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

Question 1

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

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

Answer 1

C

Question 2

Statements made to a physician for the purpose of diagnosis or treatment

A)may be both privileged and an exception to the hearsay rule.
B)are an exception to the hearsay rule only if part of an excited utterance.
C)are an exception only if offered in the form of medical records.
D)are not an exception in any jurisdiction.

Answer 2

A

Question 3

The Confrontation Clause is found within the ________ Amendment.

A)co-conspirators.
B)statements to physicians.
C)Sixth
D)child victims of abuse.

Answer 3

C

Question 4

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

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 5

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

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 6

The Confrontation Clause does not apply to ___________out-of-court statements.

A)co-conspirators.
B)non-testimonial
C)regularly kept records.
D)child victims of abuse.

Question 7

For "testimonial" statements, Washington v.Crawford

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 8

Exceptions to the hearsay rule mandate that the hearsay offered have some

A)relation to the unavailability or availability of the declarant.
B)indicia of reliability.
C)means of being corroborated.
D)relation to the burden of proof.

Question 9

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

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

Question 10

If the declarant makes a statement that could subject them to criminal charges, the statement would probably be admissible under the exception for statements

A)of exculpation.
B)against penal interest.
C)contrary to reputational security.
D)contrary to Miranda rights.

Question 11

The statement by a shooting victim just before they died would probably be admissible under the hearsay exception for

A)victim statements.
B)murder witnesses.
C)statements for descriptions of present mental condition.
D)dying declarations.

Question 12

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

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

Question 13

One relatively recent set of exceptions to the hearsay rule have been created for

A)co-conspirators.
B)statements to physicians.
C)regularly kept records.
D)child victims of abuse.

Question 14

Which of the following is a firmly rooted hearsay exception in the law of evidence?

A)excited utterance
B)statement of an accomplice
C)personal diaries
D)statements made while mentally incompetent

Question 15

The rule against hearsay and the _____________ Clause of the Sixth Amendment deal with similar testimonial issues.

A)Venue
B)Counsel
C)Public trial
D)Confrontation

Question 16

Regularly kept business records, public records, records of religious organizations, and family records are admissible under certain federal rules, known as the

A)regularly kept records exception.
B)notarized document exception.
C)public data exception.
D)confidential data exception.

Question 17

Crawford v.Washington is a decision which protects

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

Question 18

In most states and under the Federal Rules of Evidence, for most exceptions to the hearsay rule,

A)unavailability of the declarant is not required.
B)unavailability of the declarant is required.
C)availability of the declarant is required.
D)the unavailability of the declarant does not need be explained by counsel.

Question 19

An ______________ is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.

A)excited utterance
B)statements to physicians
C)dying declaration
D)confession

Question 20

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

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

Question 21

Dying declarations may be excited utterances and thus potentially admissible under two exceptions to the hearsay rule.

Question 22

The hearsay exception specifically for statements by child abuse victims existed at common law.

Question 23

Police interrogations can produce both testimonial and non-testimonial evidence.

Question 24

The Confrontation Clause is found in the Fifth Amendment.

Question 25

There were no rules about hearsay under the common law.

Question 26

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

Question 27

In Chambers v.Mississippi (1973), the state rule disallowing hearsay statements against penal interest to be used by defendants was found to be in violation of the U.S.Constitution.

Question 28

A defense witness states that he heard a person other than the defendant admit to the crime.This statement could be admissible under the exception for statements against penal interest.

Question 29

In addition to having indicia of reliability, the dying declarations exception to the hearsay rule has also been justified on the basis of public necessity.

Question 30

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

Question 31

To qualify as an exception to the hearsay rule, the statement must have some indicia of reliability.

Question 32

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

Question 33

There is a hearsay exception for learned treatises that are established, reliable sources.

Question 34

Most states, but not the Federal Rules of Evidence, recognize a hearsay exception for excited utterances.

Question 35

There are no exceptions to the hearsay rule in the Federal Rules of Evidence.

Question 36

After Crawford v.Washington, the hearsay exceptions and exceptions to the Confrontation Clause are identical with regard to testimonial evidence.

Question 37

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

Question 38

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

Question 39

The Confrontation Clause applies in civil cases.

Question 40

The common law recognized the dying declarations exception to the hearsay rule.

Question 41

The _______Rules of Evidence list 27 exceptions to the exclusionary rule.

Question 42

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)

Question 43

Ohio v.Roberts is still apparently good law if the hearsay statement involved is not ______________.

Question 44

There is a hearsay exception for dying _____________.

Question 45

A person admitting the commission of a crime is making a statement against _________________.

Question 46

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

Question 47

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

Question 48

Explain and discuss how Crawford v.Washington (2004) made major changes in the law.Explain why you agree or disagree with the decision.

Question 49

Modern _________exceptions occur frequently in sexual abuse cases.

Question 50

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

Question 51

There is a hearsay exception for regularly kept businesses ____________.

Question 52

Statements to physicians are an exception to the hearsay rule only if made by the patient for purposes of treatment or ____________.

Question 53

The dying declarations exception requires that the declarant be dead or otherwise
____________ at the time of trial.

Question 54

A long delay in reporting a sexual assault could be a factor considered by a jury in determining whether there was _______to the sexual act.

Question 55

Explain and discuss how exceptions to the hearsay rule endanger the Sixth Amendment right to confrontation.Be sure to provide examples.

Question 56

There is a hearsay exception for ____________ utterances.

Question 57

Hearsay exceptions utilized by the government threaten values protected by the Sixth Amendment's ____________ Clause.

Question 58

To qualify for the hearsay exception for ancient documents, the document must be over _______ years old.

Question 59

What is the primary purpose of Police Interrogation?

Question 60

There is a hearsay exception for statements about then existing mental, emotional, or physical ____________.

Question 61

Describe the "Forfeiture by Wrongdoing" doctrine.

Question 62

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

Question 63

Discuss the issue of forensic analysts' reports and expert opinions in relation to testimony being admissible by analysts who did not actually conduct the laboratory analysis themselves.What do you see as possible issues with this being permitted?