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Law
Q:
In the case Lockyer v. Andrade(2003), the Supreme Court ruled that it was a violation of the Eighth Amendment's cruel and unusual punishment clause to sentence Andrade to 25 years to life imprisonment for petty theft under the state's three strikes law.
a. True
b. False
Q:
The Frye test is sometimes known as the general acceptance test.
a. True
b. False
Q:
Scientific evidence is infallible.
a. True
b. False
Q:
Justices on the U.S. Supreme Court are divided on whether the proportionality principle applies to sentences of imprisonment.
a. True
b. False
Q:
So-called _____ fingerprinting tests can sometimes lead to a match between the bullet fragments and the weapon used to fire the bullet.
a. blood
b. hair
c. skin
d. ballistic
Q:
Every state jurisdiction has created a statutory right to appeal.
a. True
b. False
Q:
In the case of United States v. Crisp, the court concluded that _____ analysis was reliable scientific knowledge and admissible.
a. blood
b. handwriting
c. DNA
d. fingerprint
Q:
Rule _____ has already resulted in changes in how scientific evidence is received.
a. 100
b. 169
c. 609
d. 702
Q:
Mandatory minimum sentences shift discretion from judges to prosecutors.
a. True
b. False
Q:
Describe the plain view and public view doctrines in relation to the police and documents.
Q:
Research indicates that mandatory minimum sentences actually introduce disparity in sentencing.
a. True
b. False
Q:
Indeterminate sentencing requires a judge to impose a nondiscretionary minimum period of incarceration that everyone convicted of that crime must serve.
a. True
b. False
Q:
The following types of circumstantial evidence may be used to show that documents are authentic and genuine.
Q:
Fixed sentencing has two primary forms " sentencing guidelines and discretion.
a. True
b. False
Q:
How are x-ray filmsradiographs, roentgenograms, and skiagrams different from ordinary photographs?:
Q:
A witness may identify a photograph by testimony showing any one or more of the following:
Q:
By the early 1970s, there was a consensus among law enforcement officials, prisoners' groups, reformers, and bureaucrats that indeterminate sentencing should be replaced with a more determinate sentencing system.a. Trueb. False
Q:
Throughout history, fixed sentences have totally dominated criminal sentencing.
a. True
b. False
Q:
Discuss the use of videotapes and other electronic devices as evidence. Do you believe (as the courts have upheld) that video surveillance should be used in an employee's office? Why or why not? What are the current restrictions? How would you change these? Or would you?
Q:
After conviction, a criminal defendant is still presumed not guilty during the appeal process.
a. True
b. False
Q:
Describe the progress through direct appeal and collateral attack.
Q:
Discuss, describe, compare, and contrast the protections of the Fourth and Fifth Amendments with regard to documents. Be sure to provide examples.
Q:
Identify the nature and circumstances of the right to appeal a conviction.
Q:
Discuss four methods of authenticating a document or writing. Provide examples of each.
Q:
Discuss the law on the admissibility of gruesome photographs of the bodies of murder victims at the murder trial. Be sure to provide examples
Q:
Summarize the limits on the rights of offenders at sentencing, and explain the reasons for the limits.
Q:
Summarize the five main empirical findings on the effectiveness of mandatory minimum sentences.
Q:
Law enforcement officers and other governmental officials cannot intrude into a "zone of ____________________" of a person to seize documents, writings, or records without a showing of proper authority.
Q:
Photographs and videotapes are ____________________ evidence because they portray objects, persons, or events not in the courtroom.
Q:
Videotaping may be conducted in places where the people being filmed do not have a ____________________ expectation of privacy.
Q:
Compare and contrast sentencing guidelines and mandatory minimum sentences, and identify three aims of each type of sentence.
Q:
Proceedings which attack the trial court's judgment of conviction as part of the same case are _____.
Q:
Perhaps the most famous film in American history is the Zapruder film of the assassination of President ____________________.
Q:
The ___________of 1996 substantially amends and narrows the federal habeas corpus rights of both state and federal prisoners.
Q:
Thousands of people carry ____________________ equipped as cameras.
Q:
The rule that an alleged error at trial may be raised on appeal even if the error was not objected to at trial so long as it was a clear error affecting substantial rights and causing manifest injustice is called the _________rule.
Q:
The Fourth Amendment does not protect documents in public or ____________________ view.
Q:
The traditional legal doctrine which held that criminal cases could not be appealed if the sentence had been satisfied is called the _________doctrine.
Q:
A type of fixed sentence that prescribes a non-discretionary amount of prison time that all offenders convicted of the offense must serve is ______ sentence.
Q:
In general, ____________________ kept records of businesses; government, etc. are presumed to be authentic.
