Q&A Hero

Q: In an Alford plea, the defendant pleads guilty but continue to assert his or her innocence. a. True b. False

Q: If a defendant and prosecutor agree to a plea bargain and guilty plea, the judge cannot lawfully refuse the plea and plea bargain. a. True b. False

Q: In terms of lost, misplaced, or destroyed evidence, the Supreme Court has held that a violation of due process has not occurred unless the following is shown:

Q: What is an alibi defense, and if used by a defendant, what rules of evidence must be followed?

Q: What is the main function of a jury? Why is this duty imposed on the jury?

Q: Why are some states' rules of evidence different from the federal rules of evidence?

Q: Delineate and discuss the duties of law enforcement agencies at the local, state and federal levels.

Q: The jurisdiction of the federal government in interstate commerce issues is often challenged. Use Gonzales v. Rich as a foundation for your discussion. Discuss the situations in which you believe the federal government should become involved. Do you agree with the Gonzales decision? Why or why not?

Q: What is the Brady rule? Provide an example of a violation of this rule. What are the consequences of a violation of the Brady rule?

Q: Define and describe an adversary system of justice. What role do the rules of evidence play in such a system? Be sure to provide examples.

Q: Most state statutes require only that the person seeking a civil commitment have a _____ the person to be committed is potentially dangerous.

Q: In the adversarial system, evidence that a third party committed the crime is likely to be challenged by the _____.

Q: The scope of federal criminal jurisdiction under the _____ Clause is a contentious issue.

Q: If the judge or jury is not allowed to see or hear the evidence, the evidence is said to be ____________.

Q: The legal and ethical obligation of the prosecutor is to seek _____.

Q: At a jury trial, the _____ determines the facts of the case.

Q: At a trial, the _____ solves questions of law.

Q: If evidence potentially favorable to the accused is lost, destroyed, or misplaced, it is a violation of due process only if the government acted in _____.

Q: Under the _____ rule, the prosecution must disclose to the accused any evidence which is favorable to the accused.

Q: The American system of criminal justice is an adversarial one, not a(n) _____ one like many European democracies have.

Q: Relevant, reliable evidence may be inadmissible if it is _____.

Q: _____ evidence is that which possesses a significant degree of believability.

Q: In a(n) _____ system of justice, a trial is a battle between two opponents.

Q: The U.S. _____ is the supreme law of the land.

Q: The system in which power is shared between state and federal governments is called _____.

Q: Case 2.3Police respond to the scene of shooting outside a local bar. The scene is chaotic with ambulance personnel attending to a nonresponsive shooting victim. In the course of rendering aid to the victim, the victim and the victim's clothing were removed from the scene. The victim's clothing and personal effects are collected by an emergency room nurse at the hospital. The investigating officer responds to the hospital and takes custody of the victim's personal effects. A suspect is identified and charged with the murder of the victim. At trial, it is determined that some of the victim's personal effects of evidentiary value were misplaced by hospital personnel. During the trial the prosecution uses a cell mate of the defendant as a witness. Under oath the witness claims that the defendant admitted to murdering the victim.What might the defense attorney challenge regarding the admissibility of the witness testimony presented in this case?a. reliability of the evidenceb. chain of custodyc. accountability of the evidenced. mental competence of the witness

Q: Case 2.3Police respond to the scene of shooting outside a local bar. The scene is chaotic with ambulance personnel attending to a nonresponsive shooting victim. In the course of rendering aid to the victim, the victim and the victim's clothing were removed from the scene. The victim's clothing and personal effects are collected by an emergency room nurse at the hospital. The investigating officer responds to the hospital and takes custody of the victim's personal effects. A suspect is identified and charged with the murder of the victim. At trial, it is determined that some of the victim's personal effects of evidentiary value were misplaced by hospital personnel. During the trial the prosecution uses a cell mate of the defendant as a witness. Under oath the witness claims that the defendant admitted to murdering the victim.Which constitutional rights could the defense attorney cite with regard to violations of due process, if it is later discovered that the witness had lied to get a deal of charges he was currently facing?a. First and Tenth Amendmentsb. First and Second Amendmentsc. Fifth and Fourteenth Amendmentsd. Fourth and Seventh Amendments

