Exam 9: The Exclusionary Rule
Exam 1: History and Development of the Law of Criminal Justice63 Questions
Exam 2: Important Aspects of the American Criminal Justice System63 Questions
Exam 3: Using Evidence to Determine Guilt or Innocence63 Questions
Exam 4: Direct and Circumstantial Evidence and the Use of Inferences63 Questions
Exam 5: Witnesses and the Testimony of Witnesses63 Questions
Exam 6: Judicial Notice, Privileges of Witnesses, and Shield Laws62 Questions
Exam 7: The Use of Hearsay in the Courtroom63 Questions
Exam 8: The Confrontation Clause and Exceptions to the Hearsay Rule63 Questions
Exam 9: The Exclusionary Rule63 Questions
Exam 10: Where the Exclusionary Rule Does Not Apply63 Questions
Exam 11: Special Needs and Administrative Searches63 Questions
Exam 12: Obtaining Statements and Confessions for Use As Evidence63 Questions
Exam 13: The Law Governing Identification Evidence63 Questions
Exam 14: Obtaining Physical and Other Evidence62 Questions
Exam 15: Obtaining Evidence From Computers or by Use of Search Warrants, Wiretapping, or Dogs Trained to Indicate an Alert63 Questions
Exam 16: The Crime Scene, The Chain of Custody Requirement, and the Use of Fingerprints and Trace Evidence63 Questions
Exam 17: Videotapes, Photographs, Documents, and Writings As Evidence63 Questions
Exam 18: Scientific Evidence62 Questions
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The U.S.Supreme Court made the federal exclusionary rule mandatory for state courts in
Free
(Multiple Choice)
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Correct Answer:
A
A search conducted pursuant to an invalid search ____________ may be subject to the exclusionary rule.
Free
(Short Answer)
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Correct Answer:
warrant
If the police can show that the evidence was discovered by two methods, one of which was lawful, it may trigger the ____________ exception to the exclusionary rule.
Free
(Multiple Choice)
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Correct Answer:
C
In the Fahy v.Connecticut case, the court noted that there was no prejudicial effect of erroneously admitted evidence.
(True/False)
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The Self-Incrimination Clause has only one, specific goal: to protect against compelled, self-incriminating statements.This falls under the ___________ Amendment.
(Multiple Choice)
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The Miranda rule does not include safeguards before obtaining confessions or other incriminating statements.
(True/False)
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In Hudson v.Michigan, the court stated that the exclusionary rule is most appropriate in cases of ____________ searches.
(Short Answer)
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Police misconduct can result in the violation of the Fifth and Fourteenth Amendments' Clauses of due process.
(True/False)
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One of the costs (and criticisms) of the federal exclusionary rule is that it
(Multiple Choice)
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Unreasonable searches and seizures that violate the ___________ Amendment can trigger the federal exclusionary rule.
(Short Answer)
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If the police can show they would have found the evidence eventually by legal means, it may trigger the independent source exception to the exclusionary rule.
(True/False)
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The exclusionary rule exacts a social cost when it is used to exclude relevant, reliable evidence.
(True/False)
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Where, however, a significant period of time goes by between the improper conduct and the new evidence, the U.S.Supreme Court has long held that the "_________" from the improper conduct can be dissipated.
(Multiple Choice)
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In ______ v.U.S., the Supreme Court held this was an exception to the fruit of the poisonous tree doctrine.
(Short Answer)
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The U.S.Supreme has often held that "Mere police questioning does not constitute a seizure", Florida v.Bostick, 501 U.S.429, 434 (1991), whether or not the officer doing the questioning has any basis for suspecting an individual of criminal activity.If the circumstances surrounding the knock-and-talk are such that the person does not feel free to leave and stop answering questions, the questioning becomes "custodial" and the person is "seized" under the Fourth Amendment.With that noted, what factors do you think should be recognized as factors that should be taken into consideration when judging whether a person should reasonably consider him/herself in "custody"? Explain your responses.
(Essay)
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Define and discuss three exceptions to the exclusionary rule and/or fruit of the poisonous tree doctrine.Be sure to provide examples.
(Essay)
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Evidence gathered from initial improper conduct is called "fruit of the poisonous tree".
(True/False)
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