BCG380 Unit 4 Assessment
1. Which of the following in NOT an exception to or exemption from the hearsay rule?
Answer
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Statements offered to prove the truth of some matter |
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Statements made by a declarant who thinks he or she is dying |
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Statements made spontaneously during an emergency |
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Business or public records |
4 points
Question 2
1.
The __________ is an exception to the Exclusionary Rule and allows statements taken in violation of Miranda rights or the Fourth Amendment to be used at trial to impeach the testimony of the accused.
Answer
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Self-incrimination Exception |
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Impeachment Exception |
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Critical Stage Exception |
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Right to Counsel Exception |
4 points
Question 3
1.
This case of Miranda v. Arizona imposes certain requirements on law enforcement in regards to interrogating criminal suspects. One of the requirements is to inform the suspect that he or she has the right to remain silent. Which of the following is NOT one of remaining three rights of which the suspect must be informed?
Answer
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That anything the suspect says may be used in court against him or her |
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That the suspect has the right to have counsel present during questioning |
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That counsel will be appointed for the suspect if he or she cannot afford one |
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That the suspect has the right to confront any witness that will testify against him or her |
4 points
Question 4
1.
A defendant’s statement is a(n) __________ when the statement is a conscious acknowledgement of guilt.
Answer
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admission |
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confession |
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affirmation |
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accusation |
4 points
Question 5
1.
The __________ must decide the admissibility of any statement claimed to be a dying declaration.
Answer
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jury |
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judge |
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prosecutor |
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court bailiff |
4 points
Question 6
1.
All of the following statements by witnesses are exempt from the hearsay rule EXCEPT:
Answer
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prior inconsistent statements. |
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prior consistent statements. |
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statements of recent identification of a person. |
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past recollection recorded. |
4 points
Question 7
1.
The court in Patane affirmed the notion that any statement obtained in violation of Miranda will be excluded from trial, but the court went on to find that the introduction of non-testimonial evidence obtained as a result of voluntary statements made despite the lack of a Miranda warning:
Answer
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must be barred from trial because of the Exclusionary Rule. |
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may be admitted only if the suspect signs a waiver. |
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does not violate a suspect’s constitutional or Miranda rights and may be introduced at trial. |
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is not subject to the Discovery Rule. |
4 points
Question 8
1.
The __________ dictates that any evidence that is obtained in violation of any constitutional provision relating to criminal procedure will be excluded from use in a criminal trial. Thus any confession made by a suspect, in custody, before the suspect is read his or her Miranda rights is not admissible.
Answer
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Exclusionary Rule |
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Self-incrimination Rule |
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[removed] |
Coercive Rule |
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First Amendment Rule |
4 points
Question 9
1.
There are several exceptions to the hearsay rule that will allow the use of certain statements at trial. All of the following statements taken from victims and witnesses who are not available for cross-examination and who have not previously been cross-examined by the defendant may be used at trial EXCEPT:
Answer
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statements made to assist police to meet an ongoing emergency. |
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statements qualifying as dying declarations. |
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statements relating to what someone else said. |
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statements made by a victim or witness who is prevented from appearing in court because of some intentional act of the defendant intended to prevent them from testifying against the defendant. |
4 points
Question 10
1.
A key principle underlying the hearsay rule is that the court prefers that the person who makes a statement, the declarant, be present in court, under oath, and subject to cross-examination. The reason for this preference is so that the judge or jury can:
Answer
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evaluate the declarant’s sincerity and credibility. |
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determine if the testimony is self-incriminating. |
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determine if the testimony qualifies as a dying declaration. |
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clarify any wrong-doing on the part of the prosecutor. |
