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crj 104 test 2 > test2 > Flashcards

test2 Flashcards

1
Q

What is the definition of Hearsay

A

A statement the declarant made except while testifying

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2
Q

Chimel Rule

A

Span of control (arms Reach)

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3
Q

Dying Declaration Rule : The Declarant ____

A

believes death is imminent and statement relates to cause.

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4
Q

The hearsay rule applies to documents True or False

A

True

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5
Q

Who writes an affiavit /or warrant (Search and or Arrest)

A

Law enforcement

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6
Q

Can “excited utterance”3 days after the attack be admitted under the various exceptions?

A

This would not be an exception due to the lapsed time.

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7
Q

Case Law “ Week V. United States”

A

Exclusionary Rule

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8
Q

After the police serve a search warrant they are done True or False?

A

FALSE: The judge needs to see a Return on Search Warrant

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9
Q

The police check a house and find a murder victim. They continue searching for evidence

A

Need search warrant (except search for other victim/suspect)

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10
Q

Husband/ Wife Privilege has 0 Exceptions T or F

A

FALSE: Crimes, Child Abuse, Bigamy are exceptions.

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11
Q

If the document is an antique 100+ years old nothing forensic can do True or False

A

False

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12
Q

Bill of rights Question 4th Amendment?

A

Unreasonable Search and Seizure

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13
Q

Totality of circumstances = Probable Cause is from __ v __

A

Illinois v. Gates

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14
Q

Case Law: Mapp v. Ohio

A

Applies Exclusionary Rule to all levels of law enforcement

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15
Q

In Attorney Client Privilege who controls it ?

A

The client

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16
Q

Searching a house for officer safety purposes is an example of

A

Protective Sweep Doctrine.

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17
Q

In our opening Subpoena Duces Tecum exercise your document can only be authenticated by you True or Fakse

A

False

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18
Q

How much detail is required in a affidavit for a search warrant

A

Probable Cause

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19
Q

What is exigency

A

Urgent need or demand.

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20
Q

In a situation with multiple suspects only the one most involved can be arrested.. True or False

A

FALSE: If there is sufficient cause they can all be charged

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21
Q

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.

A

Hands Off Policy

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22
Q

All arrests must be based upon

A

Probable Cause

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23
Q

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.

A

Terry V Ohio

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24
Q

____ is the level of evidence that a police officer needs in order to conduct a “stop and frisk.”

A

Reasonable Suspicion

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25
Q

The exclusionary rule was originally established in the U.S. Supreme Court case of ____ V ____

A

Week V US

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26
Q

____ V ____ was the 1961 Supreme Court case that made the exclusionary rule applicable to all police officers in the United States.

A

Mapp V Ohio

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27
Q

The good faith exception and the inevitable discovery exception are both exceptions to the ___

A

Exclusionary Rule

28
Q

______ allows an officer to conduct a complete search of an arrested person as well the area within their immediate control.

A

Search Incident to a Lawful Arrest

29
Q

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.

A

Plain View

30
Q

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.

A

Carroll V US

31
Q

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

A

1936

32
Q

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 _______ _______

A

Custodial setting

33
Q

Rule Of 4

A

In order for a case to be accepted for review, at least four of the Justices must agree to hear the case.

34
Q

The two primary divisions of the court system in the United States are the

A

Civil Courts & Criminal

35
Q

A ____ is a civil wrong.

A

Tort

36
Q

A _____ is the territory, subject matter, or persons over which a court has legal authority to hear and decide a certain type of case.

A

Jurisdiction

37
Q

Article ______ , Section ____ of the U.S. Constitution specifically creates the United States Supreme Court

A

Article III Section 1

38
Q

The federal court system is a ___ tier system.

A

3

39
Q

The trial court in the federal court system is the ____ court

A

District Court

40
Q

There are ____ Regional Circuit Courts of Appeal in the federal court system.

A

94

41
Q

______ ______ is the current Chief Justice of the United States Supreme Court

A

John G Roberts JR.

42
Q

Once a case is accepted for review by the U.S. Supreme Court, the Court issues a ____ ____ ____

A

writ of certiorari

43
Q

In states that have a two tiered court system, appeals from the trial court go directly to the court of ____ within that state.

A

Highest Court

44
Q

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 _____

A

Bail

45
Q

The __________ is the first time the defendant is brought before the court that has the jurisdiction to actually conduct the trial

A

arraignment

46
Q

The __________ Amendment guarantees the right to a speedy trial as well as the right to counsel

A

6th

47
Q

The __________ is the group of prospective jurors summoned by the court to report at a specified
date and time.

A

Venire

48
Q

The burden of proof in a criminal trial is always on the

A

Prosecution

49
Q

The questioning of prospective jurors to determine their qualifications to serve on the jury is called the

A

Voir Dire

50
Q

The report that is filed with the court prior to sentencing by the probation department is called the

A

PSI (Presentence Report)

51
Q

______ sentencing is a fixed term of incarceration.

A

Prison

52
Q

_______ _____ 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.

A

Mandatory Sentencing

53
Q

If a judge sentences two or more counts to run one after another, it is called a ___________ sentence

A

Consecutive

54
Q

The __________ Amendment establishes the guarantee against “cruel and unusual punishment

A

8th

55
Q

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

A

Furman V Georgia

56
Q

The most common method of legal execution in the United States in

A

Lethal Injection

57
Q

Founder of Pennsylvania and leader of the Quakers

A

William Penn

58
Q

The first true “penitentiary” in the United States was called the

A

Walnut Street Jail

59
Q

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.

A

Auburn

60
Q

_____ are local facilities that are usually run by municipalities and counties.

A

Jails

61
Q

_____ are long term facilities that are run by the state or the federal government.

A

Prisons

62
Q

An assessment of a prisoner’s risks and needs is referred to as ____

A

Classification

63
Q

The most common security levels of prisons in the United States are the ___ security prisons.

A

Medium

64
Q

The punishment philosophy of _____ ______ focuses on the needs of the victim, society, and the offender.

A

Restorative Justice

65
Q

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 ____

A

Retribution

66
Q

_____ is the philosophy that is premised on the idea that criminals can be “cured” and made to change their criminal ways.

A

Rehabilitation

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