Q&A Hero

Q: Case 7.1While shoplifting five laptops from an electronics store in the mall, the actors Jack and Diane are confronted by the store manager. Jack brutally assaults the store manager as Diane looks on. They leave the manager unconscious on the floor of the store. Passing shoppers alert mall security officers who chase the two into the mall parking lot. Police are notified and arrive as Jack and Diane flee the scene in a small red pickup truck and stop the vehicle. Mall security provides physical and clothing description of the two suspects and the pickup truck.Police pursue the pickup through several residential streets. During the pursuit several items appearing to laptops are thrown from the passenger window of the truck. The locations are reported via radio for other units to collect the evidence.The fleeing pickup blows several red lights causing minor accidents. The pursuing police units temporarily lose sight of the pickup. Within minutes the pickup is found in an alleyway crashed into a retaining wall behind 427 Oak Street. The pickup is unoccupied with the keys still in the ignition. The license plates on the vehicle are stolen. Found in the pickup is one laptop, a blood covered sleeve of a shirt. Also found in the pickup is old mail addressed to a Jack Bowers of 123 Elm Street which is approximately 1 mile away.While patrol searches for the suspects, detectives respond to the Bower residence and find no one home. They speak with the building manager who reports seeing Mr. Bower and his girlfriend drive off earlier in the day. The manager reports that Mr. Bower owns a small red pickup. The detectives notice surveillance cameras on the apartment complex and ask the manager to view and copy the video from that day. Caught on video are Brower and girlfriend apparently changing the license plates on the pickup and leaving in the truck 30 minutes prior to the incident at the mall. The vehicle identification number on the pickup is registered to Jack Bower with different license plates.Jack and Diane are located by patrol three blocks from the pickup hiding behind two dumpsters.Jack's shirt is torn and bloody. He has bruises and blood on his hands. Both claim that they were carjacked two hours prior and had been walking toward the police station. The two are arrested.A search incident to arrest under covers 3 packets of heroin, a hypodermic needle and cell phone in Jack's pockets. A large, aluminum-lined handbag (commonly called a boosting bag) with several boxed cell phones and 2 bags of heroin are found in Diane's possession.Detectives respond to the hospital where the store manager is being treated for serious injuries, including a skull fracture and damage to his eye socket and jaw. The injuries are photographed and documented.Detectives also retrieve surveillance video from the store and mall for evidence. The two suspects are charged with robbery, eluding, destruction of evidence, possession of a controlled dangerous substance, and possession of drug paraphernalia as well as possession of burglary tools.Would the arresting officer's testimony that he found heroin on Jack and Diane subsequent to their arrest be considered hearsay?a. Yes, because the testimony was offered as evidence of the truth of the matterasserted.b. Yes, because the testimony violates the Confrontation Clause of the Sixthamendment.c. No, because it requires the fact finder to draw inferences as to the defendants'intent.d. No, because it is based on the officer's actions and observations and he is available for cross-examination.

Q: Case 7.1While shoplifting five laptops from an electronics store in the mall, the actors Jack and Diane are confronted by the store manager. Jack brutally assaults the store manager as Diane looks on. They leave the manager unconscious on the floor of the store. Passing shoppers alert mall security officers who chase the two into the mall parking lot. Police are notified and arrive as Jack and Diane flee the scene in a small red pickup truck and stop the vehicle. Mall security provides physical and clothing description of the two suspects and the pickup truck.Police pursue the pickup through several residential streets. During the pursuit several items appearing to laptops are thrown from the passenger window of the truck. The locations are reported via radio for other units to collect the evidence.The fleeing pickup blows several red lights causing minor accidents. The pursuing police units temporarily lose sight of the pickup. Within minutes the pickup is found in an alleyway crashed into a retaining wall behind 427 Oak Street. The pickup is unoccupied with the keys still in the ignition. The license plates on the vehicle are stolen. Found in the pickup is one laptop, a blood covered sleeve of a shirt. Also found in the pickup is old mail addressed to a Jack Bowers of 123 Elm Street which is approximately 1 mile away.While patrol searches for the suspects, detectives respond to the Bower residence and find no one home. They speak with the building manager who reports seeing Mr. Bower and his girlfriend drive off earlier in the day. The manager reports that Mr. Bower owns a small red pickup. The detectives notice surveillance cameras on the apartment complex and ask the manager to view and copy the video from that day. Caught on video are Brower and girlfriend apparently changing the license plates on the pickup and leaving in the truck 30 minutes prior to the incident at the mall. The vehicle identification number on the pickup is registered to Jack Bower with different license plates.Jack and Diane are located by patrol three blocks from the pickup hiding behind two dumpsters.Jack's shirt is torn and bloody. He has bruises and blood on his hands. Both claim that they were carjacked two hours prior and had been walking toward the police station. The two are arrested.A search incident to arrest under covers 3 packets of heroin, a hypodermic needle and cell phone in Jack's pockets. A large, aluminum-lined handbag (commonly called a boosting bag) with several boxed cell phones and 2 bags of heroin are found in Diane's possession.Detectives respond to the hospital where the store manager is being treated for serious injuries, including a skull fracture and damage to his eye socket and jaw. The injuries are photographed and documented.Detectives also retrieve surveillance video from the store and mall for evidence. The two suspects are charged with robbery, eluding, destruction of evidence, possession of a controlled dangerous substance, and possession of drug paraphernalia as well as possession of burglary tools.At trial, the arresting officer testifies that Diane stated the store manager wasn't moving when they left and asked the officer if he died. The defense objects to the introduction of the testimony on the grounds that _____.a. Diane's original statement was not an assertive statementb. the accuracy of the officer's statement cannot be testedc. the co-conspirator rule does not permit such testimonyd. statements made by a party-opponent are not admissible

