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Criminal Evidence 1st Edition Matthew Lippman - Solutions
2. Summarize the decision in Terry v. Ohio.
What is the constitutional basis for the police practice of stop and frisk?
5. Can you state the role of drug courier profiles in reasonable suspicion stops?
4. Do you know the circumstances under which an informant's tip constitutes reasonable suspicion?
3. Are you able to state the definition of reasonable suspicion and the various factors that the police consider in determining whether there is reasonable suspicion?
2. Can you state the difference between investigative Terry stops and arrests?
1. Do you know the basis for stops and frisks in the text of the Fourth Amendment?
10. What is the holding in Hodar ??
9.How do seizures differ from encounters? Why is this distinction significant?
Describe the difference between physical seizures and show of authority seizures.
What is the importance of the Supreme Court judgment in Kylla v. United States?
6. Distinguish open fields from curtilage. Why is this significant?
Discuss the expectation of privacy in relation to pen registers, the electronic monitoring of conversations, and trash
4 Define plain view "searches" and seizures. Describe the relationship between plain view and expectation of privacy.
What is the legal test for the expectation of privacy established in Katz v. United States?
2 Distinguish the property rights or trespassory approach to the Fourth Amendment from the expectation of privacy approach, Which in theory provides individuals with greater protection?
How did the use of general warrants and writs of assistance by British colonial authorities influence the drafting of the text of the Fourth Amendment?
List and discuss the exceptions to the exclusionary rule
4. Who has standing to file a motion to suppress?
What are the steps in filing a motion to suppress evidence?
2. State the arguments for and against the exclusionary rule? What alternatives have been proposed?
Trace the development of the exclusionary rule from Weeks to Mapp.
7. Explain the confidential informant privilege and when the prosecution is required to disclose the identity of a confidential Informant
6. Why are grand jury deliberations secret?
5. What is the reason for executive privilege and for the state secrets privilege?
What are the two parts of the husband-wife privilege? Which spouse is the holder of the privilege?
3. Identify the central aspects of the attorney-client privilege, clergy-penitent privilege, and physician-patient privilege.
2. Discuss some of the common characteristics of most privileges.
1. What is the reason for testimonial privileges? Do privileges promote or interfere with the pursuit of truth at trial?
10 What Is the residual exception?
9. Should there be a hearsay exception when a party wrongfully causes the absence of a witness?
8. Why is there a hearsay exception for public records?
List the elements of the business records exception When is the absence of a business record admissible in evidence ?.
What is the difference between a then-existing mental, emotional, or physical condition and a statement made for medical treatment?
5 Discuss the difference between a present sense impression and an excited utterance.
4.How do admissions differ from statements against interest?
3 What is the difference been an admission, adoptive admission, admission by an agent, and admission by a co-conspirator?
2 Discuss the Supreme Court decisions addressing the relationship between the Confrontation Clause and hearsay evidence, Distinguish in your answer between testimonial and nontestimonial evidence.
What is the definition of hearsay, and what is the reason for excluding hearsay evidence from trial?
7. What is the requirement for the use of maps, charts, and diagrams at trial?
6 What is the purpose of the "best evidence" rule? Distinguish an original document from a duplicate document. When is an original not required?
5. How are photographs, videos, and medical images authenticated?
What is the rule for authenticating ancient documents?
3.Discuss some methods of authenticating documents that are not self-authenticating
2 Why are some documents self-authenticating? Give examples of documents that are self-authenticating
1 Explain the purpose of the authentication of evidence,
8. What is the purpose of using experiments at trial? What foundation must be established for the introduction of experiments?
7. Why is polygraph evidence inadmissible in criminal trials?
6. What is the role of DNA In criminal trials?
5. How is evidence relating to fingerprints, the content of blood alcohol, and blood types and ballistics used in criminal trials?
Are expert witnesses on scientific tests only available to the prosecution?
3. Why is the chain of custody of evidence important? How is the chain of evidence established?
2. How is the foundation laid at the crime scene for the admission of evidence?
1. Describe the four steps in marking evidence. What are the two methods of authenticating real evidence?
List some areas in which an expert witness typically is relied on during a criminal trial.
