JADM320 Full Course (August 2018)

The U.S. Constitution, including the Bill of Rights, guarantees Americans many rights. Choose three enumerated rights related to the criminal justice system that you believe are the most critical to the members of our society. Explain in detail.

DQ2 EXCLUSIONARY RULE

Why is the exclusionary rule the most significant remedy in criminal procedure?

JADM 320 (Criminal Procedure)

Week 2 discussion

DQ1 JUSTIFICATION

What is the doctrine of justification? How does the doctrine of justification relate to police action?

DQ2 SEARCH WARRANTS

How do police officers distinguish between a “stop” and an “arrest,” and why is this distinction important?

JADM 320 (Criminal Procedure)

Week 3 discussion

DQ1 WHAT CONSTITUTES A PROPER STOP?

Review the scenario presented in Decision Making Exercise 6.5 of the text. Assume the role of “prosecutor” and consider the situation. Initially, do you see a basic issue as it relates to the exclusionary rule?

DQ2 STOP AND FRISK

Fact Pattern: Slick planned to burglarize a local electronics store. On the night Slick intended to commit the burglary, a police officer observed Slick standing in an alley behind the store. It was 11:50 p.m. and Slick was wearing a pair of jeans, a heavy coat, tennis shoes, and a shirt. It was August, and the temperature outside was 75 degrees. After about 5 minutes, the officer approached Slick and asked Slick what he was doing in the alley at such a late hour. Slick told the officer that he lived only a few blocks away, was suffering from insomnia, and had decided to take a walk. Slick produced identification that confirmed he lived a short distance from the store. The officer then grabbed Slick, swung him around, and pushed him against the wall of the store. The officer then proceeded to frisk Slick. After feeling a hard object in Slick’s back pocket, the officer reached in and discovered a small 3″ × 3″ container full of locksmith tools. The officer arrested Slick for possession of burglary tools and conducted a search incident to arrest. During that search, the officer discovered a diagram of the electronics store hidden in Slick’s pants. Slick was subsequently charged with attempted burglary and possession of burglary tools. Slick has filed a motion to suppress the tools and diagram, as well as a motion to dismiss. Discuss whether or not the motions should be granted.

In this case, initially, should the officer approach Slick and question him? Why or why not?

JADM 320 (Criminal Procedure)

Week 4 discussion

DQ1 VIDEORECORDING CONFESSIONS

What do you think are the positive and negative aspects of videotaping interrogations and confessions from the police/prosecution standpoint?

DQ2 LINE-UPS

The text speaks to simultaneous lineups in which the eyewitness views a lineup of individuals or photo array in which all the individuals are viewed at the same time. Drawing upon your research, how does the double-blind sequential lineup differ from a simultaneous lineup in procedure and how does the eyewitness process the identification decision?

JADM 320 (Criminal Procedure)

Week 5 discussion

DQ1 PRETRIAL PROCESS

Based on your own experience at courts in your area, what pretrial hearings have you observed? If you have not personally observed such hearings locally, refer to your local newspaper for new accounts of such hearings.

DQ2 PROSECUTORIAL DISCRETION

Given that prosecuting attorneys have nearly absolute and unreviewable power to choose whether or not to bring criminal charges and what charges to bring in cases where evidence would justify charges, do you think this power always serves the public interest?

JADM 320 (Criminal Procedure)

Week 6 discussion

DQ1 JURY SELECTION

What factors regarding a juror’s background might prosecutors and defense attorneys take into account when exercising peremptory or “for cause” challenges? How would the specific criminal charges in a criminal case (murder, rape, theft, etc.) have an effect on the type of juror a prosecutor or defense counsel would or would not want on the jury?

DQ2 BRADY MATERIAL

Prosecutor Melanie Smith is reviewing the file of a newly assigned homicide case. After reviewing the case, she requests the lead detective to come to her office so that they can review the file. In looking through the lead detective’s file, she finds a phone message from a caller name Lamont Jenkins. When Smith asks the lead detective about Jenkins, he tells Smith that Jenkins observed the homicide from his apartment window about 50 yards away. Smith asks the detective if Jenkins gave a description of the shooter. The detective says yes. The detective states that Jenkins gave a physical description, but it did not match the defendant. Smith asks if the phone conversation with Jenkins was recorded. The detective says yes. This recorded phone call has not been turned over to defense counsel as part of discovery. As for defense counsel, could this phone call become important to the defense of its client? Why or why not?