Q: The Supreme Court has held that citizens have no reasonable expectation of privacy in which of the following? a. Telephone conversations. b. Bank records. c. Private papers. d. Letters given to the post office.

Q: What is needed to establish that government action is a search? a. The societal recognition that a personal expectation of privacy is reasonable. b. Societal recognition that a personal expectation of privacy is reasonable and the exhibition of a personal subjective expectation of privacy. c. Actual trespass into an area. d. Mere governmental intent to conduct a search.

Q: The justification of the _____ rule is that the individuals involved in such a crime are equals and an admission by one is fairly attributable to others.a. co-conspiratorb. party-opponentc. witness-declarantd. prior statement

Q: Statements that would otherwise be testimonial and require that the defendant have the right to _____ under the rule of Crawford v. Washington can be admitted if they are not intended to prove the truth of their contents.a. rebuttalb. objectionc. confrontd. omission

Q: Justice Black, in his dissenting opinion in Katz v. U.S., claimed that:a. the Fourth Amendment's words did not support the majority and that the Court was expanding the meaning of the Fourth Amendment to keep up with the times.b. the Fourth Amendment created a general right of privacy.c. the Fourth Amendment was meant to protect against eavesdropping.d. the Fourth Amendment created a general right of privacy and was meant to protect against eavesdropping.

Q: In which case did the court rule that a person's right to privacy outweighed their location? That is, the person's expectation of privacy as opposed to the place that would have an expectation of privacy? a. Tennessee v Garner b. Mapp v Ohio c. Katz v U.S. d. Miranda v Arizona

Q: The hearsay rule forbids only statements offered to prove the ______of the matter asserted. a. truth b. credibility c. substance d. subject

Q: In discussions of hearsay, the _____is the person who makes the statement. a. defendant b. declarant c. witness d. prosecutor

Q: According to the Supreme Court in Katz v. U.S., involving an electronic listening and recording device attached to the outside of a public telephone booth: a. the Fourth Amendment protects people, not places. b. a subjective expectation of privacy confers the Fourth Amendment's protection. c. there is no search unless there has been a physical intrusion into a place. d. eavesdropping on a public phone booth is not a search.

Q: The principal means courts use to guard against the risks of Hearsay are the requirements that the witness testify under oath, which helps ensure reliability, and that the witness be available for _____. a. civil proceedings b. grand jury examination c. polygraph examination d. cross examination

Q: The first part of a writ of assistance, where royal agents can search anyone, anywhere, anytime, is referred to as a _______warrant.a. generalb. constitutional c. privacyd. specific

Q: What effect has the Fourth Amendment search and seizure conditions had on American criminal procedure? a. It has assisted in protecting a notion of privacy for individuals. b. It has given the police unrestricted abilities to conduct searches. c. It has greatly limited personal expectations of liberty in public places. d. It has guaranteed that law enforcement can act arbitrarily to gather facts.

Q: The general rule is that hearsay is _____. a. not admissible b. admissible c. not admissible unless the opponent objects d. admissible unless the opponent objects

Q: Between the thirteenth and seventeenth centuries, English common law in criminal cases was based on a(n) _____ principle. a. inquisitorial b. accusatorial c. confrontational d. equitable

Q: General warrants, or writs of assistance, as they were known in Britain and in the American colonies: a. gave officers blanket authority to completely search a particular shop or home. b. found favor in the American colonies because they were more restrictive than a warrantless search. c. gave the person with the writ authority to enter any house for the entire life of the monarch. d. were repealed in the American colonies by the Stamp Act.

