Q&A Hero

Q: The _____ Amendment protects persons from being forced to produce and authenticate any documents that are incriminating. a. Fourth b. Fifth c. Sixth d. Eighth

Q: The government cannot force a suspect to produce a document that _____ the suspect. a. vindicates b. incriminates c. frames d. excuses

Q: Challenges to a prospective juror based on the showing that allowing the juror to serve would deny either side a fair trial are called ______________.

Q: Attorneys for both sides can remove prospective jurors from the jury panel by ______________.

Q: Supreme Court Justice Holmes wrote that a person "is privileged from producing the evidence, but not from its _____." a. production b. warrantless seizure c. theft d. transposition

Q: A court order requiring that a defendant submit a handwriting sample _____. a. violates the privilege against self-incrimination b. violates the Fourth Amendment c. violates the Sixth Amendment d. generally violates no constitutional rights

Q: Cases where the proof of guilt is overwhelming are called ____________cases.

Q: The U.S. Supreme Court has stated that the privilege against self-incrimination adheres to the _____ and not to the information. a. person b. prosecution c. victim d. witness

Q: Police have a valid search warrant and seize a defendant's incriminating business records. This procedure _____. a. violates the privilege against self-incrimination b. violates the confrontation clause c. does not violate the Fifth Amendment d. violates the Fifth Amendment only if the records are handwritten

Q: The jury's authority to reach a not guilty verdict despite proof of guilt is called _______________.

Q: The Sixth Amendment confrontation clause bars the use of hearsay evidence under all circumstances. a. True b. False

Q: If the government forced a person to create or produce an incriminating document, it would violate the _____ Amendment. a. Fourth b. Fifth c. Sixth d. Seventh

Q: The Fifth Amendment requires that juries represent a fair cross section of the community. a. True b. False

Q: Judges are responsible for exercising a peremptory challenge to strike potential jurors. a. True b. False

Q: The Fourth Amendment does not apply if police are lawfully in a place and see a document in _____ view. a. surreptitious or secret b. covert or concealed c. occluded or precluded d. plain or public

Q: The general rule that only the original of a document (and not a copy) is admissible is called the _____ rule. a. best evidence b. primary evidence c. con compos mentos d. res ipsa loquitur

Q: The Supreme Court has ruled that use of the key-man system to select jurors is in violation of the Sixth Amendment.a. Trueb. False

Q: Under the ancient documents rule in federal and some state courts, the document must be at least _____ years old. a. 10 b. 20 c. 30 d. 40

Q: Six member juries satisfy the requirements of the Sixth Amendment. a. True b. False

Q: Defendants cannot be required to come to court in prison clothes. a. True b. False

Q: The party seeking to have a writing or document admitted must show that it is genuine or _____. a. complicit b. exculpatory c. authentic d. replicable

Q: A trial judge may not deal with a continually disruptive defendant by having the defendant bound and gagged. a. True b. False

Q: _____ photographs of the victim's body can inflame and prejudice the judge or jury. a. Contemporaneous b. Accurate c. Complete d. Gruesome

Q: Videotapes that are made when no person is present making the tape (e.g. security camera that is not contemporaneously monitored) can be admitted through use of the _____ witness method. a. silent b. absent c. remote d. conspicuous

Q: The right to an impartial jury does not require that a jury be selected from a fair cross section of the community. a. True b. False

Q: Six person juries do not have to render unanimous verdicts. a. True b. False

Q: Videotaping or other surveillance involves the Fourth Amendment if it occurs in a place where the defendant _____. a. is the owner b. has a belief that no videotaping is permitted c. is deceived by the police about videotaping in a public place d. has a reasonable expectation of privacy

Q: Videotaping events that _____ is not covered by the Fourth Amendment. a. occur in a home b. happen in a public place c. happen inside a motel or hotel room d. involve only minors

Q: The Supreme Court has ruled that all jury verdicts in criminal cases must be unanimous to be constitutional. a. True b. False

Q: A valid plea cannot be assumed from a silent record. a. True b. False

Q: The plain view or public view doctrine does not apply to documents or writings. a. True b. False

