MCQs > Crime & Justice > Criminal Procedure (U.S.) MCQs > The Exclusionary Rule and Entrapment MCQs

The Exclusionary Rule and Entrapment MCQ

_____ is test that asks whether the accused possessed the criminal intent or predisposition to commit the crime or whether the government created the crime.

Answer

Correct Answer: Subjective test for entrapment

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Is standing a defendant’s eligibility to contest the legality of a search?

Answer

Correct Answer: True

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_____ is known as practice, ruled unconstitutional in 1960, in which federal officials relied on evidence in federal prosecutions that had been seized by state officials in violation of the Fourth Amendment.

Answer

Correct Answer: Silver platter doctrine

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_____ is defined as the effect of an attenuated connection between an illegal search and evidence seized in such a search; if the connection is attenuated, it is said to purge the taint of the illegal search.

Answer

Correct Answer: Purging the taint

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_____ is Test for entrapment that focuses on the conduct of the government rather than on the character of the individual.

Answer

Correct Answer: Objective test for entrapment

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Is inevitable discovery rule rule providing that evidence seized as the result of an unconstitutional search is admissible where the government can prove that it would inevitably have been discovered in a lawful fashion?

Answer

Correct Answer: True

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_____ is known as principle that provides that evidence unlawfully seized nevertheless is admissible where the police are able to demonstrate that the same evidence was also obtained through independent and lawful means.

Answer

Correct Answer: Independent source doctrine

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_____ is defined as cross-examination that is intended to call into question a witness’s credibility.

Answer

Correct Answer: Impeachment

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_____ is an error made in admission of evidence that does not contribute to the conviction obtained. An appellate court must be convinced beyond a reasonable doubt that the error is harmless.

Answer

Correct Answer: Harmless error

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Is good faith exception an exception to the exclusion of illegally seized evidence in situations in which an officer has acted in the good faith belief that his or her conduct complies with the Fourth Amendment?

Answer

Correct Answer: True

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_____ is known as evidence derived from unlawfully seized evidence.

Answer

Correct Answer: Fruit of the poisonous tree

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_____ is defined as rule 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.

Answer

Correct Answer: Exclusionary rule

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_____ is situation in which the government entraps or induces an individual to commit a crime.

Answer

Correct Answer: Entrapment

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Is due process test for entrapment an entrapment defense that relies on the Due Process Clause’s prohibition against the government engaging in outrageous conduct that induces an individual to commit a crime?

Answer

Correct Answer: True

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_____ is known as evidence that is discovered as a result of unlawful seizure.

Answer

Correct Answer: Derivative evidence

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_____ is defined as permits the use of unlawfully seized evidence in proceedings that are not part of a formal trial.

Answer

Correct Answer: Collateral proceedings

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_____ is term used to describe a weak link between an unreasonable search and the resulting seizure of evidence; the exclusionary rule does not apply where evidence is attenuated.

Answer

Correct Answer: Attenuated

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In which case did the U.S. Supreme Court apply the exclusionary rule to the states?

Answer

Correct Answer: Mapp v. Ohio

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In which case did the U.S. Supreme Court abolish the silver platter doctrine?

Answer

Correct Answer: Elkins v. United States

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In which case did the U.S. Supreme Court extend the Fourth Amendment to the states?

Answer

Correct Answer: Wolf v. Colorado

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In which case did the U.S. Supreme Court apply the exclusionary rule to the federal government?

Answer

Correct Answer: Weeks v. United States

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In which case did the U.S. Supreme Court first establish the exclusionary rule?

Answer

Correct Answer: Weeks v. United States

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The subjective test for entrapment focuses on the defendant.

Answer

Correct Answer: True

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One common argument against allowing the entrapment defense is that certain crimes are difficult to investigate without the use of informants and/or undercover officers.

Answer

Correct Answer: True

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Entrapment is an affirmative defense.

Answer

Correct Answer: True

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Research conducted indicates that approximately 10% of all felony cases are either downgraded to a misdemeanor or dropped all together due to the exclusionary rule.

Answer

Correct Answer: False

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Evidence seized due to an unlawful search is allowed at trial if the police were acting in good faith that their actions were in accordance with the law.

Answer

Correct Answer: True

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All defendants are eligible to contest the legality of a search.

Answer

Correct Answer: False

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One argument against the exclusionary rule is that the courts make little to no distinction among honest mistakes or technical violations of the law and blatant violations of the law.

Answer

Correct Answer: True

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The exclusionary rule is a remedy created by the judiciary.

Answer

Correct Answer: True

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The practice of state police obtaining evidence in a manner that would have been unconstitutional for federal agents, then giving said evidence to the federal agents, was known as the fruit of the poisonous tree doctrine.

Answer

Correct Answer: False

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The Fourth Amendment is silent on the consequences of an unreasonable search and seizure.

Answer

Correct Answer: True

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