Deck 11: Disclosing and Suppressing Evidence

Question 1

Which of the following actors would be in favor of broader discovery laws?

A)prosecutors
B)judges
C)defense attorney
D)police officers

Answer 1

C

Question 2

The traditional legal rule regarding confessions is that confessions

A)may be physically coerced.
B)must be free and voluntary.
C)may be psychologically coerced.
D)may be obtained by any means necessary.

Answer 2

B

Question 3

Evidence appears to suggest that the exclusionary rule has what effect on the criminal court system?

A)a marginal effect
B)no effect
C)a significant effect
D)a small but significant effect

Answer 3

A

Question 4

The informal and formal exchange of information between the prosecutor and the defense attorney prior to trial is called what?

A)reciprocity
B)prosecutorial disclosure
C)discovery
D)Brady exchange

Question 5

Closed discovery encourages

A)plea-bargains.
B)jury trials.
C)trials without a jury.
D)guilty pleas.

Question 6

What do those who want to see the exclusionary rule abolished argue should be enough to deter police misconduct?

A)judicial sanctions
B)departmental sanctions
C)the threat of criminal prosecutions
D)the threat of civil lawsuits

Question 7

Some states require the defense to file a notice if this type of evidence will be used.

A)evidence for an alibi defense
B)none of these answers is correct
C)exculpatory evidence
D)lab reports

Question 8

What legal doctrine was established to control police misconduct?

A)exclusionary rule
B)rules related to exculpatory evidence
C)writ of habeous corpus
D)stare decisis

Question 9

Based on research, which of the following is true regarding pretrial motions to suppress evidence?

A)they rarely filed
B)they are often filed but rarely successful
C)they are often filed and generally succeed
D)they have a major impact on case attrition

Question 10

What effect can the exclusionary rule have on the prosecutor when questions of the constitutionality of a search and seizure arise in a case?

A)such questions have no effect on the prosecutor
B)such questions put the prosecutor on the offensive
C)such questions alter the role of the judge, not the prosecutor
D)such questions put the prosecutor on the defensive

Question 11

Supporters of the exclusionary rule argue that the rule is the only effective deterrent against which of the following?

A)judicial misconduct
B)prosecutor misconduct
C)courtroom misconduct
D)police misconduct

Question 12

What types of evidence must always be turned over by the prosecutor to the defense in virtually all jurisdictions?

A)all open files of any type
B)all exculpatory evidence and all impeachment evidence
C)all witness statements
D)all statements made by the defendant

Question 13

Which Amendment to the U.S.Constitution provides for protection against self-incrimination?

A)1st Amendment
B)4th Amendment
C)5th Amendment
D)6th Amendment

Question 14

What is the name of automatic discovery for certain types of evidence, without the necessity for motions and court orders?

A)reciprocal disclosure.
B)informal disclosure.
C)formal disclosure.
D)imperfect disclosure.

Question 15

In which of the following U.S.Supreme Court decisions was the exclusionary rule developed?

A)Miranda v.Arizona
B)Weeks v.U.S.
C)U.S.v.Miller
D)U.S.v.Salerno

Question 16

What is a key issue in the ongoing debate regarding the exclusionary rule?

A)costs of the rule
B)difficulty in implementing the rule
C)gains of the rule
D)there is no debate regarding the exclusionary rule

Question 17

The U.S.Supreme Court's ruling in Brady v.Maryland prevents the suppression of what type of evidence?

A)Incriminating
B)Exclamatory
C)Exculpatory
D)Confessions

Question 18

Which U.S.Supreme Court case held that police must inform suspects of their rights prior to custodial interrogation?

A)U.S.v.Miller
B)Texas v.Cobb
C)Miranda v.Arizona
D)Mapp v.Ohio

Question 19

Which of the following U.S.Supreme Court cases extended the exclusionary rule to the states?

A)Mapp v.Ohio
B)Terry v.Ohio
C)Marbury v.Madison
D)Burns v.Reed

Question 20

Discovery rules are vitally important to

A)prosecutors
B)defense attorneys
C)judges
D)juries

Question 21

Searches fall into two broad categories:

A)warrant and probable cause.
B)warrantless and reasonable suspicion.
C)warrant and warrantless.
D)bench warrant and affidavit.

Question 22

Which of the following is the primary requirement for a search warrant?