JADM 320 (Criminal Procedure)

Week 7 discussion

DQ1 BATSON CHALLENGE

In Judge Martin’s courtroom, jury selection is going on in a murder case. Sally Jones is a prospective juror. Ms. Jones is an African-American female, age 59, who works for a state agency. As she has asked all jurors, Prosecutor Cynthia Crone asks Jones what she thinks about police officers testifying in the case. Jones states that she doesn’t like police. When asked why, Jones tells Crone that her son was wrongfully accused by police of committing a burglary 8 years ago. She said that he was indicted for the crime, but the charges were ultimately dropped. When Defense Attorney Harry Samuel asks Jones if she could set that aside, Jones tells him that she could try, in an attempt to be a fair and impartial juror.

How may either the prosecutor or defense counsel remove Ms. Jones from the jury? What challenges are available to them, and when are they appropriate?

DQ2 CONFRONTATION OF WITNESSES

What is the Confrontation Clause? Where is it found in the U.S. Constitution? Why is it important in criminal trials? Be specific.

JADM 320 (Criminal Procedure)

WEEK 2 WRITTEN ASSIGNMENT 1

The Fourth Amendment and Mapp v. Ohio

The assignment reviews the landmark Supreme Court case Mapp v. Ohio, discussed in Chapter 3 of the text. Use pages 42–52 as a reference for this assignment. Based on the fact pattern, address the questions and issues found in the Assignments section under the Written Assignment #1 area. Write a 750- to 1,200-word paper. Be sure to also review the grading rubrics to ascertain the breakdown of points by section.

View the Written Assignment #1 Overview page under Week 2 for more information about the assignment. There is also a detailed grading rubric found in the Files section of the Course Menu—see W2 Grading Rubric for Assignment.xls.bric for Assignment.xls.

Remember to submit your assignment for grading when finished.

JADM 320 (Criminal Procedure)

WEEK 4 WRITTEN ASSIGNMENT 2

Custodial Interrogations

The assignment overviews the issue of custodial interrogation discussed in Chapter 8 of the text. Use this chapter and the lecture as a reference for this assignment. Based on the fact pattern, address the questions and issues found in the Assignments section on the Written Assignment #2 page. Write a 750-1200 words paper. Be sure to also review the grading rubrics to ascertain the breakdown of points by section.

View the Written Assignment #2 Overview page under Week 4 for more information about the assignment. There is also a detailed grading rubric found in the Files section of the Course Menu. See W4 Grading Rubric for Assignment.xls.

Remember to submit your assignment for grading when finished.

JADM 320 (Criminal Procedure)

WEEK 6 YOU DECIDE

This activity places you in the roles of judge, prosecutor, and defense attorney as they negotiate a plea bargain in a particular case. You are asked to respond to specific decision points in the plea negotiations involving Sneaky Pete’s case. Being charged with robbery, Pete’s case poses some challenges for all parties concerned. As part of your answers in this assignment, be sure to address the questions posed by the judge, prosecutor, and defense attorney. Your response should be 700–850 words, doubled spaced, and in 12-point font.

View the You Decide Overview page under Week 6 for more information about the assignment. There is also a detailed grading rubric found in the Files section of the Course Menu. See W6 You Decide Grading Rubric for Assignment.xls.

Remember to submit your assignment for grading when finished.

JADM 320 (Criminal Procedure)

Week 3 quiz

Question 1

(TCO 1) Which branch of government enacts laws?

Legislative

Judicial

Executive

All of the above

Question 2

(TCO 1) Unwritten or judge-made law is called

regulatory law.

common law.

substantive law.

constitutional law.

See Chapter 1 and the Week 1 Lecture.

