Question 1

As a general rule, defendants must challenge the admissibility of evidence as a pretrial motion to be allowed to appeal a conviction based on that evidence being allowed at trial.

Accepted Answer

Generally, defendants must raise objections to the admissibility of evidence before or during the trial through pretrial motions or objections at trial. Failing to do so typically waives their right to contest the evidence on appeal, as appellate courts often do not consider issues not raised at the trial level.

Question 2

Civilian review boards are only comprised of citizens.

Accepted Answer

Civilian review boards can include citizens, but they may also have law enforcement professionals, lawyers, and other experts as members to provide a balanced perspective on police conduct and policies.

Question 3

An opposing lawyer's attack on a witness's credibility during cross-examination is referred to as ______.

Accepted Answer

Impeachment is the term used to describe the process of challenging or attacking a witness's credibility during cross-examination in a legal context.

Question 4

The ______ provides that evidence that is unlawfully seized nevertheless is admissible where the police are able to demonstrate that the evidence was also obtained through independent and lawful means.

Accepted Answer

The independent source doctrine allows evidence that was initially discovered during an unlawful search to be admissible in court if it later was obtained independently through lawful means. This doctrine emphasizes the importance of the lawful method used to obtain the evidence, separate from the initial illegal search.

Question 5

Civil actions against the police and state governments must overcome a number of difficult barriers to be successful.

Accepted Answer

Civil actions against the police and state governments often face significant challenges such as qualified immunity for officers, sovereign immunity for government entities, and the need to meet high standards of proof.

Question 6

Which of the following tests for entrapment focuses on the predisposition of the defendant?

Accepted Answer

The subjective test for entrapment evaluates whether the defendant was predisposed to commit the crime, focusing on the defendant's mindset and willingness to engage in the criminal conduct prior to any government intervention.

Question 7

Direct evidence is evidence that is derived from the evidence that is directly seized.

Accepted Answer

Direct evidence directly proves a fact without the need for any inference or presumption, unlike the described method which involves deriving from other evidence.

Question 8

The exclusionary rule does not deter the police from disregarding constitutional procedures in future investigations.

Accepted Answer

The exclusionary rule is designed to deter police misconduct by disallowing evidence obtained in violation of a defendant's constitutional rights from being used in court. This serves as a deterrent against future violations.

Question 9

The Fourth Amendment protects individuals against unreasonable searches and seizures, and this safeguard would be seriously weakened if evidence seized in an unreasonable search is used against an accused at trial.

Accepted Answer

The exclusionary rule, which is derived from the Fourth Amendment, prevents evidence obtained from an unreasonable search or seizure from being used in court against the accused, thereby upholding the amendment's protections.

Question 10

A majority of states follow which test for entrapment?

Accepted Answer

The subjective test for entrapment focuses on the defendant's predisposition to commit the crime, which is the approach a majority of states in the U.S. follow.

Question 11

Evidence obtained resulting from an unlawful search may be used if it can be shown more likely than not that the police would have eventually discovered the evidence in a similar condition by means of the ______ rule.

Accepted Answer

The correct answer is the "inevitable discovery" rule, which allows evidence obtained from an unlawful search to be used if it can be shown that the police would have eventually discovered the evidence legally.

Question 12

Entrapment is a defense to a criminal charge that is available to defendants who allege that they were induced to commit a crime by the government.

Accepted Answer

Entrapment occurs when law enforcement agents induce a person to commit a crime that they otherwise would not have been predisposed to commit. It is a defense because it aims to protect individuals from being unfairly coerced or tempted into committing crimes by the government.

Question 13

Unlawfully seized evidence, inadmissible at trial, can be considered during a habeas corpus hearing.

Accepted Answer

During a habeas corpus hearing, the court can consider evidence that may have been unlawfully seized and would be inadmissible at trial, as the focus is on the legality of the detention, not the admissibility of evidence per trial standards.

Question 14

The federal courts follow which test for entrapment?

Accepted Answer

The subjective test is used by federal courts to determine entrapment. This test focuses on the defendant's predisposition to commit the crime, rather than the government's conduct.

Question 15

Evidence obtained unlawfully may be used at trial to impeach the credibility of ______.

Accepted Answer

Unlawfully obtained evidence can be used to impeach the credibility of the defendant if they testify, as established by the U.S. Supreme Court in cases like United States v. Havens.

Question 16

All of the following are considered to be criticisms of entrapment except ______.

Accepted Answer

Entrapment criticisms typically focus on the government's role in encouraging or inducing individuals to commit crimes they otherwise wouldn't, not on deterring crime. The idea of deterrence (choice B) is generally seen as a goal of law enforcement, not a criticism of entrapment tactics.

Question 17

Research conducted by Thomas Davies indicates that ______ of all felony arrests are either not prosecuted or result in nonconviction at trial due to loss of evidence from the exclusionary rule.

Accepted Answer

Research by Thomas Davies found that less than 3% of all felony arrests are either not prosecuted or result in nonconviction at trial due to loss of evidence from the exclusionary rule.

Question 18

The exclusionary rule provides that evidence that is obtained as a result of a violation of the Fourth Amendment prohibition on unreasonable searches and seizures is inadmissible in a criminal prosecution to establish a defendant's guilt.

Accepted Answer

The exclusionary rule is a legal principle in the United States that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This rule is derived from the Fourth Amendment, which protects against unreasonable searches and seizures, ensuring that evidence obtained in such a manner cannot be used to convict someone in a criminal trial.

Question 19

Which of the following tests for entrapment focuses on the actions of the police?

Accepted Answer

The objective test for entrapment focuses on the actions of the police rather than the predisposition of the defendant. It examines whether the police's conduct would have induced a normally law-abiding person to commit a crime.

Question 20

Historically, some jurisdictions have allowed civilians to sit on a board of review of police conduct to investigate cases of suspected abuse of authority, with the power to enact disciplinary action if necessary.

Accepted Answer

Civilian review boards have been established in various jurisdictions to provide oversight of police conduct, allowing civilians to review cases of suspected abuse of authority and, in some instances, recommend or enact disciplinary actions.

Quiz 10: The Exclusionary Rule and Entrapment