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Forensics Test 2 questions with complete solutions
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Forensics Test 2 questions with complete solutions
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Forensics Test 2Understanding the rights of United States citizens under the law (Bill of Rights) is vital when collecting,
analyzing, and presenting evidence in the legal system - correct answer ✔✔Our Rights and Their Effect
on Forensic Evidence
Right of Search and Seizure Regulated- "The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants
shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized."
Unlawful Search and Seizure- When the court says an individual's rights were violated, any evidence
derived from the search and seizure will be kept out of the criminal, if the case is against the person
whose rights were violated
It is very important that evidence is collected lawfully, without an invasion of privacy or with a search
warrant, so it will not be ruled inadmissible in court
Searching - Was There an Invasion of Privacy? The court will ask two things (if either of these answers is
no, then any evidence collected can be admissible in cour - correct answer ✔✔Evidence Collection - The
Fourth Amendment
Consent is given for the search (no warrant is needed, even in the future, once consent is given)
- Emergency - someone is in danger, or there might be destruction of evidence
- After an arrest - an officer can search the person and immediate surroundings
Plain view - if the police are there legally and evidence is in plain view-
Reasonable suspicion - if police believe they will find a weapon or drugs on a person or in a car, they can
legally search - correct answer ✔✔Search Warrant Not Needed - (fourth amendment continued)
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on an indictment
of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service
in time of war or public danger; nor shall any person be subject for the same offense to be twice put in
jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor
be deprived of life, liberty, or property, without due process of law; nor shall private property be taken
for public use without just compensation." - correct answer ✔✔Regulations for the Prosecution Fifth
Amendment
, Difficult/Publicized/Capitol Cases -
In many states, a grand jury (16 - 24 citizens) meets to decide if there is enough evidence before a citizen
can even be indicted for a crime
- The grand jury is an "arm" of the prosecutor office, the defense does not even present at a grand jury
Plea Bargaining
- up to 90% of all cases are plea bargained and never go to trial (Deslich, 2006)
Double Jeopardy- A person cannot be put on trial again for the same crime- It is imperative that every bit
of evidence be found in the case before it is brought to trial
Due Process - everyone is treated the same, gets trial by jury
"Pleading the 5th" - You do You do not have to be a witness against yourself have to be a witness against
yourself
• The prosecution has to prove your guilt. The prosecution has to prove your guilt (You have the right to
remain silent) - correct answer ✔✔Regulations for the Prosecution - Fifth Amendment (continued)
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an
impartial jury of the state and district wherein the crime shall have been committed, which district shall
have been previously ascertained by law, and to be informed of the nature and cause of the accusation;
to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in
his favor, and to have the assistance of counsel for his defense." - correct answer ✔✔Trial Policies - Sixth
Amendment
• Speedy Trial Speedy Trial - Depends on state statute, but generally 90 - 120 days
- The following slow the process:
• The defendant is out on bail• Motions• Illness• Lack of attorney(s)- The defendant can ask for a
speedier trial; for law enforcement this is mixed news
• Speedy trial rules make it imperative to find all of the evidence as soon as possible
• Delays might be beneficial to law enforcement because they lengthen the evidence collection and
analysis time period. - correct answer ✔✔Trial Policies - Sixth Amendment (continued)
Witnesses - any witness for the defense or the prosecution can be subpoenaed to appear in court
• Informed of Charge
- Once arrested, a defendant has 72 hours to be arraigned, told what he is charged with, and offer his
plea
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