test2 Flashcards
What is the definition of Hearsay
A statement the declarant made except while testifying
Chimel Rule
Span of control (arms Reach)
Dying Declaration Rule : The Declarant ____
believes death is imminent and statement relates to cause.
The hearsay rule applies to documents True or False
True
Who writes an affiavit /or warrant (Search and or Arrest)
Law enforcement
Can “excited utterance”3 days after the attack be admitted under the various exceptions?
This would not be an exception due to the lapsed time.
Case Law “ Week V. United States”
Exclusionary Rule
After the police serve a search warrant they are done True or False?
FALSE: The judge needs to see a Return on Search Warrant
The police check a house and find a murder victim. They continue searching for evidence
Need search warrant (except search for other victim/suspect)
Husband/ Wife Privilege has 0 Exceptions T or F
FALSE: Crimes, Child Abuse, Bigamy are exceptions.
If the document is an antique 100+ years old nothing forensic can do True or False
False
Bill of rights Question 4th Amendment?
Unreasonable Search and Seizure
Totality of circumstances = Probable Cause is from __ v __
Illinois v. Gates
Case Law: Mapp v. Ohio
Applies Exclusionary Rule to all levels of law enforcement
In Attorney Client Privilege who controls it ?
The client
Searching a house for officer safety purposes is an example of
Protective Sweep Doctrine.
In our opening Subpoena Duces Tecum exercise your document can only be authenticated by you True or Fakse
False
How much detail is required in a affidavit for a search warrant
Probable Cause
What is exigency
Urgent need or demand.
In a situation with multiple suspects only the one most involved can be arrested.. True or False
FALSE: If there is sufficient cause they can all be charged
Prior to the 1960s, the United States Supreme Court maintained a ____ policy when it came
to interfering with the procedures used by state and local police.
Hands Off Policy
All arrests must be based upon
Probable Cause
In the 1968 case of , the U.S. Supreme Court ruled that a police officer may, under certain conditions, lawfully detain a suspect without arresting them.
Terry V Ohio
____ is the level of evidence that a police officer needs in order to conduct a “stop and frisk.”
Reasonable Suspicion
The exclusionary rule was originally established in the U.S. Supreme Court case of ____ V ____
Week V US
____ V ____ was the 1961 Supreme Court case that made the exclusionary rule applicable to all police officers in the United States.
Mapp V Ohio
The good faith exception and the inevitable discovery exception are both exceptions to the ___
Exclusionary Rule
______ allows an officer to conduct a complete search of an arrested person as well the area within their immediate control.
Search Incident to a Lawful Arrest
The ____ _____doctrine states that if a police officer is lawfully at a location and he sees contraband within his view, he may seize it without a warrant.
Plain View
In the 1925 Supreme Court case of ____ V _____, the Court first recognized that vehicles are highly mobile and police do not usually have time to obtain a search warrant.
Carroll V US
It wasn’t until when in the case of Brown v. Mississippi that the Supreme Court recognized that police could not coerce or physically abuse suspects in order to obtain a confession
1936
The Miranda Rights are required to be given to a suspect prior to any questioning, when the suspect is going to be questioned in a _______ _______
Custodial setting
Rule Of 4
In order for a case to be accepted for review, at least four of the Justices must agree to hear the case.
The two primary divisions of the court system in the United States are the
Civil Courts & Criminal
A ____ is a civil wrong.
Tort
A _____ is the territory, subject matter, or persons over which a court has legal authority to hear and decide a certain type of case.
Jurisdiction
Article ______ , Section ____ of the U.S. Constitution specifically creates the United States Supreme Court
Article III Section 1
The federal court system is a ___ tier system.
3
The trial court in the federal court system is the ____ court
District Court
There are ____ Regional Circuit Courts of Appeal in the federal court system.
94
______ ______ is the current Chief Justice of the United States Supreme Court
John G Roberts JR.
Once a case is accepted for review by the U.S. Supreme Court, the Court issues a ____ ____ ____
writ of certiorari
In states that have a two tiered court system, appeals from the trial court go directly to the court of ____ within that state.
Highest Court
The posting of money, property, or other collateral, by an arrested person to guarantee that they will
appear in court to answer the charges against them is called _____
Bail
The __________ is the first time the defendant is brought before the court that has the jurisdiction to actually conduct the trial
arraignment
The __________ Amendment guarantees the right to a speedy trial as well as the right to counsel
6th
The __________ is the group of prospective jurors summoned by the court to report at a specified
date and time.
Venire
The burden of proof in a criminal trial is always on the
Prosecution
The questioning of prospective jurors to determine their qualifications to serve on the jury is called the
Voir Dire
The report that is filed with the court prior to sentencing by the probation department is called the
PSI (Presentence Report)
______ sentencing is a fixed term of incarceration.
Prison
_______ _____ circumstances are factors that relate to the commission of a specific crime that causes its severity to be greater than that of a typical instance of the same type of offense.
Mandatory Sentencing
If a judge sentences two or more counts to run one after another, it is called a ___________ sentence
Consecutive
The __________ Amendment establishes the guarantee against “cruel and unusual punishment
8th
In 1972 the U. S. Supreme Court ruled in the case of __________ that the death penalty was often used in an arbitrary manner and was disproportionally used on race and not on the seriousness of the crime
Furman V Georgia
The most common method of legal execution in the United States in
Lethal Injection
Founder of Pennsylvania and leader of the Quakers
William Penn
The first true “penitentiary” in the United States was called the
Walnut Street Jail
Sing Sing prison in New York is an example of the ____ System that was a model for more than thirty state prisons throughout the eighteenth century.
Auburn
_____ are local facilities that are usually run by municipalities and counties.
Jails
_____ are long term facilities that are run by the state or the federal government.
Prisons
An assessment of a prisoner’s risks and needs is referred to as ____
Classification
The most common security levels of prisons in the United States are the ___ security prisons.
Medium
The punishment philosophy of _____ ______ focuses on the needs of the victim, society, and the offender.
Restorative Justice
The concept of lex talionis or “an eye for an eye” is based on the early philosophy that punishment should equal the crime. Today we refer to this philosophy as ____
Retribution
_____ is the philosophy that is premised on the idea that criminals can be “cured” and made to change their criminal ways.
Rehabilitation