Q: Case 2.3Police respond to the scene of shooting outside a local bar. The scene is chaotic with ambulance personnel attending to a nonresponsive shooting victim. In the course of rendering aid to the victim, the victim and the victim's clothing were removed from the scene. The victim's clothing and personal effects are collected by an emergency room nurse at the hospital. The investigating officer responds to the hospital and takes custody of the victim's personal effects. A suspect is identified and charged with the murder of the victim. At trial, it is determined that some of the victim's personal effects of evidentiary value were misplaced by hospital personnel. During the trial the prosecution uses a cell mate of the defendant as a witness. Under oath the witness claims that the defendant admitted to murdering the victim.At trial, the defense attorney claims that the prosecution failed to turn over exculpatory evidence thereby violating the _____.a. First Amendmentb. Second Amendmentc. Brady Ruled. Fourth Amendment

Q: Case 2.2New Jersey State Police incept a truck load of marijuana at during a truck enforcement detail. The truck operator, Bill Smith is arrested. The ensuing investigation reveals that the shipment originated form a legal marijuana dispensary in Denver, Colorado, owned by Mick Stoner. As a result of joint investigation involving the New Jersey State Police and the DEA, Mick Stoner was arrested at his Denver dispensary by DEA agents and charged with the manufacture and distribution of a controlled or dangerous substance.At trial, Mick Stoner's defense attorney challenges the _____ of the evidence, claiming that the initial search of the truck was in violation of the Fourth Amendment.a. competenceb. probable causec. preponderanced. probative value

Q: Case 2.2New Jersey State Police incept a truck load of marijuana at during a truck enforcement detail. The truck operator, Bill Smith is arrested. The ensuing investigation reveals that the shipment originated form a legal marijuana dispensary in Denver, Colorado, owned by Mick Stoner. As a result of joint investigation involving the New Jersey State Police and the DEA, Mick Stoner was arrested at his Denver dispensary by DEA agents and charged with the manufacture and distribution of a controlled or dangerous substance.Which Court System would have jurisdiction for Mick Stoner's criminal trial?a. the New Jersey Court System due to the division of powers under federalismb. the New Jersey Court System pursuant the interstate commerce clause of the U.S. constitutionc. the Federal Court System pursuant the interstate commerce clause of the U.S. constitutiond. the Colorado Court System due to the division of powers under federalism

Q: Case 2.2New Jersey State Police incept a truck load of marijuana at during a truck enforcement detail. The truck operator, Bill Smith is arrested. The ensuing investigation reveals that the shipment originated form a legal marijuana dispensary in Denver, Colorado, owned by Mick Stoner. As a result of joint investigation involving the New Jersey State Police and the DEA, Mick Stoner was arrested at his Denver dispensary by DEA agents and charged with the manufacture and distribution of a controlled or dangerous substance.Which agency would charge Mick Stoner?a. the New Jersey State Police, as that is where the drugs were discovered.b. the Denver Police, because that is where the drugs were manufactured and shipped fromc. The Colorado State Patrol, because of the interstate commerce clause of the U.S. Constitutiond. The Drug Enforcement Agency (DEA), because the manufacture of marijuana is legal in Colorado, but it is a federal crime for which the DEA has jurisdiction

Q: Case 2.1Dave is pulled over for a motor vehicle violation in his local town in upstate New York. During the course of the motor vehicle stop the officer determines that Dave had relocated in to town from New Jersey six months prior to the stop. Although Dave has a valid New York state license his driving privileges in New Jersey are suspended and he has numerous outstanding motor vehicle warrants. Further inquiry reveals that Dave is a registered violent sexual offender in New Jersey with an extensive criminal history. A check of the local department data base reveals that Dave has not registered as a sexual offender with the local town or state since relocating to New York.Dave is charged under SORNA in New York and is being tried in the federal courts. Which rules of evidence would apply to his trial?a. New York state rules of evidence because that was where he was arrestedb. New Jersey state rules of evidence because that is where the original crime occurredc. New York state rules of evidence because the federal court is located in New York.d. Federal rules of evidence because the case is being tried in a federal court.