Q: In Terry v. Ohio (1968), the U.S. Supreme Court ruled on:a. stop and friskb. the open field doctrinec. the plain view doctrined. the privacy doctrine

Q: Hearsay can be written statements, communicative conduct, or _____. a. oral statements b. inferences from observations c. hypnotically refreshed testimony d. photographic evidence

Q: Under the Federal Rules of Evidence and in a number of jurisdictions, _____ is specifically defined as not being hearsay. a. admission by a party-opponent b. unsworn statements made before a judge c. statements by the victim of a crime d. statements by the judge at a prior trial

Q: If it is determined that the police have not engaged in a search or seizure: a. the Fourth Amendment applies only in part to the officer's actions. b. the due process clause has been violated. c. the police actions are not subject to the Fourth Amendment's requirements. d. according to the exclusionary rule, the search or seizure is inadmissible.

Q: Which of the following is NOT a show of authority seizure? a. Setting up a roadblock b. The presence of several officers c. Flashing an emergency light d. Following a pedestrian in a police car

Q: Statements offered to prove _____ would be considered to be hearsay. a. any information possessed by the defendant b. the declarant's state of mind c. the effect of the statement on the hearer d. the truth of the matter asserted in the statement

Q: In Illinois v. Caballes, the Supreme Court ruled that: a. Drivers of automobiles have a reasonable expectation of privacy that protects them from the use of drug- sniffing dogs without a warrant. b. Drug-sniffing dogs can only be used if there is reasonable suspicion the driver has narcotics. c. Drug-sniffing dog searches are prone to many errors and are so intimidating that officials must have probable cause to use them. d. The use of well-trained drug-sniffing dogs to expose contraband items that would remain hidden in a routine traffic stop, does not intrude on a driver's reasonable expectation of privacy and the Fourth Amendment does not apply.

Q: To fall within the hearsay rule, the testimony must be offered to prove the _____. a. credibility of the witness b. truth of the matter asserted in the statement c. credibility of the declarant d. unavailability of the declarant to testify

Q: To fall within the hearsay rule, the declarant's statement must be a(n) _____ statement. a. oral b. written c. interrogatory d. assertive

Q: In which of the following situations DOES there exist an expectation of privacy? a. Standing on the street and looking into the living room through open curtains. b. Climbing over a backyard fence.c. Observing someone carrying a briefcase.d. Overhearing a conversation on the street.

Q: The Constitution's _____ Clause and the rule against hearsay protect similar values. a. Self-incrimination b. ex post facto c. Confrontation d. Venue

Q: Until 1967, the U.S. Supreme Court defined searches mainly according to property law. According to the ________, to qualify as a search, officers had to invade physically a "constitutionally protected area."a. constitutionality doctrine b. privacy doctrinec. trespass doctrined. reasonable expectation of privacy doctrine

Q: List six characteristics of constitutionalism.

Q: In hearsay testimony, the person on the witness stand _____. a. is also the out-of-court declarant b. is not under oath c. will be immune from perjury d. did not personally witness the event

Q: The use of hearsay is problematic because it involves a violation of the defendant's right to _____. a. a jury trial b. the privilege against self-incrimination c. notice of the charges d. confront and cross-examine adverse witnesses

Q: The right against cruel and unusual punishment is guaranteed by the ______Amendment.

Q: The right to a speedy trial is guaranteed in the _______Amendment.

Q: Wigmore, a legal scholar, stated that the development of the hearsay rule was the second greatest contribution of the English legal system next to _____. a. the grand jury b. the jury trial c. the right to notice of the charge. d. the right to an attorney

Q: Final government authority rests in the U.S. Constitution by virtue of the _________.

Q: The power of courts to declare laws and government actions unconstitutional is called _________.

Q: The trial of _____ in 1603 prompted concern about the use of hearsay in English trials. a. Sir Walter Raleigh b. Benjamin Franklin c. Robert Bruce d. Oliver Cromwell

Q: The practice of obtaining criminal convictions based on hearsay was especiallygrievous in the infamous _____ trials in England. a. Black Death b. Inquisition c. Machiavellian d. Star Chamber

Q: The final authority on interpreting the U.S. Constitution is the U.S. _________.

Q: Rights every state guarantees its citizens similar to those in the United States Constitution and Bill of Rights are referred to as _______rights.

Q: The admission of hearsay testimony may sometimes violate the _____ Amendment. a. Fourth b. Fifth c. Sixth d. Eighth

Q: The problem with hearsay testimony is that the person who actually saw the events _____. a. is not on the witness stand b. is probably not reliable c. may be biased d. may have a privilege against self-incrimination

Q: In place of the fundamental fairness doctrine, some on the Court argued for the _______doctrine.