A)probable cause
B)good faith
C)reasonable suspicion
D)preponderance of the evidence

Question 23

During pretrial evidence suppression hearings, the burden of proof lies with the

A)police.
B)prosecutor.
C)defense attorney
D)judge.

Question 24

Why might Smith's conviction be overturned?

A)his constitutional rights were violated
B)he confessed due to duress
C)his conviction would not be overturned
D)he was not given advice about his constitutional rights

Question 25

Which Amendment to the U.S.Constitution prohibits unreasonable searches and seizures?

A)1st Amendment
B)4th Amendment
C)5th Amendment
D)6th Amendment

Question 26

All of the following are warrantless search except?

A)search with consent
B)search incident to lawful arrest
C)hidden view
D)plain view

Question 27

Discovery is used in which of the following kinds of cases?

A)criminal and civil cases
B)criminal cases
C)civil cases
D)none of these cases

Question 28

What is the name given to automatic discovery for certain types of evidence, without the necessity for motions and court orders?

A)cooperative disclosure
B)formal disclosure
C)formal mandated disclosure
D)reciprocal disclosure

Question 29

The exclusionary rule applies to

A)coerced confessions.
B)unnecessarily suggestive police lineups.
C)seizures of items during an unconstitutional search.
D)The exclusionary rule applies to all of these.

Question 30

What type of discovery concerns the exchange of mandated by rules of procedure or applicable law?

A)informal discovery
B)constitutional discovery
C)all types of discovery
D)formal discovery

Question 31

Since the prosecution bears the burden of persuasion to prove a defendant guilty beyond a reasonable doubt, and the defendant is protected against being forced to incriminate himself/herself, limits have been placed on what process?

A)pretrial motions
B)discovery in criminal cases
C)discovery in civil cases
D)discovery in all cases

Question 32

What rule prohibits the prosecutor from using illegally obtained evidence during a trial?

A)the Miranda rule
B)the discovery rule
C)the plain view rule
D)the exclusionary rule

Question 33

What rule prohibits the prosecutor from using illegally obtained evidence during a trial?

A)the exclusionary rule.
B)the discovery rule.
C)the alibi rule.
D)the suppression rule.

Question 34

What constitutional amendment(s) are important in Smith's case?

A)the Fourth and Fifth Amendments
B)the Fourth Amendment
C)the Fifth Amendment
D)the Eighth Amendment

Question 35

If Smith appealed his conviction, what Supreme Court case would most likely apply?

A)Weeks v.United States (1914).
B)Miranda v.Arizona (1966)
C)Mapp v.Ohio (1961).
D)Katz v.United States (1967)

Question 36

The decision to suppress evidence rests with the

A)trial judge.
B)prosecutor.
C)defense attorney.
D)appellate judge.

Question 37

What process is designed to give both parties to a legal dispute a good idea about the evidence that will be presented at trial?

A)exclusion
B)Miranda
C)plain view
D)discovery

Question 38

Arrest warrants may be issued by

A)chiefs of police.
B)prosecutors
C)judges.
D)defense attorneys.

Question 39

The Miranda warnings do not have to be given before law enforcement obtains

A)breath or blood samples.
B)handwriting samples.
C)fingerprints.
D)Miranda warnings are not required for any of these.

Question 40

Which of the following cases deals with "stop and frisk"?

A)Mapp v.Ohio
B)Terry v.Ohio
C)Wolf v.Colorado
D)Miranda v.Arizona

Question 41

The fruit of the poisonous tree doctrine always bars derivative evidence found as a result the violation of a defendant's constitutional right.

Question 42

Which of the following is not one of the exceptions to the warrant requirement?

A)Searches incident to lawful arrest.
B)Motor vehicle searches.
C)Consent searches.
D)Profile searches.

Question 43

The rules relating to pretrial discovery are uniform in all jurisdictions.

Question 44

If the defense had to disclose evidence to the prosecution, the privilege against self-incrimination would be rendered meaningless.

Question 45

If a police lineup is improperly conducted, the identification of the suspect may be excluded from evidence during trial pursuant to the exclusionary rule.

Question 46

The particularity requirement means that

A)warrants should be as detailed as possible.
B)applications for warrants should be as detailed as possible.
C)arrest warrants should be as detailed as possible.
D)search warrants should be as detailed as possible.

Question 47

The exclusionary rule bars evidence from being used in the prosecution's case-in-chief if it was obtained in violation of a defendant's constitutional rights.