Q: Case 2.1Dave is pulled over for a motor vehicle violation in his local town in upstate New York. During the course of the motor vehicle stop the officer determines that Dave had relocated in to town from New Jersey six months prior to the stop. Although Dave has a valid New York state license his driving privileges in New Jersey are suspended and he has numerous outstanding motor vehicle warrants. Further inquiry reveals that Dave is a registered violent sexual offender in New Jersey with an extensive criminal history. A check of the local department data base reveals that Dave has not registered as a sexual offender with the local town or state since relocating to New York.What would be the constitutional basis to uphold federal charges brought against Dave under SORNA?a. Federalismb. Common Lawc. Necessary and Proper Clause of the Constitution.d. Federal Rules of Evidence

Q: Case 2.1Dave is pulled over for a motor vehicle violation in his local town in upstate New York. During the course of the motor vehicle stop the officer determines that Dave had relocated in to town from New Jersey six months prior to the stop. Although Dave has a valid New York state license his driving privileges in New Jersey are suspended and he has numerous outstanding motor vehicle warrants. Further inquiry reveals that Dave is a registered violent sexual offender in New Jersey with an extensive criminal history. A check of the local department data base reveals that Dave has not registered as a sexual offender with the local town or state since relocating to New York.Which Constitutional Amendment would Dave use to challenge the charge of failing to register as a sexual offender in New York?a. The Sixth Amendment, that provides that "the accused shall enjoy the right to a speedy and public trial."b. The Tenth Amendment, that provides that "The powers not delegated to the United States by the Constitution are reserved to the States "¦ or to the people."c. The Fourth Amendment, that forbids unreasonable searches and seizures by officers of the federal and state governments.d. The Fifth Amendment, that provides the right of the defendant to right remain silent.

Q: Case 2.1Dave is pulled over for a motor vehicle violation in his local town in upstate New York. During the course of the motor vehicle stop the officer determines that Dave had relocated in to town from New Jersey six months prior to the stop. Although Dave has a valid New York state license his driving privileges in New Jersey are suspended and he has numerous outstanding motor vehicle warrants. Further inquiry reveals that Dave is a registered violent sexual offender in New Jersey with an extensive criminal history. A check of the local department data base reveals that Dave has not registered as a sexual offender with the local town or state since relocating to New York.In the above scenario would Dave be required to register as sexual offender in New York for a previous conviction in New Jersey?a. No, under the Federalism doctrine each state is a sovereignty and the regulations of another state or federal government cannot be imposed on their residents.b. No because Dave has only been living in New York for six months and the law allows convicted sexual offenders up to a year to register when relocating from out of state.c. Yes under the federal of Violence Against Women Act (VAWA) 18 U.S.C.A. 2265 requires the equal recognition and enforcement of out of state orders of protection.d. Yes under the federal sexual offender registration and notification act (SORNA) of 2006 18 U.S.C.A. 16913 as well as under New York State law, Dave must register.

Q: The main actors at the trial are the judge, the _____, the prosecutor, and the defense attorney. a. investigator b. victim c. jury d. defendant

Q: Federal law enforcement agencies are created by _____ to enforce specific federal laws. a. the President b. the Legislature c. the Senate d. Congress

Q: The Federal Rules of Evidence and most state rules of evidence apply in _____ trials. a. only criminal b. both civil and criminal c. only civil d. only administrative

Q: The keystone of American federalism is the _____. a. U.S. Constitution b. Bill of Rights c. Magna Carta d. separation of church and state

Q: The Tenth Amendment to the U.S. Constitution states that powers not delegatedto the United States are _____. a. reserved to the States or the people. b. automatically delegated to the federal government. c. under joint jurisdiction by federal and state governments. d. ruled by common law.

Q: The states and federal government _____. a. all use the same rules of evidence b. all have created the same crimes c. use the same court system d. have established 51 different criminal codes

Q: To validly enact federal statutes, Congress must be acting within _____. a. powers granted by the Constitution b. authority granted by the United Nations c. the scope of consent granted by the States d. the bounds of international law

Q: If reliable, relevant evidence is otherwise excludable (e.g. it is privileged or was obtained in violation of the Constitution), such evidence is said to be _____. a. precluded b. incompetent c. inconsequential d. indefatigable

Q: Evidence is not relevant (irrelevant) if it is _____. a. not related to any fact or issue in the case b. subject to a privilege c. recognized by judicial notice d. exculpatory

Q: Reliable evidence is defined as evidence that is likely to be _____. a. true or accurate b. prejudicial to one side or the other c. subject to the exclusionary rule d. exculpatory

Q: Unlike the United States, most European democracies _____. a. use the inquisitorial system b. give prosecutors less discretion c. give defendants more protections d. rely less on confessions

Q: The Constitution allows, and certain states require, that defendants _____. a. reveal incriminating evidence b. answer questions posed by the police c. give notice that they intend to use an alibi or insanity defense d. waive their privilege against self-incrimination