Q: The Fifth Amendment protects only a person's personal writings, not their business writings or documents. a. True b. False

Q: Most courts require that a factual basis for the plea be established before the court will accept the plea. a. True b. False

Q: If a defendant wishes to plead guilty, but still not admit guilt, states are constitutionally required to let the defendant do so. a. True b. False

Q: During the trial, defendants must either prove their innocence or raise a reasonable doubt about the government's case.a. Trueb. False

Q: For purposes of the Sixth Amendment guarantee to a jury trial, the Supreme Court has used a potential six months imprisonment to divide serious from petty crimes. a. True b. False

Q: Hearsay violates the confrontation clause because:a. the defendant can"t crossexamine the witnesses against them.b. it often gets misinterpreted.c. the jury doesn"t have a chance to see the demeanor of the person who spoke the out of court statements.d. people can lie too easily about what they heard someone else say.

Q: The Fifth Amendment does not protect incriminatory documents about the crime created before the crime was committed. a. True b. False

Q: A challenge for cause:a. is made by the prosecutor to strike a potential juror the prosecutor thinks will not be favorable to the state's case.b. is made by defense counsel based on the juror's race or gender.c. strikes a juror who is biased or prejudiced toward the defendant or the state.d. exempts persons from jury service because of their age, criminal record, or ability to speak and write English.

Q: Individuals have no expectation of privacy for original checks and deposit slips. a. True b. False

Q: The jury selection system that relies on recommendations from civic and political leaders is called the _____________system.a. fair-cross sectionb. random selectionc. impartial jury selectiond. key-man

Q: The privilege against self-incrimination adheres to the suspect, not the information. a. True b. False

Q: The right to a jury trial: a. dates back in history to the U.S. Constitution. b. was first recognized in the Bill of Rights. c. has ancient roots in European history and the English Bill of Rights. d. was first espoused by the American colonists.

Q: Defendants have the right under the Sixth Amendment to force witnesses to come to court to testify for them. This is called: a. cross-examination. b. direct examination. c. the right to compel testimony. d. the compulsory process.

Q: The privilege against self-incrimination applies to both written and oral statements. a. True b. False

Q: When the defense agrees to not contest evidence introduced by the prosecutor, it is called a(n): a. formal agreement. b. judgment. c. presentation of evidence. d. stipulation.

Q: Under the Fifth Amendment, a defendant is privileged from producing evidence but not from its production. a. True b. False

Q: To combat "video voyeurism," in 2003 New York passed "Stephanie's Law," whichmakes "unlawful surveillance" a crime. a. True b. False

Q: Prosecutors and defense attorneys can remove potential jurors without having a reason using the: a. peremptory challenge. b. challenge for cause. c. voir dire. d. exemption from service objection.

Q: According to the Supreme Court in North Carolina v. Alford, regarding a plea of guilty: a. defendants' plea of guilty when they believe they are innocent can never constitute a voluntary guilty plea. b. the only constitutional requirement is that the plea be voluntary. c. guilty pleas must consist of both a waiver of trial and an express admission of guilt. d. to pass constitutional muster, guilty pleas must be voluntary and intelligent.

Q: United States v. Buchanon found that the best evidence rule did not just apply to writing. a. True b. False

Q: Ordinary records held by a bank about a person's finances (e.g. deposit slips, cancelled checks) can lawfully be obtained by a search warrant issued to the bank. a. True b. False

Q: The Supreme Court has held that guilty pleas are: a. unconstitutional. b. constitutional, so long as they are made voluntarily, knowingly, and intelligently. c. unconstitutional when they are obtained as a result of plea bargaining. d. constitutional even if the prosecution cannot present enough evidence to establish that there is a factual basis for the guilty plea.

Q: According to the Supreme Court, guilty pleas waive all of the following rights except a. prohibition against self-incrimination. b. right to trial. c. right to compel witnesses to testify. d. right to counsel.

