Question 1

Harmless error is when evidence erroneously admitted by the trial court did contribute to the conviction.

Accepted Answer

Harmless error is when evidence erroneously admitted by the trial court did NOT contribute to the conviction.

Question 2

The fruit of the poisonous tree doctrine was developed to apply the exclusionary rule to evidence obtained based on illegally obtained primary evidence.Is this a good rule? Why?

Accepted Answer

The answer of The fruit of the poisonous tree doctrine...

Question 3

The exclusionary rules does not apply to fruit of the poisonous tree.

Accepted Answer

The exclusionary rule does apply to the fruit of the poisonous tree, meaning that any evidence obtained as a result of an unconstitutional search or seizure is also inadmissible in court.

Question 4

Purged taint is when the defendant's subsequent voluntary act dissipates the taint of the initial illegality.

Accepted Answer

Purged taint is a legal concept where the defendant's subsequent voluntary act can remove or dissipate the taint of the initial illegality. This means that evidence obtained illegally may be admissible in court if the defendant's subsequent actions remove the illegality of the evidence.

Question 5

Which of the following options for the exclusionary rule do you think is best? Explain your position.
A.Totally abolish the exclusionary rule
B.Create more exceptions to the exclusionary rule
C.Abolish the exceptions to the exclusionary rule

Accepted Answer

The answer of Which of the following options for the...

Question 6

There are limitations to what prisoners can claim under habeas corpus

Accepted Answer

While habeas corpus allows prisoners to challenge the legality of their confinement or conditions of their imprisonment, there are certain limitations to what they can claim. For example, they cannot use habeas corpus to challenge the length of their sentence if it was imposed in accordance with the law.

Question 7

What was the effect of Mapp v.Ohio upon the criminal justice system?

Accepted Answer

The answer of What was the effect of Mapp v.Ohio...

Question 8

The exclusionary rule was first applied to state prosecutions in Weeks v.United States.

Accepted Answer

The exclusionary rule was first applied to state prosecutions in Mapp v. Ohio (1961), not in Weeks v. United States, which applied the rule to federal prosecutions.

Question 9

Standing is a legal concept that determines whether a person can legally file a lawsuit.

Accepted Answer

This is correct. Standing requires a person to have a sufficient connection to, or harm from, the law or action being challenged in order to bring a lawsuit.

Question 10

Other than exclusion of evidence,what are some of the other consequences of police conduct that violates the Fourth Amendment? Provide examples.Are these other consequences enough to warrant the abandonment of the exclusionary rule? Explain your answer.

Accepted Answer

The answer of Other than exclusion of evidence,what are some...

Question 11

The exclusionary rule applies to illegally seized evidence (the primary evidence).

Accepted Answer

The exclusionary rule is a legal principle that holds that evidence obtained through illegal search and seizure is not admissible in court. Therefore, the rule applies to illegally seized evidence (the primary evidence).

Question 12

The exclusionary rule was fashioned to deter police misconduct.The Supreme Court has refused to apply it to cases where the misconduct was not by the police.Should the exclusionary rule be extended to other public officers__________besides the police? Why or why not? If so,to what other public officers should the rule apply?

Accepted Answer

The answer of The exclusionary rule was fashioned to deter...

Question 13

The exclusionary rule was first applied to federal prosecutions in Mapp v.Ohio.

Accepted Answer

The exclusionary rule was first applied to federal prosecutions in Weeks v. United States (1914), not Mapp v. Ohio, which applied the rule to the states in 1961.

Question 14

Discuss two reasons why the exclusionary rule may not deter police misconduct.Give an example of each.

Accepted Answer

The answer of Discuss two reasons why the exclusionary rule...

Question 15

Is the Fourth Amendment exclusionary rule weaker or stronger today compared to the periods of the Weeks and Mapp decisions? Why has this occurred? Do you think this is a good or bad trend? Explain your position and provide examples.

Accepted Answer

The answer of Is the Fourth Amendment exclusionary rule weaker...

Question 16

Fruit of the poisonous tree evidence is excludable under the exclusionary rule.

Accepted Answer

Fruit of the poisonous tree evidence is evidence that is derived from an illegal or unconstitutional search, seizure or interrogation. This evidence is considered tainted and is excludable under the exclusionary rule, which prohibits the use of illegally obtained evidence in a criminal trial.

Question 17

Illegally seized evidence is excludable under the exclusionary rule.

Accepted Answer

The exclusionary rule states that any evidence obtained illegally by law enforcement cannot be used against a defendant in court. This includes evidence obtained through an illegal seizure.

Question 18

The exclusionary rule is judge-made.Should judges have such power? Why?

Accepted Answer

The answer of The exclusionary rule is judge-made.Should judges have...

Question 19

Give three arguments in favor of the exclusionary rule as it currently stands,and three arguments against it.Then explain your position on the issue,supporting it with logical examples.

Accepted Answer

The answer of Give three arguments in favor of the...

Question 20

Determining when the connection between an illegal arrest and a confession has been broken is difficult.Discuss the issues involved in determining when the connection has been broken.Why is it difficult to determine?

Accepted Answer

The answer of Determining when the connection between an illegal...

Quiz 4: The Exclusionary Rule