Q: If the prosecution destroys evidence important to the defense, this violates a defendant's rights only if the prosecution acted _____. a. in bad faith b. negligently c. with carelessness d. in violation of a court order

Q: Under the _____ rule, the prosecution must disclose exculpatory evidence to the defense. a. DeAngelis b. Powell c. Curtain d. Brady

Q: In the American _____ system of criminal prosecution, the government must prove its case by evidence freely and independently secured and may not coerce the defendant to provide evidence. a. fact finding b. accusatorial c. inquisitorial d. peremptory

Q: Competent evidence is reliable, relevant evidence that _____. a. is not excluded by additional rules of evidence b. is subject to the exclusionary rule c. cannot be heard by the jury d. is offered to impeach a witness

Q: In our adversary system of justice, the defense and prosecution _____. a. cooperate to see that justice is done b. readily share evidence and information c. present their best case and challenge the opponent's case d. rarely challenge the admissibility of the opponent's evidence

Q: Most crimes committed in the U.S. are _____. a. state crimes b. federal crimes c. a combination of state and federal crimes. d. a combination of federal and international crimes.

Q: In 1975, Congress enacted the _____, which had great influence on state rules of evidence. a. National Standards of Evidence b. Federal Code of Criminal Evidence c. National Rules of Evidence d. Federal Rules of Evidence

Q: The concept of federalism means that government power is shared between _____. a. the legislative, executive, and judicial branches b. state and federal governments c. the federal government and tribal authorities d. state and local governments

Q: If the defense loses or misplaces evidence important to the prosecution, it is a violation of due process. a. True b. False

Q: All jurisdictions in the U.S. utilize the Federal Rules of Evidence. a. True b. False

Q: A conviction obtained by the knowing use of false evidence or testimony violates due process and will be reversed. a. True b. False

Q: In the United States, defendants are never required to reveal anything about their case to the prosecution. a. True b. False

Q: The American criminal justice system is both accusatorial and adversarial in nature. a. True b. False

Q: If the prosecution deliberately uses false evidence or perjured testimony to obtain a conviction, the defendant will get a new trial. a. True b. False

Q: The Brady rule requires that the defense disclose clearly exculpatory evidence to the prosecution. a. True b. False

Q: Any time the prosecution loses, displaces, or destroys important evidence in a criminal case, it is automatically a violation of due process. a. True b. False

Q: No state in the United States ever requires that the defendant reveal information or possible defenses to the prosecution. a. True b. False

Q: In our adversary system, the prosecution has no obligation to reveal any evidence to the defense. a. True b. False

Q: In an adversary system of justice, each side generally conducts separate investigations and generally does not share advance information with the other side. a. True b. False

Q: Most countries other than the U.S. utilize an inquisitorial system of justice. a. True b. False

Q: "Competent evidence" is a catch-all term that included reliable and relevant evidence that is not rendered inadmissible by some other rule. a. True b. False

Q: Non-relevant evidence is generally admissible. a. True b. False

Q: In the adversary system, each side seeks to present evidence that is most favorable to its position. a. True b. False

Q: The American system of justice is basically an adversary system. a. True b. False

Q: The Federal Rules of Evidence must be followed in all state trials. a. True b. False

Q: The U.S. Constitution provides that state judges are not bound by the U.S. Constitution, but by their state constitution. a. True b. False

Q: The U.S. Constitution is the supreme law of the land. a. True b. False

Q: The United States was the first country in the world to utilize a federal form of government. a. True b. False

Q: The U.S. Supreme Court holds that a suspect arrested without an arrest warrant must have a probable cause hearing before a judge or magistrate "promptly," of which is defined as being within 48 hours of the arrest, including weekends and holidays. If this 48 hour rule is violated, what is the burden placed on the prosecution and what may be the consequence of such an unwarranted delay?

Q: The Supreme Court has ruled that there are four guiding principles that should be used when determining whether a juror has been properly excused for cause in capital cases. What are those four principles?

Q: Defendants in the United States whom are charged with felonies may lose their right to be present at their trial under what situations?

Q: In Uttecht v. Brown, the U.S. Supreme Court established principles for excusing jurors. Identify these principles and explain each.

Q: The foundation of the American criminal justice system was developed through the U.S. Constitution. What are the guarantees of the Fifth and Sixth Amendments?