Criminal Procedure 10th Edition Joel Samaha - Solutions

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In your opinion, should it matter where each of the defendants were born?Defend your answer.
Do the defendants have a reasonable expectation of privacy in their tweets, texts, and emails? Back up your answer with details from relevant sections of Chapter 1, and sections in this chapter.
In your opinion, do you believe there was probable cause to deny bail to each of the defendants? Back up your answer with details from the affidavit and from the relevant text in Chapter 12.
List all the facts and circumstances relevant to prove there was probable cause to issue the search and arrest warrants.
Do you agree with the Government that the national security outweighs John Doe’s First Amendment right without altering the gag rule? Explain your answer
Do you agree that the Court’s suggestions would correct the violation? Explain your answer.
Explain how the Court of Appeals suggests the FBI can correct the violation.
Explain why the Court of Appeals decided that it violated the First Amendment.
Describe the terms of the gag order.
Describe how John Doe received the NSL.
Interrogate the majority and dissent’s use of statistics. Which best satisfies the evidence-based decision-making ideal?Defend your answer.
Summarize the dissent’s arguments opposing Kim’s detention according to the same balancing.
Summarize the majority’s arguments supporting Kim’s detention according to the balancing of the security individual liberty ideals.
According to the majority opinion, why did Congress enact the law?
Describe how Section 1226(c) changed prior law.
Summarize Section 1226(c) of the Immigration and Nationality Act (INA).
Do the facts of the case support the dissent’s claim that:Every American citizen of Mexican ancestry and every Mexican alien lawfully in this country must know after today’s decision that he travels the fixed checkpoint highways at the risk of being subjected not only to a stop, but also to
Identify the objective basis the Court established, and list the relevant facts that supported the reasonableness of the seizure.
Describe the individual interest in detail.
Describe the government interest in detail.
Does Justice Scalia have a point when he writes: “It would be marvelously inspiring to be able to boast that we have a criminal-justice system in which a claim of‘actual innocence’ will always be heard, no matter how late it is brought forward, and no matter how much the failure to bring it
Summarize Justice Scalia’s strong dissent to the majority opinion.
State precisely the rule the majority adopted to apply to actual innocence claims. In your opinion how “wide” or “narrow” does it open the gate to allow claims of actual innocence?
Explain why the majority of five SCOTUS justices opened the gate to Floyd Perkins’s claim of actual innocence eight years after the AEDPA statute of limitations expired.
State the interests that SCOTUS balanced to arrive at its decision to allow claims of actual innocence. In your opinion, which is more important—the interest in finality or in innocence? Explain your answer.
Trace the procedural history of the case from trial to SCOTUS.
If you were the trial judge, what sentence would you have imposed? Explain how your answer upholds the criminal procedure ideal of proportionality (Chapter 1).
Do you believe the trial court abused its discretion? Back up your answer with facts and arguments in questions 1 to 3.
List the facts that led the state to argue that the trial court abused its discretion when it departed from the guidelines and sentenced Brian Michael Gall to probation instead of prison.
List the facts, and summarize the trial court’s arguments, that led the judge to depart from the guidelines and sentence Brian Michael Gall to probation instead of prison.
State the majority opinion’s definition of “reasonableness” as it applies to (a) the trial court’s sentencing discretionary decision making and (b) the appellate court’s review of the trial court’s decision.Do these definitions help you understand what“reasonableness” really means?
Do you believe 25 years to life is “grossly disproportionate” to Leandro Andrade’s crime? How do you know whether it is or isn’t?
Should the California legislature or the U.S. Supreme Court decide whether punishments are cruel and unusual?Explain your answer.
Are their opinions purely subjective, or are they based on some standards? If so, what are the standards?
How does the dissent know that it is cruel and unusual?
How does the majority know that the three-strikes law isn’t cruel and unusual?
Do Alford pleas promote the accuracy and sorting criminal procedure ideals(Chapter 1)? Why or why not?
Consider the dissent’s comment that Henry Alford was “so gripped by fear of the death penalty” that his decision was “the product of duress.” Should defendants ever be allowed to plead guilty if they believe they’re innocent?Why or why not? Back up your answer with arguments from the
Did Henry Alford knowingly and voluntarily plead guilty?
Which opinion best upholds the accuracy and sorting criminal procedure ideals (Chapter 1)? Why?
Which opinion do you support? Back up your answer with details from the facts and opinions.
Summarize the dissent’s arguments opposing the remand.
Summarize the majority’s arguments supporting its remand for further consideration.
State the test the Court used to determine whether the prosecutor’s peremptory challenges were race-based.
Who has the more convincing arguments? Defend your answer with specifics from the arguments and relevant facts.
Summarize Justice Stevens’s argument that the trial judge didn’t meet her burden to make sure there was a“manifest necessity” to declare a mistrial because the jury was “hung.”
Summarize Chief Justice Roberts’s argument for the Court’s holding that the trial judge didn’t abuse her discretion when she declared a mistrial due to a hung jury.
List all the relevant details surrounding the jury deliberations in Reginald Lett’s first trial.
Just as the jury was about to be selected in Rompilla’s retrial, on August 13, 2007, the Lehigh County, Pennsylvania, county attorney announced a plea agreement:Rompilla pleaded guilty in exchange for life in prison without the chance of parole. The state spent “millions” on Rompilla’s case