Question 3

(TCO 1) Bright-line decisions by the Supreme Court

Only involve criminal matters.

are extremely rare.

hand down a specific rule.

are extremely rare and hand down a specific rule.

Question 4

(TCO 2) A crime is defined as

the commission of an act forbidden by law.

failure to take an action that is compelled by law.

both the commission of an act forbidden by law and failure to take an action that is compelled by law.

None of the above

Question 5

(TCO 2) Slick Martin is a local drug dealer. Working from reliable information from a confidential source, Detective Smith wants to enter Slick’s apartment to search for local drugs. Det. Smith will need a _____ to enter Slick’s apartment to search for drugs.

search warrant

subpoena

indictment

search warrant and subpoena

Question 6

(TCO 2) A right to counsel to indigent defendants was provided in

Mapp v. Ohio.

In re martin.

Gideon v. Wainright.

Clements v. Cooper.

Question 7

(TCO 3) To make an arrest, police will most likely use ____ force when a person is suspected of committing violent felony and there is a substantial risk the person will inflict harm on other persons.

minimal

requisite

deadly

All of the above

Question 8

(TCO 3) When conducting a Terry search, police are permitted to

use deadly force.

retrieve a weapon they feel.

pat down outer clothing.

Both B and C

Question 9

(TCO 3) Minnesota v. Dickerson established the standard of

plain touch and feel.

habeas corpus.

duality rule.

All of the above

Question 10

(TCO 3) The basic role of the _____ is to seek justice, not necessarily convictions.

prosecutor

defense attorney

judge

bailiff

Question 11

(TCO 2) Jeff Martin is arrested and will possibly be indicted for a felony count of murder. As the police arrest and process him, what constitutional rights are afforded to him under the Bill of rights? What rights will come into play when the police attempt to interview him?

Question 12

(TCO 3) Chris Leinhouser is a known drug dealer in the area. Police have been watching his residence, where he stays with his wife, for over a month. They have observed people coming and going at all hours. All of them only stay for a minute, or they exchange things when the door is answered. Over the month, police have become aware of what he and his wife look like. On one occasion in which Leinhouser was stopped by police while driving for a traffic violation, he introduced a female as his wife. One day, Officer Miller used a confidential informant to make a buy at the residence. After the informant comes back to the officer’s car with newly purchased drugs, Officer Miller exits his car and goes up to the residence. He knocks on the door and Leinhouser’s wife answers. Miller asks if he can come and conduct a search of the residence. She agrees. Miller finds a kilo of cocaine hidden in a guitar case with Leinhouser’s name on it. Leinhouser is charged with felony drug possession. His attorney files a motion to suppress evidence due to a lack of a search warrant. You are the judge in the case. How would you rule? What are the requirements for obtaining a search warrant for a residence? Can the residence be searched without a search warrant? Be sure to include relevant case law in your answer.

JADM 320 (Criminal Procedure)

Week 5 quiz

Question 1

(TCO 4) Prior to conducting a custodial interrogation, law enforcement must provide _____ to a suspect.

statement of criminal violations

opportunity to speak to an attorney

Miranda warnings

All of the above

See Chapter 8 and the Week 4 Lecture.

Question 2

(TCO 4) The court in this case ruled that a person is not in police custody during a traffic stop.

Plessey v. Ferguson

Berkemer v. McCarty

In re Gault

None of the above

Question 3

(TCO 5) Slicky Willy burglarized Sally Murphy’s home. Willy was spotted by Murphy’s next door neighbor leaving the house. The neighbor, Ms. Cutter, provides police a description of Willy. After police are called, Willy is arrested two blocks away walking down the street. Police pick up Ms. Cutter and drive her over to where police are holding Willy in the back of a cruiser. Willy is taken out of the police car so Ms. Cutter can observe him. Police are conducting a(n) _____ for identification purposes.

on-spot identification

lineup

photo lineup

showup

Question 4

(TCO 5) Which are the two main forms of questions attorneys may ask witnesses during a court proceeding?

