Question 1

There is a hearsay exception for business, government, and religious records as long as the records are

Accepted Answer

A) over ten years old. 
B) handwritten. 
C) regularly kept. 
D) not stored on computers. 
A) over ten years old. 
B) handwritten. 
C) regularly kept. 
D) not stored on computers.

Question 2

Although statements by a patient to a physician for treatment or diagnosis may be privileged, there is no hearsay exception for such statements.

Accepted Answer

A) True 
 B)False

Question 3

Hearsay rules have been relaxed for children for several purposes.Discuss the factors that relate to the reliability of children's statements.Do you believe there are victims, besides the children, because of the exceptions in child abuse cases? Why or why not? What might be the pitfalls of this exception? (LO5, 174-175)

Accepted Answer

Out-of-court statements by children repo

Question 4

Traditionally, hearsay exceptions have been allowed only when the statement has some indicia of _____________.

Accepted Answer

The answer of Traditionally, hearsay exceptions have been allowed only...

Question 5

Prior to Crawford v.Washington, if a form of statement was traditionally recognized as an exception to the hearsay rule it was also recognized as an exception to the

Accepted Answer

A) Confrontation Clause. 
B) right to counsel. 
C) privilege against self-incrimination. 
D) right to notice of the charges. 
A) Confrontation Clause. 
B) right to counsel. 
C) privilege against self-incrimination. 
D) right to notice of the charges.

Question 6

For "testimonial" statements, Washington v.Crawford

Accepted Answer

A) aligns the hearsay rule and the Confrontation Clause. 
B) creates divergence between hearsay exception and the Confrontation Clause. 
C) changes nothing about the traditional relationship between the confrontation clause and hearsay exceptions. 
D) will have no impact on hearsay exceptions in state evidence codes. 
A) aligns the hearsay rule and the Confrontation Clause. 
B) creates divergence between hearsay exception and the Confrontation Clause. 
C) changes nothing about the traditional relationship between the confrontation clause and hearsay exceptions. 
D) will have no impact on hearsay exceptions in state evidence codes.

Question 7

Under the "forfeiture by wrongdoing" rule, a defendant who deliberately makes a witness unavailable waives

Accepted Answer

A) the right to object to hearsay with regard to that witness. 
B) the privilege against self-incrimination. 
C) the right to cross-examine any witness who presents hearsay about the unavailable witness. 
D) the right to challenge the competence of any witness who presents hearsay about the unavailable witness. 
A) the right to object to hearsay with regard to that witness. 
B) the privilege against self-incrimination. 
C) the right to cross-examine any witness who presents hearsay about the unavailable witness. 
D) the right to challenge the competence of any witness who presents hearsay about the unavailable witness.

Question 8

Some states still have a "fresh complaint" exception to the hearsay rule.

Accepted Answer

A) True 
 B)False

Question 9

The hearsay exceptions, reliable or not, can no longer be used as a _________for cross-examination under the Confrontation Clause for "testimonial" statements.

Accepted Answer

A) substitute 
B) limitation 
C) modifier 
D) presumptive exclusion 
A) substitute 
B) limitation 
C) modifier 
D) presumptive exclusion

Question 10

The Confrontation Clause requires that states create exceptions to the hearsay rule.

Accepted Answer

A) True 
 B)False

Question 11

The common law hearsay rule and exceptions were initially created to comply with Confrontation Clause requirements.

Accepted Answer

A) True 
 B)False

Question 12

Most jurisdictions and the federal government require a showing that the declarant is unavailable to trigger at least some hearsay exceptions.

Accepted Answer

A) True 
 B)False

Question 13

With regard to testimonial hearsay, the U.S.Supreme Court overruled Ohio v.Roberts in

Accepted Answer

A) U.S.v.Inadi. 
B) Pointer v.Texas. 
C) Crawford v.Washington. 
D) Minnesota v.Murphy. 
A) U.S.v.Inadi. 
B) Pointer v.Texas. 
C) Crawford v.Washington. 
D) Minnesota v.Murphy.

Question 14

Describe the "Excited Utterance Exception" and the reason for the exception to non-testimonial evidence.

Accepted Answer

An excited utterance is a statement rela

Question 15

What are the concerns common to both the hearsay rule and the confrontation clause? Be sure to provide examples.

Accepted Answer

The policy behind the Confrontation Clau

Question 16

There is a hearsay exception for dying _____________.

Accepted Answer

The answer of There is a hearsay exception for dying...

Question 17

Under Federal rules, testimony about statements made by a person to show that the person was mentally ill

Accepted Answer

A) are hearsay. 
B) are not hearsay. 
C) are hearsay but are admissible because of their indicia of reliability. 
D) are excludable under Ohio v.Roberts. 
A) are hearsay. 
B) are not hearsay. 
C) are hearsay but are admissible because of their indicia of reliability. 
D) are excludable under Ohio v.Roberts.

Question 18

There were no rules about hearsay under the common law.

Accepted Answer

A) True 
 B)False

Question 19

Crawford v.Washington is a decision which protects

Accepted Answer

A) defendants. 
B) the government. 
C) each side equally. 
D) only factually guilty defendants. 
A) defendants. 
B) the government. 
C) each side equally. 
D) only factually guilty defendants.

Question 20

In 2004, the U.S.Supreme Court decision in ____________ v.Washington made major changes in the law of hearsay and the confrontation clause.