Q: The Supreme Court has ruled that a judge's failure to ask a defendant if they knowingly and voluntarily entered a guilty plea in open court is:a. not reversible if there is strong evidence of the defendant's guiltb. not reversible if the defendant was represented by counsel during the entry of the pleac. reversible error because the judge accepted a plea without an affirmative showing that it was freely given and the defendant knew what he or she was agreeing tod. may be grounds for an appeal if the defendant can show the judge was aware the defendant was not of sound mind

Q: There is no reasonable expectation of privacy in most employees' offices. a. True b. False

Q: The Fourth Amendment does not protect against the seizure of documents. a. True b. False

Q: In order to accept a guilty plea, the judge is required to find all of the following EXCEPT:a. No bargains or promises were made in exchange for the pleab. The plea was knowingly made c. The plea was voluntarily maded. There is a factual basis for the plea

Q: A copy of a document is never admissible, only the original is. a. True b. False

Q: Which of the following is NOT true about closing arguments? a. Prosecutors can waive their right to make a closing argument and then save their comments for rebuttal. b. Prosecutors can raise new matters in rebuttal. c. Appellate courts frequently reverse convictions for even one improper prosecution comment in closing argument. d. Prosecutors can express their personal beliefs about the defendant's guilt.

Q: The best evidence rule is also known as the original document rule. a. True b. False

Q: _____________bargaining occurs when the prosecutor agrees not to challenge the defendant's version of the facts or not to reveal aggravating facts to the judge.a. Factb. Charge c. Plead. Sentence

Q: The ancient documents rule applies only to documents 100 years of age or older. a. True b. False

Q: The Sixth Amendment confrontation clause: a. guarantees the government the right to cross-examine the defense's witnesses. b. limits the government's use of physical evidence. c. guarantees the defense the right to cross-examine the government's witnesses. d. guarantees the defendant the right to compulsory process to obtain witnesses.

Q: Which of the following best describes the purpose of opening statements? a. Outline the case the two sides hope to prove. b. They are intended to prove the government's case. c. Must prove the defendant's theory of the case. d. May include references to evidence that the lawyer making the opening statement knows is probably inadmissible.

Q: Documents may be authenticated only by direct evidence. a. True b. False

Q: X-rays do not differ significantly from ordinary photographs in any significant ways. a. True b. False

Q: According to the Supreme Court, proof beyond a reasonable doubt: a. is required by due process. b. is a rule of procedure, not a constitutional requirement. c. states are free to adopt whatever standard of proof they choose. d. is a discretionary matter for each court to determine for itself.

Q: Which of the following has NOT contributed to the growth and prevalence of plea bargaining?a. Increasing crime ratesb. Reduction in the power of prosecutorsc. Increased complexity of the criminal trial process d. Larger caseloads

Q: Gruesome photographs of the victim's body are never admissible. a. True b. False

Q: The silent witness method is a means of authenticating a document. a. True b. False

Q: _________________ occurs after the opening statement in a trial.a. Jury deliberationsb. Presentation of the evidencec. Instructions to the jury d. Closing arguments

Q: Which constitutional amendment does NOT guarantee defendants the right to a public trial?a. Fifth Amendment b. Sixth Amendment c. Eighth Amendmentd. Fourteenth Amendment

Q: No warrant is necessary to videotape events occurring in a public place. a. True b. False

Q: Discuss how bite marks may be useful as evidence.

Q: To have a valid guilty plea, a defendant who pleads guilty must: a. acknowledge guilt. b. know beforehand the exact sentence to be given. c. do so voluntarily and knowingly. d. agree he or she is factually guilty.

Q: Voir direis the: a. instructions given the jury by the judge as to how the jury should deliberate. b. name given the prosecutor's opening statement. c. process of examining prospective jurors. d. questioning of prospective jurors by a judge and attorneys in court.

Q: Discuss trace evidence and provide examples of what is commonly considered trace evidence.

Q: Discuss the ways in which a person may alter a crime scene in order to obstruct officers from conducting an investigation.

Q: Which of the following is NOT a common excuse for exemption from jury service? a. Economic hardship b. Courthouse is too far from the individual's house c. Uninteresting case d. Need to care for small children