Scheduled maintenance: Saturday, September 10 from 11PM to 12AM PDT Show
Home Subjects Expert solutions Create Log in Sign up Upgrade to remove ads Only ₩37,125/year
Terms in this set (49)U.S. v Leon (1984) created the: good faith exception What is another term used to describe probative evidence, or evidence that proves (or helps to prove) defendants committed the crimes they are charged with? Good evidence The Supreme Court has held that the key inquiry for the good faith exception to the exclusionary rule is the officer's honest, subjective belief in the legality of his or her actions false The U.S. Supreme Court has ruled that the exclusionary rule does not apply: : to collateral proceedings The ________________ justification stems from an ancient legal saying, "There's no right without a remedy." Constitutional right Weeks v. U.S. gave birth to the ____________ _____________ in 1914. exclusionary rule The Fourth Amendment: has a specific provision that requires the exclusion of evidence gathered in violation of the Amendment (maybe) Recent research into the exclusionary rule has demonstrated that the deterrent effects are considerable. False According to the Supreme Court, the good faith exception to the exclusionary rule: the inquiry is whether a reasonably well trained officer would have known a search was illegal under all the circumstances. The U.S. Supreme Court has relied on three justifications for throwing out good evidence. Which of the following is NOT one of these three justifications? Good faith According to the Supreme Court in Mapp v. Ohio, leaving the Fourth Amendment's protection from illegal searches and seizures to solutions other than the exclusionary rule had been effective. False the fruit-of-the-poisonous-tree doctrine refers to: the expansion of the exclusionary rule to ban evidence indirectly based on illegal government activity The exclusionary rule does not prevent prosecutors from using illegally seized evidence to impeach defendants' testimony True U.S. v. Leon (1984) was a U.S. Supreme Court opinion that narrowed the good faith exception false ___________ ____________ is another term used to describe probative evidence, or evidence that proves (or helps to prove) defendants committed the crimes they are charged with. Good evidence The 1961 case that reversed Wolf v Colorado and made the states follow the exclusionary rule was mapp v ohio The exclusionary rule is a vehicle to protect the _________ Amendment. fourth The three justifications for the exclusionary rule are the constitutional justification, the deterrence justification, and the ___________ _________ justification judicial integrity In using deterrence as the justification for excluding valid evidence, the Court weighs the: social costs against the deterrent effect. The idea that evidence that has been illegally obtained, but would have eventually found through constitutional means should thus not be excluded by virtue of the exclusionary rule is __________ _____________ exception. inevitable discovery The Supreme Court has specifically rejected the rationale that the exclusionary rule is a constitutional right. true The exception to the exclusionary rule which allows the admission of evidence if the police reasonably and honestly relied on a search warrant valid on its face but defective in fact is the ____________ _________ ____________ exception reasonable good faith The first case to hold that unreasonable searches and seizures by state police violate defendant's due process rights (Fourteenth Amendment) but did not say how the states had to enforce it was: wolf v colorado ( maybe) Empirical research on the exclusionary rule suggests that: the social cost of the rule may be overstated and the deterrent effect of the rule may be understated. Recent research into the effects of the exclusionary rule indicates that the exclusionary rule affects only a minuscule number of cases true The deterrence rationale for the exclusionary rule is: based on the belief that excluding good evidence because it was illegally obtained sends a message to law enforcement. Today, the United States Supreme Court relies exclusively on deterrence as the only justification for excluding valid evidence. true U.S. v. Moscatiello (1985) involved police use of plain view at a physical location where they had no right to be (a warehouse). Although they observed contraband in the form of marijuana, they maintained surveillance and secured a warrant without using the drug observations as a part of their probable cause. This decision created what exception to the exclusionary rule? Independent source exception A protective procedure against violations of constitutional rights is referred to as a(c) _____________ rule. Prophylactic In Hudson v. Michigan (2006), the court held that failure to comply with the knock-and-announce rule is in violations of the exclusionary rule even if officers have a valid warrant to search a home. false According to your text, what percent of all criminal cases will be dismissed because the police seized evidence illegally? Less than one-tenth of 1 percent The U.S. Supreme Court gave birth to the exclusionary rule in what landmark 1914 decision? Weeks v. U.S. Which of the following is NOT one of the three established justifications for the exclusionary rule? State's right justification In Herring v. U.S. (2009) the court held that if an officer makes an arrest, reasonably (but wrongly) believing there's an outstanding arrest warrant against the suspect, the arrest violates the Fourth Amendment but evidence obtained during a search incident to the unlawful arrest is admissible in court. false Which of the following is NOT a direct exception to the exclusionary rule? The case-in-chief part of the trial The exclusionary rule does not apply to: : cross-examination of the defendant. Which doctrine holds that illegally seized evidence can be introduced at trial if the poisonous connection between the illegal police actions and the evidence weakens sufficiently? The attenuation exception According to the Supreme Court opinion in Mapp v. Ohio (1961), involving a police search for a bombing suspect: the exclusionary rule applies to the states through the Fourteenth Amendment due process clause.