Accepted Answer

The answer of In 2004, the U.S.Supreme Court decision in...

There is a hearsay exception for business, government, and religious records as long as the records are

Although statements by a patient to a physician for treatment or diagnosis may be privileged, there is no hearsay exception for such statements.

Traditionally, hearsay exceptions have been allowed only when the statement has some indicia of _____________.

Prior to Crawford v.Washington, if a form of statement was traditionally recognized as an exception to the hearsay rule it was also recognized as an exception to the

For "testimonial" statements, Washington v.Crawford

Under the "forfeiture by wrongdoing" rule, a defendant who deliberately makes a witness unavailable waives

Some states still have a "fresh complaint" exception to the hearsay rule.

The hearsay exceptions, reliable or not, can no longer be used as a _________for cross-examination under the Confrontation Clause for "testimonial" statements.

The Confrontation Clause requires that states create exceptions to the hearsay rule.

The common law hearsay rule and exceptions were initially created to comply with Confrontation Clause requirements.

Most jurisdictions and the federal government require a showing that the declarant is unavailable to trigger at least some hearsay exceptions.

With regard to testimonial hearsay, the U.S.Supreme Court overruled Ohio v.Roberts in

Describe the "Excited Utterance Exception" and the reason for the exception to non-testimonial evidence.

What are the concerns common to both the hearsay rule and the confrontation clause? Be sure to provide examples.

There is a hearsay exception for dying _____________.

Under Federal rules, testimony about statements made by a person to show that the person was mentally ill

There were no rules about hearsay under the common law.

Crawford v.Washington is a decision which protects

In 2004, the U.S.Supreme Court decision in ____________ v.Washington made major changes in the law of hearsay and the confrontation clause.

History and Development of the Law of Criminal Justice

Important Aspects of the American Criminal Justice System

Using Evidence to Determine Guilt or Innocence

Direct and Circumstantial Evidence and the Use of Inferences

Witnesses and the Testimony of Witnesses

Judicial Notice, Privileges of Witnesses, and Shield Laws

The Use of Hearsay in the Courtroom

The Exclusionary Rule

Where the Exclusionary Rule Does Not Apply

Special Needs and Administrative Searches

Obtaining Statements and Confessions for Use As Evidence

The Law Governing Identification Evidence

Obtaining Physical and Other Evidence

Obtaining Evidence From Computers or by Use of Search Warrants, Wiretapping, or Dogs Trained to Indicate an Alert

The Crime Scene, The Chain of Custody Requirement, and the Use of Fingerprints and Trace Evidence

Videotapes, Photographs, Documents, and Writings As Evidence

Scientific Evidence

Filters

Exam 8: The Confrontation Clause and Exceptions to the Hearsay Rule

There is a hearsay exception for business, government, and religious records as long as the records are

Although statements by a patient to a physician for treatment or diagnosis may be privileged, there is no hearsay exception for such statements.

Traditionally, hearsay exceptions have been allowed only when the statement has some indicia of _____________.

Prior to Crawford v.Washington, if a form of statement was traditionally recognized as an exception to the hearsay rule it was also recognized as an exception to the

For "testimonial" statements, Washington v.Crawford

Under the "forfeiture by wrongdoing" rule, a defendant who deliberately makes a witness unavailable waives

Some states still have a "fresh complaint" exception to the hearsay rule.

The hearsay exceptions, reliable or not, can no longer be used as a _________for cross-examination under the Confrontation Clause for "testimonial" statements.

The Confrontation Clause requires that states create exceptions to the hearsay rule.

The common law hearsay rule and exceptions were initially created to comply with Confrontation Clause requirements.

Most jurisdictions and the federal government require a showing that the declarant is unavailable to trigger at least some hearsay exceptions.

With regard to testimonial hearsay, the U.S.Supreme Court overruled Ohio v.Roberts in

Describe the "Excited Utterance Exception" and the reason for the exception to non-testimonial evidence.

What are the concerns common to both the hearsay rule and the confrontation clause? Be sure to provide examples.

There is a hearsay exception for dying _____________.

Under Federal rules, testimony about statements made by a person to show that the person was mentally ill

There were no rules about hearsay under the common law.

Crawford v.Washington is a decision which protects

In 2004, the U.S.Supreme Court decision in ____________ v.Washington made major changes in the law of hearsay and the confrontation clause.

History and Development of the Law of Criminal Justice

Important Aspects of the American Criminal Justice System

Using Evidence to Determine Guilt or Innocence

Direct and Circumstantial Evidence and the Use of Inferences

Witnesses and the Testimony of Witnesses

Judicial Notice, Privileges of Witnesses, and Shield Laws

The Use of Hearsay in the Courtroom

The Exclusionary Rule

Where the Exclusionary Rule Does Not Apply

Special Needs and Administrative Searches

Obtaining Statements and Confessions for Use As Evidence

The Law Governing Identification Evidence

Obtaining Physical and Other Evidence

Obtaining Evidence From Computers or by Use of Search Warrants, Wiretapping, or Dogs Trained to Indicate an Alert

The Crime Scene, The Chain of Custody Requirement, and the Use of Fingerprints and Trace Evidence

Videotapes, Photographs, Documents, and Writings As Evidence

Scientific Evidence

Filters