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Question
Discuss the arguments for and against the exclusionary rule. Be sure to provide examples. Explain your position on the exclusionary rule.Answer
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Related questions
Q:
What are the principal methods used at trial to test the testimony of witnesses?How does allowing hearsay interfere with those methods?
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If a person is engaging in conduct that is not meant to _____, this would generally not be treated as hearsay.
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The hearsay rule forbids only statements offered to prove the _____of the matter asserted.
Q:
In the Federal Rules of Evidence, one form of statement that is specifically excluded from the definition of hearsay is a(n) _____________ by a party-opponent.
Q:
The rule against hearsay and the _____ Amendment Confrontation Clause address similar problems.
Q:
The Star Chamber trials are among the most infamous in English history.
a. True
b. False
Q:
Under the Federal Rules of Evidence, certain types of prior statements by witnesses are excluded from the definition of hearsay.
a. True
b. False
Q:
The 1603 trial of William Penn sparked interest in reforming the law of hearsay.
a. True
b. False
Q:
Exceptions to the law of hearsay evidence tend to be simple and straight forward.
a. True
b. False
Q:
What are the requirements of the physician"patient privilege? What are some of the exceptions created in some jurisdictions?
Q:
What is the police"informant privilege? What is its rationale, and what are some exceptions to this privilege?
Q:
The privilege against self-incrimination applies only to testimonial or _____________ evidence.
Q:
The president of the U.S. has no privilege with regard to confidential communications with top advisors.
a. True
b. False
Q:
Every jurisdiction recognizes a parent"child privilege.
a. True
b. False
Q:
The attorney"client privilege was not recognized at common law.
a. True
b. False
Q:
Courts have long held that judicial notice may be taken of _____theories that have been so established that they have "attained the status of "¦ law",
a. scientific
b. conceptual
c. proven
d. absolute
Q:
About _____ of the states have statutes defining the clergy-penitent privilege, with a few other states recognizing the privilege by court decisions.
a. one-quarter
b. one-third
c. half
d. two-thirds
Q:
An informant's privilege is not a(n) _____ privilege and must give way when there is a compelling need to protect the rights of the accused.
a. administrative
b. judicial
c. prosecutorial
d. absolute
Q:
The marital privilege _____.
a. was not recognized at common law
b. is not recognized in federal courts
c. is recognized in about half the states
d. is recognized in all jurisdictions
Q:
The oldest application of judicial notice is for _____.
a. matters generally known within the community or state
b. principles that are generally accepted by reputable scientists
c. the identity of defendants
d. published official records
Q:
Judicial notice is permitted _____.
a. in all jurisdictions except the federal courts
b. in the federal courts but not state courts
c. in a majority of jurisdictions
d. in all jurisdictions
Q:
Unlike Daubert v. Merrill Dow Pharmaceuticals Co., the expert testimony in Kumho Tire Co. v. Carmichael was provided by a(n) _____.
a. psychologist
b. biologist
c. engineer
d. forensic scientist
Q:
For many years prior to 1993, federal courts utilized the _____ test for the admissibility of scientific evidence.
a. Ginsburg
b. Alito
c. Connor
d. Frye
Q:
Since adoption of Daubert in some states, the validity and reliability of the _____ test is no longer subject to judicial notice for purposes of proving guilt.
a. RFD
b. RSVP
c. HMS
d. HGN
Q:
In the Daubert decision, the Supreme Court held that the admissibility of scientific evidence was governed by Rule _____ of the Federal Rules of Evidence.
a. 402
b. 502
c. 602
d. 702
Q:
Prior to the Supreme Court's Daubert decision, federal courts used a _____ test.
a. general acceptance
b. conditional relevance
c. contingent admissibility
d. consistency and reliability
Q:
If the scientific theory and/or technique is accepted by higher courts, trial courts may take _____ of the validity of these theories and techniques.
a. hearsay exceptions
b. judicial notice
c. positive objections
d. conditional acceptance
Q:
Circumstantial evidence is evidence that proves a fact in issue _____.
a. indirectly or by inference
b. directly by eyewitness testimony
c. only by the use of presumptions
d. by contradicting other evidence
Q:
Proof is demonstrated by _____.
a. evidence
b. deductions
c. inductions
d. jury instructions
Q:
The prosecution can overcome the presumption of innocence only by proving guilty beyond a reasonable doubt.
a. True
b. False