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Criminal Justice Exam, Quiz Example

Pages: 4

Words: 1176

Quiz

(TCO1) To what extent does the Fourth Amendment influence the U.S. legal system? (Points : 24)

The Fourth Amendment influenced the U.S. legal system because it a in which people would be protected from unlawful detainment, inquiry, and searches. It introduced the concept of probable cause which is necessary because it both protects personal rights and promotes safety of the community. This amendment also worked to protect privacy of the citizens. Overtime, the precise meaning of this amendment has been changed as a result of case law and new applications that the forefathers could not have predicted. For example, the case of Olmstead vs. US has been reversed in order to ensure people privacy on electronic devices.

(TCO2) Explain the process of jury selection including challenges for cause and peremptory challenges. (Points : 24)

The jury pool, also known as the venire, is randomly selected from the community using information retrieved from voter registrations and state identification. A group of jurors are selected from this group and they are randomly asked to sit in the jury box and are questioned by the judge and/or attorneys. The judge or attorney can then ask for a peremptory challenge in which potential jurors are rejected due to having an unfavorable bias. The attorney or judge can also deny a potential juror because of cause as a result of a belief that the juror cannot be fair, unbiased, or capable of serving this position.

(TCO3) Circumstantial evidence may be used to infer guilt in many different situations, but it may not be used in those situations in which an individual invokes a right that is guaranteed by the Constitution, extended by the state, or upheld by the courts. Describe those situations where inferences may not be drawn. (Points : 24)

Inferences may not be drawn from circumstantial evidence in two situations. The first situation in which inferences may not be drawn is when the circumstantial evidence is delivered as heresay from person to person because you are not allowed to bare witness for something to what he or she heard another person say. Second, inferences may not be drawn from evidence that was obtained illegally; if information was obtained without a warrant or from spousal privilege, it cannot be used.

(TCO4) Briefly describe the types of warrants. (Points : 24)

The types of warrants include arrest warrants, execution warrant, possessory warrant, search warrant. An arrest warrant is issued by a judge to detain someone, an execution warrant is issued by a judge authorizing the death penalty, a possessory warrant is a civil writ issued by a judge ordering property delivered to a specific person, and a search warrant is issued by a judge and allows law enforcement officers to look inside a property.

(TCO4) According to the U.S. Supreme Court, how is compulsory self-identification not a violation of the Fourth and Fifth Amendments? (Points : 24)

According to the U.S. Supreme Court in the case of Hiibel v. Sixth Judicial District Court of Nevada, the Fourth, Fifth, and Fourteenth Amendments do not allow people the right to refuse to provide identification when questioned by police where a state’s stop and identify statutes require this information to be disclosed. The court ruled that this did not violate the fourth amendment because “it served an important government interest, it was immediately relevant to the original purpose of a Terry stop, the threat of criminal sanction was necessary for compliance, and such a request would not alter the nature of the stop itself”. In addition, the Supreme Court ruled that this didn’t violate the Fifth Amendment because the disclosure of identity did not pose a danger of self-incrimination.

(TCO5) Explain how the confessions of co-conspirators or co-defendants relate to the confrontation clause of the Sixth Amendment. (Points : 24)

The confrontation clause of the Sixth Amendment allows cross-examination of all people who are providing evidence against the defendant. The introduction of statements made by co-conspirators or co-defendants is therefore allowed only in special circumstances. In both cases, independent corroboration is required because it is assumed that these individuals are untrustworthy. Statements from the co-defendants are only allowed if they take, the stand during the trial, the defendant and co-defendant are tried separately, references to the defendant are omitted from the testimony, and charges against the defendant are dropped.

(TCO6) List and briefly describe the three qualifications of witnesses. (Points : 24)

The three qualifications of witnesses is that they must have personal knowledge of the case, they must take an oath promising to tell the truth, they must demonstrate competency in their ability to understand and communicate the facts of the case. Personal knowledge could include having seen the case first hand or holding some kind of professional skill that is useful to the interpretation of evidence. The oath must be recited before the witness delivers his or her testimony; they must be physically and mentally capable of doing so, which is related to the last requirement, that they have the ability to understand the case and communicate their knowledge.

(TCO7) How are prior statements not considered hearsay? What are the qualifications needed to regard prior statements as nonhearsay? (Points : 24)

A prior statement is not considered hearsay if the person who made the statement is testifying and will be subject to cross-examination. The statement is nonhearsay if the court discovers that the prior statement is not consistent with the declarant’s testimony and the previous statement was given under oath, if the prior statement is consistent with the testimony and used to counteract a fabrication, and if the prior statement was an identification of a person after having seen the person.

(TCO8) Explain the parameters and limitations of the attorney-client privilege. (Points : 24)

Attorney-client privilege allows the communication between the attorney and their client to remain protected. In this relationship, the counsel must disclose information if the client wishes, it allows the lawyer to be fully informed about the client, and it allows the client to tell the lawyer everything without fearing disclosure of information. The parameters and limitations of this relationship include the fact that the client must have sought out these professional services, informal communications are not considered a part of this privilege, the communication must be done in a way the ensure confidentiality, and people accompanying the client are unable to eradicate the privileges.

(TCO9) How is the materiality, competency, and reklevance of evidence demonstrated? (Points : 24)

A piece of evidence is relevant if it makes the existence of a fact more probable. To determine whether evidence is relevant, lawyers and police officers will match the evidence to other facts of the case; if this information appears to fit in and make information more probable, it will be admissible in court. Evidence has materiality if it is logically connected to facts in the case. Competent evidence must be told in truth; usually, it is assumed that if a witness promises to tell the truth by oath in court, this information is reliable. However at all stages, the evidence must be put together a puzzle in order to determine whether the evidence has materiality, competency, and relevance.

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