Q:
The ____________________ witness method is sometimes used to authenticate videotapes.
Q:
Legislatures prescribe specific penalties that judges and administrative agencies cannot alter in the ________ model.
Q:
Judges prescribe sentences within broad formal contours set by legislative acts in the __________ model.
Q:
The ____________________ Amendment contains a privilege against self-incrimination.
Q:
__________ relies heavily on the discretion of judges and parole boards in exercising sentencing authority.
Q:
The best evidence rule is also known as the ____________________ document rule.
Q:
Under the ancient documents rule, the document must be at least ____________________ years old.
Q:
___________demands that the government justify the detention and incarceration of prisoners.
Q:
Parole boards and prison administrators determine the exact release date within sentences prescribed by judges and legislatures in the __________model.
Q:
____________________ evidence is often important in civil personal injury trials.
Q:
A habeas corpus proceeding which is a separate civil action that does not challenge the guilt of the defendant, but instead the lawfulness of the defendant's imprisonment is referred to as a(n):a. collateral attack. b. writ of errorc. injunctiond. collateral estoppel
Q:
The silent witness method is used to authenticate ____________________ evidence.
Q:
Like maps and diagrams, photographs and videotapes are forms of ____________________ evidence.
Q:
A state prisoner who seeks review of his case under a writ of habeas corpusin federal court can obtain review only if his claim:
a. is that he is innocent of the crime of which he was convicted.
b. is based on an alleged violation of a federal constitutional or statutory right.
c. is a search and seizure claim.
d. is a claim of ineffective assistance of counsel.
Q:
To have protection against government videotaping, the suspect must have a ____________________ expectation of privacy in the place where the taping is occurring.
Q:
Case 17.3Jane is the prosecutor in a death penalty case and is sitting in her office reviewing the evidence. There is fingerprint evidence on the murder weapon (a kitchen knife) matching those of the victim's former girlfriend, Abigail. There is also videotape at the entrance to the apartment complex showing Abigail entering and leaving the apartment building on the night of the murder. The crime scene investigation team also took photographs of the victim to establish where he had been killed, the location of the murder weapon near the body, as well as the nature of the wounds that led to the victim's death. The photographs of the victim show the ferocity of the attack and can establish that Abigail had every intention to kill her former boyfriend.The defense attorney objects to introduction of any of the photographs since they are quite graphic and he is afraid the jury will be prejudiced against his client for that reason alone.a. This is not a valid objection to photographic evidence.b. The prosecutor has a great deal of discretion in determining whether such graphic photos are needed and how many photos may be shown.c. The defense can prevail only if there are more than 25 pictures.d. The judge can require the prosecutor to use less offensive photographs if the inflammatory potential is excessive or repetitious.
Q:
In Booker v. U.S., the Supreme Court ruled that the Federal Sentencing Guidelines:a. are advisory, but enjoy a presumption of reasonableness. b. are advisory and judges can depart without explanation. c. are mandatory for all federal crimes.d. are mandatory for certain serious felonies.
Q:
Describe and explain the significance of the U.S. Supreme Court decision Batson v. Kentucky(1986).
Q:
Case 17.3Jane is the prosecutor in a death penalty case and is sitting in her office reviewing the evidence. There is fingerprint evidence on the murder weapon (a kitchen knife) matching those of the victim's former girlfriend, Abigail. There is also videotape at the entrance to the apartment complex showing Abigail entering and leaving the apartment building on the night of the murder. The crime scene investigation team also took photographs of the victim to establish where he had been killed, the location of the murder weapon near the body, as well as the nature of the wounds that led to the victim's death. The photographs of the victim show the ferocity of the attack and can establish that Abigail had every intention to kill her former boyfriend.If Jane seeks to introduce these photographs into evidence,a. the defense must agree.b. an expert must testify about the camera used to take the pictures.c. the photographer should testify that the photographs accurately and fairly illustrate the crime scene.d. will not be admitted without proof of chain of custody of the photographs.
Q:
Explain the various types of guilty pleas.
