Exam 10: The Exclusionary Rule and Entrapment

Research conducted by Thomas Davies indicates that _____ of all felony arrests are either not prosecuted or result in nonconvictions at trial due to loss of evidence from the exclusionary rule.

Historically, some jurisdictions have allowed civilians to sit on a board of review of police conduct to investigate cases of suspected abuse of authority, with the power to enact disciplinary action if necessary.

The U.S. Supreme Court established the aptly named "shocks the conscience" standard in which case?

Evidence that is obtained as a derivation of other evidence that was obtained unconstitutionally is known as _____.

Explain the entrapment defense. How is this an "affirmative" defense? What is the danger inherent in posing such a defense? Give a hypothetical scenario in which a defendant might attempt to argue entrapment but would be unsuccessful. Explain the defendant's failure to argue this defense.

In the wake of Mapp v. Ohio, the exclusionary rule was applicable to which of the following?

Evidence seized following a failure to follow the knock-and-announce rule is disallowed at trial via the exclusionary rule.

The federal courts follow which test for entrapment?

In order to determine whether the good-faith exception should apply in a given situation, the U.S. Supreme Court has stated that courts should pose the question "_____."

Unlawfully seized evidence can be used in all but which of the following?

If there has been a significant period of time between the constitutional violation and the subsequent seizure of evidence, the connection is said to be _____.

One of the many exceptions to the exclusionary rule is to so-called "good faith" exception. Explain this exception, why the Court allows it, and how it has been used in the past. What are some of the criticisms of this exception? Do you believe these are valid? Why or why not?

What is the difference between the subjective and objective tests for entrapment? Under which test is a defendant more likely to prevail?

Under Sherman and Sorrells, what practices are likely prohibited under the objective test for entrapment?

Most states follow the objective test for entrapment.