What requirements must be met by an expert witness?
Compare and contrast the Frye and Daubert approaches to scientific evidence.
Are lay witnesses limited to testifying on the facts of a case?
Compare and contrast present recollection refreshed and past recollection recorded
Give some examples of impeachment based on a character for truthfulness, uncharged crimes and immoral acts, prior inconsistent statements, and physical and psychological Incapacity.
Discuss the specific purpose and process of impeaching a witness based on bias; on a prior felony conviction of a nonparty witness and of a defendant-witness; and on crimes involving a dishonest act or false statement.
What is the purpose of the impeachment of witnesses?6.
May an individual be found incompetent to testify based on religion? What about based on a mental challenge?
Why are judges and jurors in most cases prohibited from testifying as witnesses at trials? What about spouses?
2. What are the concerns about the competency to testify of child-witnesses? Discuss some of the different judicial approaches to the competency of young children to testify
Discuss the requirements of an oath or affirmation, personal knowledge, mental capacity, and narration.
How does the traditional approach to witness competency differ from the approach in the Federal Rules of Evidence?
9. Outline the requirements of rape shield statutes.
Distinguish between character and habit evidence. When is habit evidence admissible?
7.What is the rule regarding the ability of the prosecutor to Introduce character evidence about the defendant in a homicide case?
6 May a defendant introduce character evidence regarding a victim?
5. Why is character evidence prohibited from being introduced at a criminal trial? Discuss the exception for a defendant's character evidence and the prosecution's rebuttal under Federal Rule 404(b) and Federal Rule 405
4.How is circumstantial evidence used to create an inference that an individual was the victim of a crime?
3 Give examples of how circumstantial evidence may be offered to create an inference of a defendant's consciousness of guilt or an inference of a suspect's guilt.
2 What are some examples of how circumstantial evidence may create an inference of a defendant's ability to commit a crime?
1. Are circumstantial and direct evidence of equal value? Can an individual be convicted solely on the basis of circumstantial evidence?
14. Why do courts rely on various "substitutions for evidence"?
13.Give three examples of rebuttable presumptions in criminal law.
12.Distinguish between conclusive and irrebuttable presumptions. What are the concerns that arise in the use of presumptions in criminal cases?
11. Explain the difference between an inference and a presumption.
What are the procedural steps for judicial notice? When may a judge exercise judicial notice?
9. Define stipulations.
Give examples of testimonial and real evidence.
Distinguish between direct and circumstantial evidence.
6. Give an example of evidence excluded because of the risk of confusion.
5. Discuss the legal standard for the exclusion of relevant evidence based on prejudice.
4 Define the requirement that evidence must be competent.
3. Why do different items of evidence differ in terms of their probative value?
Explain the requirement that evidence must be material
1. What is the test for relevant evidence?
Describe the importance of the writ of habeas corpus for the protection of rights and liberties. What are the requirements for filing a petition for a writ of habeas corpus?
Why are defendants provided with criminal appeals? Detine and discuss the final judgment rule and interlocutory appeals. What is the importance of the plain error exception, the harmless error exception, and the automatic reversal rule?
14. Describe sentencing guidelines, How do recent U.S Supreme Court decisions modify the role of state and federal sentencing guidelines in judicial sentencing practices?
13. What are the policy arguments for and against plea bargaining and the disposing of a defendant's criminal charges through a guilty plea? What constitutional issues are presented by the plea-bargaining process? Describe the conditions that must be satisfied before a trial court judge may accept
12.Discuss whether jury unanimity is required. When may a jury engage in jury nullification?
11. What information is included in a judge's instructions to the jury? What are the limitations on the closing arguments at trial?
10. What is the significance of the burden of proof? Why is the prosecution required to prove guilt beyond a reasonable doubt? In your own words, describe the beyond-a-reasonable-doubt standard.
9. What is the purpose of the opening statement?
What is voir dire? Discuss challenges for cause and death qualified juries. Describe the Batson requirement and peremptory challenges.
7. What are the limitations on the selection of jurors imposed by the Equal Protection Clause and the Sixth Amendment cross-section-of-the-community requirement?
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