Q:
Case 17.2Andy works at the local convenience store, which has video cameras installed in the main area of the store and the back parking lot for security purposes. Andy does not realize that there are also several video cameras installed in the break room. On one particular Saturday, Andy waits until no one is in the break room and goes there to count the money he has stolen from the cash register. He scrupulously logs the amount of money in a notebook and hides the notebook behind the microwave in the break room. Later that day, Andy goes out back to the parking lot for a smoke and sees several young hooligans vandalizing a car parked behind the convenience store. Andy shouts at them and the young women run away. After Andy calls the police about the damaged Yugo, he tells the police there is a camera covering the back lot that may have captured images of the women damaging the car. When the police review the videotapes for that day, they do get clear images of the vandals, but, to Andy's surprise, they also see him counting money in the break room. Andy is arrested for embezzlement and the Sweeney girls are arrested for vandalism.The Sweeney sisters are insisting their actions were art, not vandalism. In any case, they assert that the videotape is not even admissible against them. The videotapea. can be used against the Sweeney sisters.b. will only be admissible if there is a posted warning in the parking lot that activities are being taped.c. does not require a proper foundation as in State v. Sibley.d. can be considered business records outside the Fourth Amendment.
Q:
Explain the rights that defendants waive when they enter a guilty plea and what protection does a defendant have when making a guilty plea.
Q:
Case 17.2Andy works at the local convenience store, which has video cameras installed in the main area of the store and the back parking lot for security purposes. Andy does not realize that there are also several video cameras installed in the break room. On one particular Saturday, Andy waits until no one is in the break room and goes there to count the money he has stolen from the cash register. He scrupulously logs the amount of money in a notebook and hides the notebook behind the microwave in the break room. Later that day, Andy goes out back to the parking lot for a smoke and sees several young hooligans vandalizing a car parked behind the convenience store. Andy shouts at them and the young women run away. After Andy calls the police about the damaged Yugo, he tells the police there is a camera covering the back lot that may have captured images of the women damaging the car. When the police review the videotapes for that day, they do get clear images of the vandals, but, to Andy's surprise, they also see him counting money in the break room. Andy is arrested for embezzlement and the Sweeney girls are arrested for vandalism.If the videotape of Andy is determined to be admissible, the notebook willa. not be admissible since it is redundant and cumulative evidence.b. be admissible if shown to be genuine and authentic.c. be admissible unless Andy objects.d. be considered business records outside the Fourth Amendment.
Q:
List and briefly summarize the stages in the criminal trial.
Q:
Case 17.2Andy works at the local convenience store, which has video cameras installed in the main area of the store and the back parking lot for security purposes. Andy does not realize that there are also several video cameras installed in the break room. On one particular Saturday, Andy waits until no one is in the break room and goes there to count the money he has stolen from the cash register. He scrupulously logs the amount of money in a notebook and hides the notebook behind the microwave in the break room. Later that day, Andy goes out back to the parking lot for a smoke and sees several young hooligans vandalizing a car parked behind the convenience store. Andy shouts at them and the young women run away. After Andy calls the police about the damaged Yugo, he tells the police there is a camera covering the back lot that may have captured images of the women damaging the car. When the police review the videotapes for that day, they do get clear images of the vandals, but, to Andy's surprise, they also see him counting money in the break room. Andy is arrested for embezzlement and the Sweeney girls are arrested for vandalism.The videotape evidence against Andya. likely inadmissible since he was not aware the camera was recording him.b. probably admissible since the convenience store is open to the public.c. admissible only if the owner of the convenience store consents.d. likely inadmissible since it recorded activities in an employee break room.
Q:
Explain the difference between peremptory challenges and challenges for cause.
Q:
Case 17.1Shelbyville city police heard rumors that Jack and his brother John were involved in illegal sports betting. To avoid the police, the brothers supposedly moved from location to location and operated an active betting office with several employees, generally from hotel rooms. The police received a call from a disgruntled bettor that the mobile betting parlor would be set up next Wednesday. The cooperative bettor agreed to allow police officers to install hidden microphones and video cameras in his home, and promised to offer Jack and John the use his of home in exchange for a break on his gambling debt. John also had a legitimate job at a local carwash and the surveillance technicians snuck into the carwash to plant an additional microphone in his private office to try and confirm details of the betting operation. As it turned out, John did not talk about his gambling job at the carwash, though several of the other employees did use his office when he was out to talk about how they were embezzling money from the business. As it turned out, Jack and John did set up the gambling parlor at the house. Over the next several days, Jack and John conducted illegal betting operations that were recorded both with the microphone and with the video camera. Both men were arrested for violation of state law, which prohibited such gambling operations. Julie and Deborah were also arrested for embezzlement at the carwash the same day based on their incriminating statements in John's office. Additionally, the industrious surveillance technicians also filmed Maggie entering and leaving the house in which the gambling parlor had been set up from their surveillance van in the street. She was arrested for illegal gambling.Julie and Deborah are also not happy about losing their job at the carwash or being charged with embezzlement. If they challenge admissibility of the surveillance evidence,a. they will succeed since the police did not secure a search warrant.b. the evidence will be admitted since the recordings did not take place at their homes.c. the evidence will be admitted because employees have no reasonable expectation of privacy at the workplace.d. they will succeed since embezzlement is not considered workplace-related misconduct at a carwash.