Q: The idea that due process guarantees fair procedures for deciding cases is called _________.

Q: Define prior statements made by witnesses in relation to the hearsay rule and provide the rules by which such decisions would be used to rule whether hearsay would apply.

Q: Define "conduct that is not meant to communicate" is relation to the hearsay rule. Provide an example.

Q: Detailed, constantly changing rules passed by legislatures are called _______.

Q: Discuss the co-conspirator rule and provide an example.

Q: The U.S. Constitution is the highest authority in criminal procedure; it is what is called a court of _________.

Q: What is an assertive statement and give examples of both assertive and non-assertive statements.

Q: Equal protection of the law means that states must treat everybody alike. a. True b. False

Q: The total incorporation doctrine has been accepted by the majority of the Supreme Court. a. True b. False

Q: Most of the Bill of Rights' guarantees have now been made applicable to and binding on the states through the due process clause of the Fourteenth Amendment.a. Trueb. False

Q: According to the Fundamental Fairness Doctrine, due process is a general command, requiring states to provide the rudiments of a fair trial. a. True b. False

Q: The conflict over the fundamental fairness and incorporation doctrines were clear in Rochin v. California (1952).a. Trueb. False

Q: The Articles of Confederation were written by former British colonists in response to British tyranny. a. True b. False

Q: The early Roman republic had virtually no safeguards for individuals against government power in its law of criminal procedure. a. True b. False

Q: What are non-verbal acts in relation to the exception for Hearsay? Provide an example of both assertive and non-assertive behaviors.

Q: Some state constitutions provide rights not mentioned in the U.S. Constitution a. True b. False

Q: The United States Supreme Court has no authority to interpret a state constitution as long as state constitutional provisions and the decisions interpreting them meet the standards set by the United States Constitution. a. True b. False

Q: In terms of the problems they address, what do the rules against hearsay and Confrontation Clause have in common? Be sure to provide examples.

Q: Define "hearsay" and provide an example. Be sure to explain why the example meets the definition. (LO1, 154)

Q: Although it is the highest court in the land, the U.S. Supreme Court depends on local courts and the police to apply its decisions to daily situations.a. Trueb. False

Q: Criminal procedures are the rules government must follow in enforcing the criminal law. a. True b. False

Q: What are the principal methods used at trial to test the testimony of witnesses?How does allowing hearsay interfere with those methods?

Q: The Constitution always binds the government. a. True b. False

Q: If a witness testifies at a trial and can be cross-examined concerning an earlier statement made by the witness, the statement is not hearsay if statement is _____ with the present testimony of the witness and was given under oath at a previous trial, hearing, or deposition.

Q: The Constitution is a different type of document than a statute, because it expresses the will of the people as a whole. a. True b. False

Q: If a person is engaging in conduct that is not meant to _____, this would generally not be treated as hearsay.

Q: The hearsay rule forbids only statements offered to prove the _____of the matter asserted.

Q: A motion for discovery asks the: a. court to consider new evidence in the case. b. judge to investigate the opposing party's evidence. c. court to allow the defendant additional time to gather more evidence. d. court to order the opposing party to turn over information they have gathered to the party making the motion.

Q: Besides notification of charges against the accused, what is the other procedural element that was required to satisfy the definition of a "˜fair trial" under the Fundamental Fairness Doctrine?a. Hearing of the facts before sentencing.b. Presence of effective defense counsel at trialc. Timely sentencing upon convictiond. Right to appeal if found guilty

Q: A statement that is offered only to show the effect on the _____ is not hearsay when offered to show the state of mind of another.

Q: In Mapp v. Ohio (1961) the court articulated:a. the right of self-incrimination.b. the exclusionary rule applied to state searches and seizures.c. the right to assistance of counsel.d. the right to a speedy trial.

Q: The "presumption of regularity" posits that: a. most people who claim a violation of the equal protection clause have been discriminated against. b. most people who allege due process violations have been harmed. c. there is a set of due process requirements that apply in regular criminal cases. d. government actions are presumed lawful unless there is clear evidence to the contrary.

Q: The definition of hearsay refers to a statement other made by an out-of-court _____.

Q: If the purpose of a nonverbal act is to communicate, and the communication is _____, then it falls within the hearsay rule.

Q: In order to claim a violation of the equal protection clause, a claimant must prove: a. the official government action had a discriminatory effect. b. the official intended to discriminate. c. that the government action had a discriminatory effect and a discriminatory purpose. d. that the government action treated him/her differently than other people.

Q: The presumption of _______assumes that the government is acting lawfully unless there is clear evidence to the contrary.a. regularity b. infallibilityc. enforceability d. innocence