Criminal Procedure 4th Edition Joel Samaha - Solutions

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What facts undermine the contention that Fields shot Bares as an act of unconsciousness or automatism? Why, for instance, was Fields carrying a pistol? Did he have a motive for kiling Barnes? Was his conduct consistent with an individual displaying "disassociation"? Are the witnesses cited by the
The Justice Policy Institute has reports on the Three Strikes laws that you can find on the Web site of this nonprofit research organization.1 Why is unconsciousness or automatism a criminal defense? What facts support the defendant's contention that the killing of Barnes was an unconscious
Explore various public policy issues in sentencing on the Web site of The Sentencing Project.
The Death Penalty Information Center provides information on capital punishment. You will also want to read about the death penalty around the world.
Outline the debate over whether the possession of crack cocaine should be punished more severely than the possession of powder cocaine. What is the approach under the federal sentencing guidelines and in most states?
What is the legal test for determining whether a law that is neutral on its face is in violation of the Equal Protection Clause?
Why is it a violation of equal protection for race, gender, religion, ethnicity, or nationality to play a role in sentencing?
What is the approach of courts that are asked to decide whether a sentence for a "term of years" is propor- tionate to the crime? Why do judges take such a hands-off approach in this area?
Why did the Supreme Court rule that it is cruel and unusual punishment to execute juveniles?
Discuss the efforts of the Supreme Court to ensure that the death penalty is applied in a proportionate fashion.
How do courts determine whether a method of punishment is prohibited under the Eighth Amendment? Does lethal injection constitute cruel and unusual punishment?
List the three protections provided under the Eighth Amendment.
What types of protections are included within victims' rights?
Describe truth in sentencing laws.
Why were sentencing guidelines introduced? How were the guidelines affected by recent Supreme Court decisions?
Describe the various approaches to sentencing. Contrast indeterminate and determinate sentencing. What approach do you favor?
List several of the criteria that are used to evaluate approaches to sentencing. Which do you believe is most important?
What are some types of sentences that a court may impose?
Discuss the purposes of punishment. Which do you believe should be the primary reason for criminal punishment?
Distinguish between civil disabilities and criminal punishments. Why did the Supreme Court rule that the sanction provided for in Megan's Law was not a criminal punishment?
How would you rule in Wilson?
Summarize the main points made in the dissenting opinion.
Does it make sense that because Widner was more than four years older than his sexual partner, his punishment was not considered to be cruel and unusual?
Had the Georgia legislature not modified the punishment for aggravated child molestation, would the Georgia Supreme Court have ruled that Wilson's sentence constituted cruel and unusual punishment?
Explain how, following Wilson's conviction, Georgia courts could hold that Wilson had not been subjected to cruel and unusual punishment, and then two years later reverse themselves and hold that Wilson's punishment constituted cruel and unusual punishment.
Why did the Georgia Supreme Court rule that Wilson had been subjected to cruel and unusual punishment?
What was Wilson's original prison sentence? How was the law changed following his conviction?
How would you rule in Simmons?
The jurors at trial concluded that Simmons deserved the death penalty. Would it be a better approach to permit each state to remain free to determine whether to impose the death penalty for juveniles under eighteen? is life imprisonment without parole a proportionate penalty for a juvenile
Explain why Justice Kennedy refers to other countries. Is this relevant to a decision of the U.S. Supreme Court?
Why does Justice Kennedy conclude that juveniles are not among the "worst offenders who merit capital punishment"? What does Justice Kennedy write about the interests in retribu- tion and deterrence in regard to juveniles?
What are the similarities and differences in statistics relating to the execution of the mentally retarded compared to the data concerning juveniles? Is there a clear consensus against capi- tal punishment for individuals under eighteen?
Summarize the data Justice Kennedy reviews in concluding that capital punishment for juveniles is disproportionate punishment.
Consider the debate over the meaning of the Second Amendment and the right to bear arms.
Read about flag burning and freedom of speech.
As a final exercise, consider life in a country that does not provide safeguards for civil liberties. How would your life be changed?
Write a short essay on the constitutional restrictions on the drafting and enforcement of criminal statutes.
Where is the right to privacy found in the U.S. Constitution? What activities are protected within this right?
What is the difference among the "rational basis," "intermediate scrutiny," and "strict scrutiny" tests under the Equal Protection Clause?
Why does the U.S. Constitution protect freedom of expression? Is this freedom subject to any limitations?
Explain the standards for laws under the Due Process Clause.
Define and compare bills of attainder and ex post facto laws. List the various types of ex post facto laws. What is the reason that the U.S. Constitution prohibits retroactive legislation?
Define the rule of legality. What is the reason for this rule?
Explain the philosophy underlying the United States' constitutional democracy. What are the reasons for limiting the powers of state and federal government to enact criminal legislation? Are there costs as well as benefits in restricting governmental powers?