Which doctrine holds that illegally seized evidence can be introduced at trial if the officials would have found the evidence anyway? The inevitable discovery exception The ________ ________ exception to the exclusionary rule is based on an objective test of whether a well-trained officer would have known his or her actions were illegal under the circumstances Good faith The Supreme Court's decision in Weeks v. U.S. in 1914 is significant because it: began the Fourth Amendment's annexation of the exclusionary rule. Since the 1980s, the Supreme Court has applied the exclusionary rule mainly to promote the interest in: deterring illegal government conduct.
Which doctrine holds that illegally seized evidence can be introduced a trial if the officials' law breaking behavior did not cause the seizure of the evidence? The independent source exception Which of the following is NOT a potential negative consequence of the exclusionary rule? Diversion of resources from suppression hearings to appeal trials The dissent in Herring v. U.S. (2009) argued that the exclusionary rule should apply to a search conducted pursuant to an arrest warrant that was later discovered to have been recalled months earlier because: negligent bookkeeping mistakes by law enforcement threaten individual liberty and can be deterred by the exclusionary rule With respect to the exclusionary rule, the Constitution specifically includes it in the Fourth Amendment. false The text refers to ______________ as police actions and procedures that violate any of the five constitutional rights bad methods The idea that evidence illegally obtained by police can still be admitted at trial if the link between the police illegality and the evidence's discovery is weak enough is called the _________________ exception. Attenuation The ____________ exception says that illegally obtained evidence can come into court if the poisonous connection between illegal police actions and the evidence they got illegally from their actions weakens enough. Attenuation Sets with similar termsEvidence: Chapter 920 terms AjaneyaShae Chapter 1016 terms quizlette875547 The Exclusionary Rule18 terms sabrina6294 AJ quiz Chapter 920 terms yvonne_chavez1 Other sets by this creatorHRD final125 terms hannafergason CPE exam30 terms hannafergason analyzing homicide ch 8-1065 terms hannafergason Research Methods Exam 221 terms hannafergason Other Quizlet setsCriminal Procedure117 terms cohentes BIOLOGY QUESTIONS I GOT WRONG73 terms Jessicadonnelly123PLUS Anatomy II Exam II303 terms ilanarj17 gym final26 terms Savannahc2020 Related questionsQUESTION A police officer who commands a pedestrian to stop for questioning has engaged in: 5 answers QUESTION Under Texas law the duty of the prosecutor is to: 6 answers QUESTION Forensic psychiatrists and psychologists offer insight to investigators, attorneys, judges, and juries about a suspect's mental state and their understanding of the crime committed. 15 answers QUESTION is any action the driver takes to alter the speed or direction of a vehicle or to avoid danger or hazard, such as applying the brakes, turning the steering wheel, or moving the vehicle out of the way. 3 answers Which doctrine holds that illegally seized evidence can be introduced at trial if the officials law breaking behavior did not cause the seizure of the evidence quizlet?The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.
What is the purpose of the exclusionary rule quizlet?The main purpose of the exclusionary rule is to deter the government (primarily the police) from violating a person's constitutional rights: If the government cannot use evidence obtained in violation of a person's rights, it will be less likely to act in contravention of those rights.
What is the purpose of the good faith exception to the exclusionary rule quizlet?The reasonable, good faith exception, created by U.S. v. Leon (1984), allows the government to use evidence obtained from searches based on unlawful search warrants if officers honestly and reasonably believed they were lawful. The law was created to prevent misconduct.
What is the most important exception to the exclusionary rule?One of the most important exceptions to the exclusionary rule is the exception for tangible evidence. If the police discover tangible evidence based on statements obtained in violation of Miranda, the prosecution may be able to use that evidence against the defendant at trial.
|
Which justification for the exclusionary rule prevents officers from breaking the law Quizlet
Urheberrechte © © 2024 ketiadaan Inc.
