Q&A Hero

Q: Describe the difference between formal and informal criminal procedure, and explain why both are essential to crime control in our constitutional democracy.

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: Describe the history of criminal procedure, and explain why it is described as a pendulum swing.

Q: Who are the various actors and their roles in the "criminal justice road map?"

Q: Discuss fully the scope of the privilege against self-incrimination. Be sure to provide examples.

Q: Identify and describe the balance of values at the heart of our constitutional democracy and explain how and why that balance is flexible.

Q: The ______court opinion is considered the law.

Q: The Fifth Amendment privilege applies to prosecution or the possibility of prosecution of any ______________ case.

Q: Evidence that helps prove defendants are guilty is sometimes called ______ ___________.

Q: State v. Gagnon established that information used in court must have the characteristic of ______________ knowledge.

Q: The U.S. ___________ has a privilege for confidential communications with top advisors.

Q: The power of a court to hear case in a particular subject or geographical area is its ________.

Q: A _______is a defendant in a noncriminal case.

Q: The husband"wife privilege is also known as the _____________ privilege.

Q: The ________"client privilege was the first privilege recognized at common law.

Q: Motions to throw out evidence obtained by the government during searches and seizures, interrogation, and identification procedures are heard at a(n) ______________.

Q: To provide a handwriting _____ an individual would have to provide sample of his or her handwriting.

Q: The doctrine that requires that once courts have decided cases, those prior decisions bind later courts to follow them is _________.

Q: The _____ against self-incrimination is seen as crucial to our adversarial and accusatorial system of justice.

Q: A number of federal courts of appeal and district courts have concluded there is a qualified journalist privilege under the _____ Amendment in civil cases, but most have concluded that there is no privilege in criminal cases.

Q: An opinion that agrees with the result of another opinion is a(n) ________opinion.

Q: The citation of a case appears after the _______of the case.

Q: Prosecutors have a privilege not to reveal the identity of confidential __________.

Q: The process of informal decision making by professionals based on their training and experience, rather than written rules, is called ______ ________ ________.

Q: Under the Constitution, public officials are required to have enough facts to back up every invasion of privacy, liberty, and property of individuals. This is known as a(n)___________.

Q: Many states recognize a clergy"____________ privilege.

Q: There is an exception to the psychotherapist"patient privilege for patients who may present a ____ to themselves or others

Q: When a court distinguishes a case, it decides that precedent does not apply to the current case because the facts of are different. a. True b. False

Q: The due process revolution increased the power of the police in America. a. True b. False

Q: The privilege against self-incrimination applies only to testimonial or _____________ evidence.

Q: Discretion and formal law making are antagonistic to each other in balancing the interests in criminal procedure. a. True b. False

Q: The privilege against self-______________ is found in the Fifth Amendment.

Q: One of the rules of procedure by which the U.S. Supreme Court operates is the "rule of four." According to this rule, the Court issues a written decision in a case only if four or more justices think a written opinion is desirable. a. Trueb. False

Q: Judicial _____________ is an exception to the traditional methods of presenting evidence.

Q: The president of the U.S. has no privilege with regard to confidential communications with top advisors. a. True b. False

Q: The party appealing a lower court ruling or decision to a higher court is called the appellee. a. True b. False

Q: The objective basis is also referred to as the quantum of proof. a. True b. False

Q: The federal government has a privilege not to disclose military or diplomatic secrets vital to national security. a. True b. False

Q: The criminal process is a blend of the formal law of criminal procedure and the informal influences that enter the process by way of discretion. a. True b. False

Q: The police"informant privilege involves a privilege not to reveal the identity of confidential police informants.a. Trueb. False

Q: The greater the limits the government places on an individual's autonomy, the more facts must back up the government's actions. a. True b. False

Q: Every jurisdiction recognizes a parent"child privilege. a. True b. False

Q: The balance between result and process never rests at a point that satisfies everyone. a. True b. False

Q: The U.S. Supreme Court has recognized an absolute reporter"source privilege. a. True b. False

Q: The sexual assault counselor's privilege is designed to protect those charged with sexual assault.a. Trueb. False

