America’s Courts And The Criminal Justice System 12th Edition By David W. Neubauer – Test Bank

Chapter 11
DISCLOSING AND SUPPRESSING EVIDENCE

TEST BANK

MULTIPLE CHOICE

1. The U.S. Supreme Court’s ruling in Brady v. Maryland prevents the suppression of what type of evidence?
a. Incriminating c. Exculpatory
b. Exclamatory d. Confessions

ANS: C REF: Discovery OBJ: 3 KEY: Bloom’s: Remember

2. Some states require the defense to file a notice if this type of evidence will be used.
a. evidence for an alibi defense c. exculpatory evidence
b. none of these answers is correct d. lab reports

ANS: A REF: Discovery OBJ: 3 KEY: Bloom’s: Remember

3. Which of the following actors would be in favor of broader discovery laws?
a. prosecutors c. defense attorney
b. judges d. police officers

ANS: C REF: Discovery OBJ: 1 KEY: Bloom’s: Remember

4. The informal and formal exchange of information between the prosecutor and the defense attorney prior to trial is called what?
a. reciprocity c. discovery
b. prosecutorial disclosure d. Brady exchange

ANS: C REF: Discovery OBJ: 1 KEY: Bloom’s: Remember

5. What types of evidence must always be turned over by the prosecutor to the defense in virtually all jurisdictions?
a. all open files of any type
b. all exculpatory evidence and all impeachment evidence
c. all witness statements
d. all statements made by the defendant

ANS: B REF: Discovery OBJ: 3 KEY: Bloom’s: Remember

6. Discovery rules are vitally important to
a. prosecutors c. judges
b. defense attorneys d. juries

ANS: B REF: Discovery OBJ: 1 KEY: Bloom’s: Remember

7. Supporters of the exclusionary rule argue that the rule is the only effective deterrent against which of the following?
a. judicial misconduct
b. prosecutor misconduct
c. courtroom misconduct
d. police misconduct

ANS: D REF: Law and Controversy: Costs of the Exclusionary Rule OBJ: 9 KEY: Bloom’s: Remember

8. What do those who want to see the exclusionary rule abolished argue should be enough to deter police misconduct?
a. judicial sanctions
b. departmental sanctions
c. the threat of criminal prosecutions
d. the threat of civil lawsuits

ANS: D REF: Law and Controversy: Costs of the Exclusionary Rule
OBJ: 9 KEY: Bloom’s: Remember

9. What is a key issue in the ongoing debate regarding the exclusionary rule?
a. costs of the rule
b. difficulty in implementing the rule
c. gains of the rule
d. there is no debate regarding the exclusionary rule

ANS: A REF: Law and Controversy: Costs of the Exclusionary Rule
OBJ: 9 KEY: Bloom’s: Remember

10. Closed discovery encourages
a. plea-bargains.
b. jury trials.
c. trials without a jury.
d. guilty pleas.

ANS: C REF: Discovery OBJ: 2 KEY: Bloom’s: Remember

11. What is the name of automatic discovery for certain types of evidence, without the necessity for motions and court orders?
a. reciprocal disclosure.
b. informal disclosure.
c. formal disclosure.
d. imperfect disclosure.

ANS: A REF: Discovery OBJ: 2 KEY: Bloom’s: Remember

12. The traditional legal rule regarding confessions is that confessions
a. may be physically coerced.
b. must be free and voluntary.
c. may be psychologically coerced.
d. may be obtained by any means necessary.

ANS: B REF: Interrogations and Confessions OBJ: 5 KEY: Bloom’s: Remember