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Case 8.1 Police respond to the scene of fight inside a local…

Case 8.1 Police respond to the scene of fight inside a local bar. The scene is chaotic with ambulance personnel attending to an unconscious male.  In the course of rendering aid to the victim, the victim and the victim’s clothing were removed from the scene. The victim’s clothing and personal effects are collected by an emergency room nurse at the hospital. ​ Police interview witnesses who report that the victim, Jeff Anderson, got into an  argument with another bar patron/accused for having several rounds of drinks put on the patrons tab. Witnesses also report that the patron/accused struck Mr. Anderson with a close fist and two then exchanged several punches with Mr. Anderson giving the patron/accused a bloody nose. The patron/accused then struck Mr. Anderson with a chair knocking him unconscious and fled the bar. ​ Police interview the bar owner who reports that accused became enraged after getting the $500.00 credit card receipt for his drink tab. The bar owner stated the “guy flipped out, nearly jumping over the bar when he saw the amount of his tab”. The bar owner reported that he pointed Mr. Anderson and said “go talk to your friend – he ordered three rounds for the bar on your tab.” Police ask for and receive copies of the credit card receipts for the accused, Dick Grayson. The investigating officer responds to the hospital and takes a statement from the victim who reports not knowing why he was attacked. While at the hospital the investigating officer asks if anyone had sought treatment for facial injuries from a fight. It is determined that Mr. Grayson had been seen and had reported to the registration nurse that his injuries were from “some guy sucker punching” him in a bar and had also stated “you should see the other guy.” Mr. Grayson is taken into custody and is being escorted out of the emergency room when he stops in front of room where the victim lying in a hospital bed being attended to by medical personnel he blurts out “I’m in so much trouble” and asks the officers “is he going to make it.”  Mr. Grayson charged with aggravated assault.At trial the defense attempts to block admission of the credit card transactions from the bar as hearsay. Are the records admissible?​

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​If the police can show that the evidence was discovered by…

​If the police can show that the evidence was discovered by two methods, one of which was lawful, it may trigger the _____ exception to the exclusionary rule.

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​The practice of obtaining criminal convictions based on hea…

​The practice of obtaining criminal convictions based on hearsay was especially grievous in the infamous _____ trials in England.

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With regard to testimonial hearsay, the U.S. Supreme Court o…

With regard to testimonial hearsay, the U.S. Supreme Court overruled Ohio v. Roberts in  _____.

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​The principal means courts use to guard against the risks o…

​The principal means courts use to guard against the risks of Hearsay are the requirements that the witness testify under oath, which helps ensure reliability, and that the witness be available for _____.

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If _____ statements are made or evidence discovered from con…

If _____ statements are made or evidence discovered from consensual talks between police and citizens, the statements or evidence may be used in criminal prosecutions.​

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Case 8.3 Police investigate a reported sexual assault of a t…

Case 8.3 Police investigate a reported sexual assault of a ten year old female. Police were alerted by a school nurse who noticed bruises on her thighs after the child came to her office complaining of lower abdominal pain. The child was interviewed by a sexual assault nurse examiner (SANE) who asked questions about the assault not to gather evidence but to help the nurse examine and treat the child appropriately.  The nurse also performed a rape kit and collected samples for DNA analysis. The child identified a neighborhood handyman as the perpetrator. The accused, Chester Mayhem, had recently worked on the victim’s home where he befriended the victim. Mayhem reportedly had sexually assaulted the child on four separate occasions. The child was reluctant to report the assaults as Mayhem threatened to kill her family if she said anything.        The subsequent investigation matched Mayhem’s DNA to three other unsolved sexual assault cases. Mayhems is arrested and charged with multiple counts of aggravated sexual assault.​The Supreme Court has ruled that for a child’s out-of-court statement to be admissible, the child’s truthfulness must be “so clear from the surrounding circumstances that the test of cross-examination would be of marginal utility. Which matters have been found to “properly relate to whether hearsay statements made by a child witness in child sexual abuse cases are reliable?​

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​The primary justification for the exclusionary rule is ____…

​The primary justification for the exclusionary rule is _____.

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Which matter describes a firmly rooted hearsay exception in…

Which matter describes a firmly rooted hearsay exception in the law of evidence?

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Police misconduct can result in the violation of the Fifth a…

Police misconduct can result in the violation of the Fifth and Fourteenth Amendments’ Clauses of due process.​

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