3 刑诉 术语释义题.docVIP

刑诉术语释义题 CBasic Principles and Cons Safeguards (刑诉基础及宪法保障) Exclusionary Rule Fruit of the Poisonous Tree (Amendment IV) In criminal procedure, a rule under which any evidence that is obtained in violation of the accused’s constitutional rights guaranteed by the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution, as well as any evidence derived from illegally obtained evidence, will not be admissible in court. [Biz Law Today, P168] A. best evidence rule B. exclusionary rule C. hearsay rule D. parole evidence rule 【Answer】B；学术定义 Evidence derived from illegally obtained evidence is known as the “fruit of the poisonous tree.” For example, if a confession is obtained after an illegal arrest, the arrest is “the poisonous tree,” and the confession, if “tainted” by the arrest, is the “fruit.” [Biz Law Today, P168] A. exclusionary rule B. double jeopardy C. self-discrimination D. equal protection 【Answer】A； SearchesSeizures: Probable Cause (Amendment IV) ________ is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. [题源： wiki ] A. causation B. cause in fact C. probable cause D. proximate cause 【Answer】C；学术定义 ________ means reasonable grounds for believing that a person should be arrested or searched. [Biz Law Today, P166] A. causation B. cause in fact C. probable cause D. proximate cause 【Answer】C；学术定义 Self-Incrimination (Amendment V) The giving of testimony that may subject the testifier to criminal prosecution. The Fifth Amendment to the U.S. Constitution protects against self-incrimination by providing that no person “shall be compelled in any criminal case to be a witness against himself.” [Biz Law Today, P165] A. self-incrimination B. double jeopardy C. cruel and unusual punishments D. due process 【Answer】A; Double Jeopardy (Amendment V) A situation occurring when a person is tried twice for the same criminal offense; prohibited