Quiz

Question 0

When can the government compel answers from a criminal defendant?

Answer 0

• During questioning,
• in written documents,
• when a person is threatened with non-criminal sanctions by failing to testify

Question 1

A waiver of Miranda must be __________ and _______, according to garner v. United States

Answer 1

Voluntary and intelligently

Question 2

List and describe the two forms of immunity recognized by the courts

Answer 2

• Use & derivative use: immunizes only answers to the questions asked
• Transactional: extends immunity to matters discussed far beyond the scope of the questions asked.

Question 3

Distinguish a confession from an admission

Answer 3

Confession: occurs when a person implicates him or herself in criminal activity following police questioning and/or interrogation.
Admission: a person can simply admit to involvement in a crime without any police encouragement.

Question 4

List the three amendments that protect admissions and confessions

Answer 4

Fifth–self incrimination clause
Sixth-right to counsel clause
14th–due process clause

Question 5

The Miranda rights are required when there is ______ and ________

Answer 5

Custody and interrogation

Question 6

Explain the function and justification of the public safety exception to Miranda

Answer 6

It could be used if a threat to public safety exists

Question 7

Who has the burden of proof and what is the required standard to prove a waiver of Miranda?

Answer 7

Falls on prosecution and preponderance of evidence

Question 8

Can police use trickery to obtain a waiver of Miranda

Answer 8

No it must be voluntary and intelligent

Question 9

List and describe the three most common types of identification procedures.

Answer 9

Lineup—-which is a group of similar people
Show up–which is when they go look for the suspect somewhere they might be
Photo array– which is when the suspect is picked put of a picture lineup

Question 10

List and describe the five I’s of incompetency under English common law

Answer 10

• Interest
• infancy
• insanity
• idolatry
• infancy

Question 11

Do the common law categories still apply today?

Answer 11

No everyone’s presumed to be competent

Question 12

Can an insane person testify today?

Answer 12

Yes as long as competent

Question 13

Explain how the 5th amendment supports the spousal privilege

Answer 13

Because of self incrimination and by a marriage being a single entity

Question 14

In which two situations may the witness religious beliefs be brought be brought up in court

Answer 14

Voir dire and impeachment

Question 15

Distinguish between corroborative evidence and cumulative evidence

Answer 15

Corroborative is supporting evidence not duplicative

Cumulative is evidence that repeats what’s already known

Question 16

Distinguish witness competency from witness credibility

Answer 16

Competency means if the person is able to understand what is right
Credibility should the person be believed

Question 17

List and describe the five well established reasons for attacking witness credibility

Answer 17

Bias or prejudice
Prior conviction
Uncharged crimes and immoral acts
Prior inconsistent statements
Inability to observe
Reputation

Question 18

Can a defendants past convictions ever be introduced at trial?

Answer 18

Yes if the defense opens the door

Question 19

Which two sections of the 6th amendment deal with examination of witness

Answer 19

Confrontation and compel

Question 20

When are leading questions allowed on direct examination?

Answer 20

• undisputed matters
• difficult witnesses
• refresh recollection
• hostile witness
• fact v. law

Question 21

Distinguish between formal and substantive objections

Answer 21

Substantive are dealing with a rule of evidence

Formal is an objection as to form

Question 22

What are the stages of the criminal trial

Answer 22

• Opening statements
• presentation of case
• rebuttal
• rejoinder
• closing arguments

Question 23

Distinguish between lay and expert witnesses

Answer 23

An expert witness is knowledgable about a specific subject and can be degreed or non degreed

A lay witness is an ordinary person with personal knowledge about the case

Question 24

In Miranda vs Arizona what was Miranda convicted of?

Answer 24

Kidnapping, rape, robbery, burglary

Question 25

What are 3 things considered when a child is a witness?

Answer 25

1. Ability to understand the truth
2. Ability to observe/recall
3. Communicate effectively

Question 26

What is the difference between questioning and interrogation?

Answer 26

Questioning: establishing facts
Interrogation: entrapping question to incriminate

Question 27

What are three excuse for warrant less vehicle search when impounded

Answer 27

• police safety
• protection against false claims
• protect owners property

Question 28

What is the purpose of impeachment

Answer 28

To discredit the witness credibility

Question 29

What is the difference between a leading question and a specific question

Answer 29

Leading: try’s to establish something beforehand
Specific: direct

Question 30

Garner vs. u.s.

Answer 30

Miranda waiver