Question 48

Before a suspect in police custody is interrogated, the suspect must be informed of his/her rights under the Fifth Amendment's Self-Incrimination Clause.

Question 49

One of the exceptions to the warrant requirement involves "exigent circumstances." What is the meaning of "exigent circumstances?"

A)Police may conduct warrantless searches when granted consent to search by someone with actual or apparent authority to grant such consent.
B)Police may conduct warrantless searches when incident to a lawful arrest.
C)Police may conduct warrantless searches when probable cause exists to search a motor vehicle.
D)Police may conduct warrantless searches when emergency situations make it impracticable for police to seek and obtain a warrant first.

Question 50

Reciprocal disclosure by the defense during discovery is limited because the Constitution affords certain fundamental protections to the defendant.

Question 51

Informal discovery occurs frequently because it often facilitates a prompt resolution of a dispute without the need for trial.

Question 52

Brady material consists of any exculpatory material that the prosecutor has and must be turned over to the defense prior to trial.

Question 53

Generally, when prosecutors adopt open discovery policies, pleas of guilty are entered more quickly.

Question 54

The vesting of warrant-issuing power in a neutral and detached judicial officer stems from the Supreme Court's mandate that warrants can be issued only by people who are not involved in the

A)activities of law enforcement.
B)activities of the court.
C)activities of justice officials.
D)activities of legal affairs.

Question 55

The Miranda decision created new rights for defendants and suspects.

Question 56

The most controversial of the U.S.Supreme Court's criminal justice decisions have concerned how the police gather evidence.

Question 57

Exculpatory evidence is any evidence that may be favorable to the defendant.

Question 58

Regardless of the area or persons to be searched, a few general rules must be followed during the execution of a search warrant.Which of the following is not one of those rules?

A)Search warrants must be executed in a timely manner.
B)The scope of law enforcement activities during the execution of the warrant must be strictly limited to achieving the objectives that are set forth with particularity in the warrant.
C)Search warrants can be executed at any time of day.
D)Law enforcement officers are generally required to knock-and-announce their presence, authority, and purpose before entering premises to execute a search warrant.

Question 59

Discovery is designed to give only the defense in a legal dispute a good idea about the evidence that will be presented at trial.

Question 60

All potentially exculpatory evidence must be disclosed to the defense.

Question 61

The majority of searches are conducted without a warrant.

Question 62

Supporters of the exclusionary rule argue that the rule is the only effective _____ against police misconduct.

Question 63

The _____ doctrine bars derivative evidence unless the evidence is so far attenuated from the constitutional violation that its use would not offend due process.

Question 64

Most states require that suppression motions be made prior to trial.

Question 65

If a search warrant is issued, the police must execute the warrant immediately.

Question 66

A(n) _____ defense means that the defendant claims the crime was committed while the s/he was somewhere else, and thus could not have been the perpetrator.

Question 67

The exclusionary rule requires exclusion of evidence obtained as a result of a _____ ?violation.

Question 68

The informal and formal exchange of information between prosecution and defense is referred to as _____.

Question 69

All potentially _____ evidence must be disclosed to the defense.

Question 70

The trial-court judge possesses virtually unfettered discretion in making findings of fact.

Question 71

The _____ rule bars evidence from being used in the prosecution's case-in-chief if it was obtained in violation of a defendant's constitutional rights.

Question 72

_____ evidence is any evidence that may be favorable to the defendant at trial either by tending to case doubt on the defendant's guilt or tending to mitigate the defendant's culpability, thereby potentially reducing the defendant's sentence.

Question 73

Miranda applies only to _____ interrogations.

Question 74

The Fourth Amendment prohibits the warrantless search and seizure of abandoned property.

Question 75

Rejection of search warrant applications by magistrates is a common occurrence.

Question 76

Once a police officer decides that a search warrant is necessary, the officer usually goes back to the station house to prepare the application, affidavit, and warrant.

Question 77

Before a suspect in police custody is interrogated, the suspect must be informed of his/her rights under the _____ Amendment's Self-Incrimination Clause.

Question 78

Supporters of the exclusionary rule argue that the rule is the only effective deterrent against police misconduct.

Question 79

Questions about the constitutionality of a search or seizure of evidence may cause a judge to rule on the credibility of testimony offered by law enforcement officers.

Question 80

The plain view doctrine has been expanded to cover other senses, such as "plain smell."