LAW 202 The US Supreme Court made the federal exclusionary rule mandatory for state courts

| April 14, 2018

Multiple Choice 1-10 (30 points)__B___1. The US Supreme Court made the federal exclusionary rule mandatory for state courts in: a. Mapp v. Ohio b. Weeks v. U.S. c. Miranda v. Arizona d. Settles v. Arizona e. none of the above___B___2. The Privilege against self incrimination is found in the a. Declaration of Independence b. Fifth Amendment c. Fourth Amendment d. Sixth Amendment e. none of the above__C___3. The Constitution’s ______________Clause and rule against hearsay protect similar values. A. self-incrimination b. ex post facto c. confrontation d. confirmation e. none of the above___D__4. Statements offered to prove which of the following would be hearsay? A. no knowledge of any information possessed by the defendant b. the declarant’s state of mind c. the effect of the statement on the hearer d. the declarant was told by the defendant’s mother that she saw the defendant pull the trigger and fire the fatal shot e. none of the above___D__5. The primary purpose of judicial notice is to a. protect the rights of defendants b. assure a fair trial for both parties c. give the judge more control over the proceedings d. save time and effort e. none of the above__C___6. Which of the following is a firmly rooted hearsay exception in the law of evidence? A. personal diaries b. statement of the accomplice c. excited utterance d. statements made while mentally incompetent e. none of the above_____7. The problem with hearsay testimony is that the person who actually saw the eventsa. may be dead b. is not on the witness stand c. cannot be subpoenaed d. may have a privilege against self-incrimination e. none of the above_____8. Testimony about statements made by a person to show that the person was mentally ill are a. not hearsay b. hearsay c. hearsay but are admissible because of the indicia of reliability d. are excludable under the case law e. none of the above_____9. The statement by a shooting victim just before they die would probably be admissible under the hearsay exception for a. victim statements b. murder witnesses c. statements for descriptions of present mental condition d. dying declarations e. none of the above_____10. To fall within the hearsay rule, the testimony must be offered to prove the a. credibility of the witness b. truth of the matter asserted in the statement c. the credibility of the declarant d. unavailability of the declarant e. none of the aboveTRUE AND FALSE 1-15 (30 points)_____1. The Fourth Amendment applies to private persons acting without any governmentinvolvement_____2. The exclusionary rule can apply to evidence obtained in violation of the 6thAmendment right to counsel__3. The law of hearsay evidence and its exceptions is relatively simple._____4. The general rule is that hearsay evidence is not admissible_____5. There is a hearsay exception for learned treaties that are established reliable sources_____6. If improper police conduct is failure to give a Miranda warning, the courts alwaysapplies the poisonous tree doctrine and suppresses the evidence obtained_____7. Documents may only be authenticated only be direct evidence_____8. A written document can not be hearsay evidence._____9. Janet, Liberty’s friend who is a homemaker, questions Liberty about her involvementin a murder. Liberty confesses that she killed their friend Independence. Theconfession should be suppressed because Miranda was not given._____10. The common law did not recognize dying declarations as an exception to the hearsayrule.____ 11. A copy of a document is never admissible only the original is..____12. Court orders for wiretapping and electronic eavesdropping are generally not required ifone party to the conversation consents____13. The fruit of the poisonous tree doctrine does not apply to physical evidence_____14. In general, suspects do have a right to privacy for their conversations that take place inpolice cars or jails._____15. Consent is always necessary for entry even if police are acting in emergencySituationsFILL-IN 1-10 (15 points)1. In the definition of hearsay, the ___________________ is the person who originally made the statement.2. Denial of _________________can result in abandonment3. The rule against hearsay and the _______________________ confrontation clause address similar problems4. Two requirements for a consent search are that the person consenting has the ____________and that consent was given 5. ___________________.Short Essay (15 points)What are the exceptions to obtaining a search warrant (list and explain)Short Essay (10 points)What is the poisonous fruit doctrine , give some examples

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