Direct examination

Cross examination

Both direct and cross examinations

None of the above

Question 5

(TCO 6) After arrest, some jurisdictions require a suspect to be brought before a judge or magistrate in a relatively short period of time. Which is this hearing called?

Due process

Probable cause

Judges

Initial appearance

Question 6

(TCO 6) In setting bail, a judge or magistrate may consider which factors pertaining to the suspect?

Financial status

Flight risk

Dangerousness

All of the above

Question 7

(TCO 7) Which is the primary role of a prosecutor?

Seek justice

Put defendants in jail

Convict people no matter what

All of the above

Question 8

(TCO 7) The role of a judge includes

hearing pretrial motions.

signing warrants.

sentencing defendants.

All of the above

Question 9

(TCO 7) Prosecutors are restricted from using their discretion to bring charges in which scenario?

When the decision is discriminatory in nature

When the prosecutor doesn’t like the defendant

When the prosecutor is a new attorney

When the defense attorney objects

See Chapter 11, page 344.

Question 10

(TCO 7) Bringing several charges against the same individual is called

severance.

res ipsa loquitur.

selection.

joinder.

Question 11

(TCO 7) Explain how a defendant’s right to counsel in a criminal proceeding has evolved in America. Please address both relevant judicial decisions and legislation in your answer.

Question 12

(TCO 4) Apply the protections of the Sixth Amendment to cases of deliberate elicitation. Be sure to discuss at least one Supreme Court case related to deliberate elicitation.

JADM 320 (Criminal Procedure)

Week 8 Final Exam

Question 1

American law is based primarily upon _____ law.

expressed

tort

common

All of the above

Question 2 Which branch acts as a check and balance between the Legislative Branch and the Executive Branch of government?

Legislative

Judicial

Executive

None of the above

Question 3

Before obtaining a search warrant, law enforcement needs

reasonable suspicion.

probable cause.

habeas corpus.

All of the above

Question 4

An officer who approaches a suspicious person and frisks that person after speaking with him or her is conducting a _____.

stop and frisk

habeas corpus

benevolent hand

All of the above

Question 5 Minnesota v. Dickerson established the standard of _____.

plain touch and feel

habeas corpus

duality rule

All of the above

Question 6

When law enforcement officials inform suspects of their constitutional rights before a custodial interrogation, they are providing them their _____ rights.

habeas

trial

Miranda

None of the above

Question 7 A defense attorney may be _____ to assist in a defendant’s representation.

appointed

a public defender

retained

All of the above

Question 8

Typically, who determines if a charge is filed against a suspect?

Victim

Prosecutor

Judge

Defense attorney

Question 9

Who participates in the jury selection process?

Judge

Defense attorney

Prosecutor

All of the above

Question 10

(TCO 7) When a defendant is released from jail pending his or her trial, oftentimes the court has issued _____ in the case.

bail

pretrial decree

a severance motion

All of the above

Question 11

Most persons who get diversion are _____.

repeat offenders

first-time offenders

violent offenders

sex offenders

Question 12

A plea bargain may revolve around

counts.

charges.

sentencing.

All of the above

Question 13 Evidence that tends to be exculpatory is called _____.

relevant material

Brady material

inculpatory material

All of the above

Question 14

After a judge finds a defendant has violated probation, he or she may

send the defendant back to jail.

reinstate probation.

Add additional fines.

All of the above

Question 15

In deciding what sentence to impose, a judge may look at different factors when arriving at a decision. Select five factors a judge may consider, and state why these factors are important at arriving at a decision.

Question 16

What are the essential elements of a crime? Analyze how the prosecution uses these elements to establish the defendant’s guilt. Are motive and intent the same thing? Does the prosecutor have to prove motive?

Question 17

At arraignment, judges or magistrates often appoint or name counsel to serve defendants. What are their choices? How do the different types of attorneys differ?

Question 18

What are the problems with the bail process? Is it always fair? Can it discriminate against some persons? Why or why not?

Question 19

Discuss at least three of the different types of prison sentencing schemes used in the United States. How do they differ? How do they impact judicial discretion in deciding on an appropriate sentence?

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