Q: How an appellate court disposes of a case is called its opinion. a. True b. False

Q: There are no exceptions to the psychotherapist"patient privilege. a. True b. False

Q: According to the interest in fact-finding and the search for truth, the greater the deprivation the decision imposes, the greater the factual foundation required to support it. a. True b. False

Q: The physician"patient privilege applies only when the physician is being paid. a. True b. False

Q: A majority of U.S. Supreme Court justices have to vote to review a case before it can be heard. a. True b. False

Q: The physician"patient privilege did not exist at common law. a. True b. False

Q: A habeas corpus proceeding is not a separate proceeding from a defendant's criminal case.a. Trueb. False

Q: A case citation is composed of a string of letters and numbers. a. True b. False

Q: The marital privilege does not apply when one spouse has committed a crime against the other spouse. a. True b. False

Q: Crime control in a constitutional democracy depends on the balance between searching for the correct result in criminal cases and the commitment to use fair procedures in pursuing criminals. a. True b. False

Q: All states and the federal government have some form of the marital privilege. a. True b. False

Q: The attorney"client privilege does not apply to communications made for the purpose of getting advice to commit a crime or fraud. a. True b. False

Q: An appellate court _______a trial court's judgment when it sets it aside. a. reverses b. affirms c. remands d. questions

Q: In a criminal case, when the appellate court sends a case back to the court from which it came for further action, the disposition is referred to as:a. affirmed.b. remanded. c. reversed. d. nullified.

Q: If a law clerk or secretary of the attorney is present during the attorney"client meeting, the privilege is waived. a. True b. False

Q: The attorney"client privilege was not recognized at common law. a. True b. False

Q: If a person asserts their Miranda privilege to remain silent during police questioning, that silence can be used as evidence of guilt. a. True b. False

Q: In habeas corpus actions the:a. petitioner names the state as a party.b. title of the case has names of individual parties and not the state or government. c. court is a party to the petition.d. government sues an incarcerated or detained prisoner.

Q: The U.S. Supreme Court decides to review a case on a writofcertioraribased on: a. the "rule of four." b. a majority vote. c. a unanimous vote. d. the decision of the Chief Justice.

Q: The privilege against self-incrimination can be asserted only in criminal proceedings. a. True b. False

Q: The privilege against self-incrimination is found in the Fifth Amendment. a. True b. False

Q: If a defendant seeks to throw out evidence obtained by law enforcement officers during a search and seizure, and interrogation, or an identification procedure, this motion is hearing in a motion called a(n) ______hearing. a. pretrialb. appellatec. suppressiond. habeas corpus

Q: A petition for a writ of habeas corpus is:a. a continuation of the original criminal case. b. an appeals criminal case.c. a civil case that reviews the constitutionality of a petitioner's detention. d. another form of appeal.

Q: The privilege against self-incrimination applies to handwriting and speech exemplars. a. True b. False

Q: The party who is being appealed against is known as the:a. appellant. b. petitioner. c. plaintiff.d. appellee.

Q: A judge can take judicial notice of facts that are known solely to the judge. a. True b. False

Q: When a court decides that a prior court decision does not apply to a current case because the facts of the previous case are different, the court is said to: a. dispute the holding of the previous decision. b. overturn legal precedent. c. distinguish the previous case. d. reverse the previous case.

Q: The purpose of judicial notice is to protect the privilege against self-incrimination. a. True b. False

Q: When courts decide cases based on legal precedent, their decisions increase society's sense of:a. discretion.b. stability, predictability and fairness. c. stability.d. predictability.

Q: The Fifth Amendment privilege against self-incrimination is the _____ privilege that has been incorporated into the U.S. Constitution and many state constitutions. a. state b. qualified c. primary d. only

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: Jurisdiction refers to a court's authority to hear and decide a case: a. in a specific geographical area and on a particular subject matter. b. in a specific geographical area.c. on a particular subject matter.d. remanded by an appellate court and in a specific geographical area.

Q: When a court refers to past cases to back up its reasons and decisions in the case currently before it, the prior decisions are called: a. procedural history. b. court opinions. c. precedent. d. majority judgments.

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