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Exam 11: Disclosing and Suppressing Evidence

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Question 1

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Which of the following actors would be in favor of broader discovery laws?

A) prosecutors
B) judges
C) defense attorney
D) police officers

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Question 2

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Evidence appears to suggest that the exclusionary rule has what effect on the criminal court system?

A) a marginal effect
B) no effect
C) a significant effect
D) a small but significant effect

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Question 3

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What is a key issue in the ongoing debate regarding the exclusionary rule?

What process is designed to give both parties to a legal dispute a good idea about the evidence that will be presented at trial?

The _____ doctrine bars derivative evidence unless the evidence is so far attenuated from the constitutional violation that its use would not offend due process.

Discovery is used in which of the following kinds of cases?

Closed discovery encourages

The Fourth Amendment does not prohibit the _____ search and seizure of abandoned property.

Since the prosecution bears the burden of persuasion to prove a defendant guilty beyond a reasonable doubt, and the defendant is protected against being forced to incriminate himself/herself, limits have been placed on what process?

Describe the requirements for the application for search warrants, the issuance of search warrants, and the execution of search warrants.

A search warrant is a written document, signed by a judge or magistrate, authorizing a law enforcement officer to conduct a search. The Fourth Amendment specifies that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the Persons or things to be seized.” In light of the plain language of the Fourth Amendment, search warrants issued by a neutral judicial officer are the preferred mechanism for authorizing and conducting searches and seizures in the United States. -The vesting of warrant-issuing power in a neutral and detached judicial officer stems from the Supreme Court's mandate that warrants can be issued only by people who are not involved in the

The informal and formal exchange of information between the prosecutor and the defense attorney prior to trial is called what?

_____ evidence is any evidence that may be favorable to the defendant at trial either by tending to case doubt on the defendant's guilt or tending to mitigate the defendant's culpability, thereby potentially reducing the defendant's sentence.

The Miranda decision created new rights for defendants and suspects.

Explain why most searches by law enforcement are legally conducted without a search warrant.

What legal doctrine was established to control police misconduct?

A(n) _____ defense means that the defendant claims the crime was committed while the s/he was somewhere else, and thus could not have been the perpetrator.

Exculpatory evidence is any evidence that may be favorable to the defendant.

The trial-court judge possesses virtually unfettered discretion in making findings of fact.

Pursuant to the mandates of the plain text of the Constitution, the Supreme Court held in Katz v. United States (1967, p. 357) , that warrantless searches “are per se unreasonable under the Fourth Amendment subject only to a few specifically established and well-delineated exceptions.” Accordingly, warrants play a very important role in criminal procedure. It might therefore come as a surprise to many people that the majority of searches are conducted without a warrant under one of the recognized exceptions to the warrant requirement. -Which of the following is not one of the exceptions to the warrant requirement?