Q:
A guilty plea without any prior negotiations is called a/an __________plea.
Q:
When the defense agrees not to contest some of the facts of a case, they are said to __________.
Q:
Case 17.1Shelbyville city police heard rumors that Jack and his brother John were involved in illegal sports betting. To avoid the police, the brothers supposedly moved from location to location and operated an active betting office with several employees, generally from hotel rooms. The police received a call from a disgruntled bettor that the mobile betting parlor would be set up next Wednesday. The cooperative bettor agreed to allow police officers to install hidden microphones and video cameras in his home, and promised to offer Jack and John the use his of home in exchange for a break on his gambling debt. John also had a legitimate job at a local carwash and the surveillance technicians snuck into the carwash to plant an additional microphone in his private office to try and confirm details of the betting operation. As it turned out, John did not talk about his gambling job at the carwash, though several of the other employees did use his office when he was out to talk about how they were embezzling money from the business. As it turned out, Jack and John did set up the gambling parlor at the house. Over the next several days, Jack and John conducted illegal betting operations that were recorded both with the microphone and with the video camera. Both men were arrested for violation of state law, which prohibited such gambling operations. Julie and Deborah were also arrested for embezzlement at the carwash the same day based on their incriminating statements in John's office. Additionally, the industrious surveillance technicians also filmed Maggie entering and leaving the house in which the gambling parlor had been set up from their surveillance van in the street. She was arrested for illegal gambling.Maggie also objects to her arrest since she did not consent to being videotaped. This evidence is:a. inadmissible since the police did not secure a search warrant.b. only inadmissible because Maggie did not consent to be videotaped.c. admissible since Maggie was videotaped in a public area.d. admissible only if the homeowner consented to the van being parked nearby.
Q:
Case 17.1Shelbyville city police heard rumors that Jack and his brother John were involved in illegal sports betting. To avoid the police, the brothers supposedly moved from location to location and operated an active betting office with several employees, generally from hotel rooms. The police received a call from a disgruntled bettor that the mobile betting parlor would be set up next Wednesday. The cooperative bettor agreed to allow police officers to install hidden microphones and video cameras in his home, and promised to offer Jack and John the use his of home in exchange for a break on his gambling debt. John also had a legitimate job at a local carwash and the surveillance technicians snuck into the carwash to plant an additional microphone in his private office to try and confirm details of the betting operation. As it turned out, John did not talk about his gambling job at the carwash, though several of the other employees did use his office when he was out to talk about how they were embezzling money from the business. As it turned out, Jack and John did set up the gambling parlor at the house. Over the next several days, Jack and John conducted illegal betting operations that were recorded both with the microphone and with the video camera. Both men were arrested for violation of state law, which prohibited such gambling operations. Julie and Deborah were also arrested for embezzlement at the carwash the same day based on their incriminating statements in John's office. Additionally, the industrious surveillance technicians also filmed Maggie entering and leaving the house in which the gambling parlor had been set up from their surveillance van in the street. She was arrested for illegal gambling.Jack and John feel a special confidential relationship with their clients and have demanded these recordings be thrown out as violations of their constitutional rights. The videotape and microphone recordings made at the house are:a. inadmissible since the Shelbyville police neglected to secure a warrant.b. admissible because the brothers should have been more careful.c. inadmissible as the gambling activity did not occur in public view.d. admissible and the brothers have no standing to object.
Q:
The two types of guilty pleas are the ___________plea and the ___________plea.
Q:
The majority of documents and writings introduced for use as evidence in criminal trials are proven authentic and genuine by _____ evidence or by the contents of the document or writing itself.
a. circumstantial
b. real
c. direct
d. presumptive
Q:
Boilerplate jury instructions that fit most cases are called _____________.
Q:
When photographs taken by a police officer are offered as evidence, the officer must establish a proper _____ for the photograph.
a. foundation
b. basis
c. rationale
d. authorization
Q:
An attorney's address to the jury just before presentation of evidence is called a(n) ________________.
Q:
As a general rule, a search warrant is _____ necessary to search a public employee's workplace (desk, files, and so on) to investigate work-related misconduct.
a. not
b. always
c. sometimes
d. federally
Q:
Photographs and videotapes are demonstrative _____ because they portray (demonstrate) objects, persons, or events not in the courtroom.
a. hearsay
b. articles
c. facts
d. evidence
Q:
Generally, a piece of written or printed matter that conveys a message is a _____.
a. conveyance
b. document
c. transmission
d. declaration
Q:
The standard of proof necessary to convict a defendant is ________________.