Chapter 11 Disclosing and Suppressing Evidence questions and answers 2023(verified for accuracy).

Courts have expressed concern that requiring too much prosecutorial disclosure in a criminal case might result in the defendant ____________. taking undue advantage ____________ evidence is any evidence that would cast doubt on the credibility of a witness. Impeachment In Giglio v. United States (1972), the Supreme Court clarified that all ____________ evidence, even if not a prior statement by a witness, must be disclosed to the defense. impeachment Informal prosecutorial disclosure stems from a courthouse theory that an advance glimpse at the prosecutor's case encourages a ____________. plea of guilty Sean was charged with the burglary of a residence at around 9:30 pm on a Friday night. A bartender claims he served Sean beer around that time on the same night. Sean has a(n) ____________. alibi defense The ____________ rule prohibits the prosecutor from using illegally obtained evidence during a trial. exclusionary The exclusionary rule is commonly associated with the search and seizure of physical evidence under the ____________ Amendment. Fourth Mark was illegally arrested and was not told his Miranda rights. While he was in jail, he confessed to stealing a car, stripping it, and then dumping it, as was suspected. Later, the police found the stolen car according to this information. As evidence, what is the stolen car considered? fruit of the poisonous tree The ____________ will allow evidence obtained through a source that is independent of any unconstitutional police actions to be admitted at trial. independent source doctrine If a suspect is both in custody and being interrogated, that person is only required to be offered ____________. Miranda rights According to the ____________ Amendment, a criminal defendant has an "absolute right not to testify" at trial. Fifth To apply for a search warrant, a police officer must provide a(n) ____________, swearing before a magistrate that a statement of facts is true. affidavit If officers exceed the scope of the authorized invasion under the terms of a warrant, the evidence seized will usually be ____________. deemed inadmissible A warrant is not required for bank records because of which exception to the warrant requirement? third-party disclosure Because the police control the information involved in suppression motions, ____________ are generally in a favorable position to argue against excluding evidence. prosecutors ____________ court judges are key policymakers in applying and implementing appellate decisions concerning confessions and search and seizure. Trial A key issue in the ongoing debate over the exclusionary rule centers on its ____________. costs In the question of whether to abolish the exclusionary rule, some have proposed an exception for ____________. reasonable mistakes by the police Regarding the exclusionary rule, the police are usually able to obtain the defendant's signature on the ____________, which indicates compliance with Supreme Court requirements. Miranda warning form A defense attorney who believes that his or her client was identified in a defective police lineup, gave a confession because of improper police activity, or was subjected to an illegal search can file a motion to ____________. suppress the evidence ____________ permits surveillance of any individual or group that is not linked to a foreign government but who is suspected of terrorism or sabotage. FISA Searches of electronically stored information (ESI) are governed by the ____________ Amendment. Fourth Under the exception for ____________ searches, police may conduct a warrantless search of property in order to protect the owner's property, protect police from potential danger, and guard against claims of theft or loss after lawfully taking the property into custody. inventory Evidence seized during the execution of a search warrant must be secured in a manner that preserves the ____________. chain of custody The ____________ Amendment provides that criminal defendants shall have the right to the assistance of counsel for defense. Sixth Add or Remove Terms