at trial if the police reasonably believed the warrant to be valid?

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Which of the following is true regarding any evidence seized as a result of unconstitutionally seized evidence is inadmissible at trial?

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The practice of federal agents using evidence in court that was unreasonably obtained by state police was known as the _____.

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What is the standard of proof required for the prosecution to show inevitable discovery?

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The U.S. Supreme Court has ruled that police may assume legislation to be constitutional unless there is probable cause to believe it is unconstitutional.

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Evidence obtained by police forcing a suspect to vomit up swallowed evidence was ruled inadmissible at trial because the actions taken by police were said to have "_____ and violated the Due Process Clause of the Fourth Amendment."

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Before the creation of the exclusionary rule, which of the following was true?

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As a general rule, defendants must challenge the admissibility of evidence as a pretrial motion to be allowed to appeal a conviction based on that evidence being allowed at trial.

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According to past rulings by the U.S. Supreme Court, which of the following individuals has a reasonable (objective and subjective) expectation of privacy?

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Any evidence that is discovered as a result of other any other evidence is known as _____.

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In Weeks v. United States, the U.S. Supreme Court held that _____.

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What is a collateral proceeding, and how does it relate to the exclusionary rule?

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Evidence obtained resulting from an unlawful search may be used if it can be shown more likely than not that the police would have eventually discovered the evidence in a similar condition by means of the _____ rule.

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Which is the leading case in regard to the independent-source exception to the exclusionary rule?

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Which test for entrapment focuses on the actions of the police?

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A defendant who argues entrapment and acknowledges his/her actions yet attempts to excuse them is known as presenting a/an _____ defense.

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In which amendment did the U.S. Supreme Court incorporate the exclusionary rule to the states?

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A majority of states follow which test for entrapment?

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