Do you agree more with the majority or the dissent? Back up your answer with details from the facts and opinions in the case.
Can you explain why the majority omitted, and the dissent reported, the gory details of the murder and the rape Rompilla was convicted of?
Summarize the dissent’s arguments supporting its conclusion that Rompilla’s lawyers passed both prongs of the Strickland test.
Summarize the majority’s arguments supporting its decision that Pennsylvania deprived Rompilla of the right to the effective assistance of counsel.
List the relevant actions defense counsel took, or failed to take, to defend Rompilla at the conviction and sentencing phases of his trial.
Identify and state the two prongs of the Strickland“effective assistance of counsel” standard.
What criminal procedure ideals relate to this case? How would you balance them?
Does it matter that most pretrial detainees are subject to confinement because they can’t afford bail?
One critic said that it was all well and good for SCOTUS justices to say this case involved detention, not punishment, but it probably would be little comfort for the detainees to know that.Do you agree? Explain your answer.
Distinguish between detention and punishment.
Summarize the arguments of the majority and the dissent. Which is better? Defend your answer, relying on the facts and arguments made in the case.
What, in your opinion, is the proper purpose(s) of bail? Defend your answer.
Does pretrial detention undermine the presumption of innocence?
What did Chief Justice John Marshall mean when he asked, “If it suffices to accuse, what will become of the innocent?”
In your opinion, is pretrial detention punishment or a “regulatory device”?What criteria do you use to answer this question?
What rule would you adopt? Why? Refer to the balancing and sorting ideals to support your answer (Chapter 1).
What does the history of the common law have to do with a decision made in 1991?
What administrative steps and specific circumstances did the Court consider in balancing these interests?
What interests did the Court balance in making its decision?
What reasons does the Court give for deciding that under ordinary circumstances, 48 hours is a reasonable time to satisfy the Fourth Amendment interest in providing a prompt determination of probable cause?
Which rule do you favor, and why?
Summarize the court’s majority and dissenting opinions’ arguments in favor of or against the rule and exceptions in (2).
Apply the facts you listed in (1) to the no-affirmative-duty-to-protect rule, the special-relationship exception, and the state-created-danger exception.
List the facts relevant to deciding whether Donald Johnson is liable for damages to Carol Pinder.
How important is it that Colorado was one of a number of states enacting mandatory enforcement of restraining orders in domestic abuse cases because of the widespread nonenforcement of restraining orders in domestic violence cases?
Do you think the Colorado “mandatory” enforcement statute intended to take away the Castle Rock Police Department’s discretion in enforcing the restraining order? Defend your answer.
Summarize the dissent’s arguments supporting its conclusion that Gonzalez does have a constitutional right to have the Castle Rock police enforce the restraining order against her husband.
Summarize the majority opinion’s arguments supporting its conclusion that Gonzalez has no constitutional right to have the Castle Rock police enforce the restraining order against her husband.
Do you believe it should be the federal courts’ “business” to decide when police officers are liable when private people beat up other individuals? If you do, who should make these decisions?State courts? Legislatures? Special panels of experts? Explain your answer.
Summarize the Court’s arguments applying the state-created-danger rule to the facts of this case.
List all the facts relevant to deciding whether NYPD officers allowed Kreitman to beat Steven Dwares.
Do you believe Robert and Sarisse Creighton and their children should have received damages for what happened? Defend your answer, relying on the facts and the arguments of the majority and the dissent. How does your answer address the balance ideal?
Explain what Justice Stevens means by“the Court counts the law enforcement interest twice and the individual’s privacy interest only once.”
Which of the opinions do you agree with?
Summarize the dissent’s objections to the majority’s definition of “qualified immunity.”
List the reasons the Court gives for defining “qualified immunity” the way it does.
State the test for qualified immunity adopted by the majority.
Which of the opinions do you agree with? Support your answer using the criminal procedure ideals of accuracy, sorting, and remember the innocents.
Identify the dissenting justices’ reasons for arguing that the deterrence justification for the good-faith exception should be applied to all government officials.
State the Court’s reasons for limiting the deterrence justification to law enforcement officers.
In your opinion, who has the better argument? Defend your answer.
Summarize Justice Kennedy’s concurring opinion. What is the significance of his opinion? Explain.
Summarize the dissent’s reasons for opposing the “knock-and-announce”exception.
Summarize the majority’s reasons for creating the “knock-and-announce”exception.
List the relevant facts regarding the police entry into Booker T. Hudson’s home.
In your opinion, which side has the better arguments? Explain your answer.
Summarize the dissent’s arguments supporting its decision that forensics lab personnel should not be required to testify to their test results.
Summarize the majority’s arguments supporting its decision that forensics lab personnel have to testify to their test results.
How successfully does the case interrogate the innocence and evidence-based ideals? Explain your answer.
Summarize Justice Alito’s point in his concurring opinion. Do you agree with him? Explain your answer.
What do you make of the disagreement between the majority and the dissents’ interrogation of the facts in the case?

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Criminal Procedure 10th Edition Joel Samaha - Solutions

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