Do you agree with the California Supreme Court's ruling that George T.'s poem is protected speech under the First Amendment?
Does the California Supreme Court's focus on specific words lead the court to overlook that the poem was interpreted as a threat by Mary and Erin?
Do you think that the supreme court's decision was influ- enced by the fact that George T. was a juvenile and that the alleged threat was contained in a "poem"? Note that a num- ber of prominent writers viewed George T.'s prosecution as a violation of artistic freedom and urged the court to dismiss
Why did the California Supreme Court conclude that George T.'s poem did not constitute a clear threat? Did the court fully consider the circumstances surrounding the threat? Should the court have analyzed whether George T. intended to harm other students?
What are the elements of the crime of a "true threat" under Section 422 of the California Penal Code?
Describe the responses of Mary, Erin, and Natalie to George T.'s poem. What occurred when the police confronted George T. and conducted an investigation at George T.'s school?
Summarize the facts in George T.
The Montana state legislature reacted by establishing speed limits of "75 mph at all times on Federal... interstate high- ways outside an urban area" ...and "70 mph during the day- time and 65 mph during the nighttime on any other public highway." Why did the legislature believe that this statute
Do you agree with the majority opinion or with the dissenting judges?
Why does Chief Justice Turnage refer to Section 61-8-303(1), MCA as an "important traffic regulation" and stress that this has been the law for forty-three years? Can you speculate as to why Montana failed to post speed limits on highways?
The statute employs a "reasonable person" standard and lists a number of factors to be taken into consideration in determin- ing whether a motorist is driving at a proper rate of speed. Was the decision of the Montana Supreme Court based on the lack of notice provided to motorists concerning a
What were the facts the police officer relied on in arresting Stanko for speeding? Contrast these with the facts recited by Stanko in insisting that he was driving at a reasonable speed.
What is accounting?
How does the cause-and-prejudice rule and the exhaustion-of-state-remedies rule promote the in- terests in finality and federalism?
Describe the narrow interpretation and the broad interpretation of the Habeas Corpus Act.
What interests does the law of habeas corpus balance?
What are the main elements of habeas corpus?
How do appeals differ from habeas corpus proceedings?
Identify and define the major principles govern- ing the scope of appellate review.
What is the basis for the right to appeal?
How do the procedures for death sentences differ from those for other sentences?
What are the results of empirical research re- garding the mandatory minimum sentencing laws?
What are the arguments for and against sen- tencing guidelines and mandatory minimum sentences?
Why have sentencing guidelines and mandatory minimum sentences come into prominence?
Define sentencing guidelines and mandatory minimum sentence laws. + Briefly explain the history of mandatory mini- mum sentences and of sentencing guidelines.
What circumstances may judges consider in sentencing?
Contrast the rights of defendants before and after conviction.
Can defendants voluntarily plead guilty if they believe they are innocent? Explain.
What rights do defendants forfeit when they plead guilty?
Why do defendants enter straight guilty pleas?
Distinguish between straight and negotiated guilty pleas.
What are the main advantages and disadvantages of guilty pleas?
Why is the presentation of evidence the high point in the criminal process?
Define jury nullification. What are the reasons for and against it?
What are the arguments for and against unani- mous jury verdicts?
What are the arguments for and against twelve- member juries? Six-member juries? Fewer-than- six-member juries?
What are the arguments against extending the right to jury trial to all criminal cases?
Compare and contrast the interests promoted in conviction by plea and by trial.
What interest does suppression primarily promote?
What is the orthodox rule in deciding the admis- sibility of evidence?
What is the difference between personal and ju- dicial bias? Which is used to determine whether to grant a change of judge?
What elements are taken into account in deter- mining whether to grant a motion to change venue?
When does time start to elapse for speedy trial purposes?
Define double jeopardy and explain its primary purpose.
What predominant interests do pretrial motions promote?
What are the remedies for improper grand jury proceedings?
Should grand jury review be abolished? Give reasons for and against
What interests do grand jury reviews emphasize? Which do they reduce?
What is the root of the criticism that preliminary hearings are becoming "minitrials"? 7.What interests do preliminary hearings further? Which do they minimize?
What rules of evidence apply to preliminary hearings?
Distinguish between the quantum of proof re- quired to arrest and that required to bind over or indict +. Do defendants have a right to a preliminary hearing? Explain.
Describe the principal functions of the prelimi- nary hearing. Which one or ones are most in- portant? Explain.
What are the main differences between grand jury review and preliminary hearings?
With respect to the Sixth Amendment right to counsel, when does the right attach, to what kinds of cases does it apply, and what does effec tive counsel mean?
What are all the result, process, organization, and broad social interests that are balanced and promoted in the decisions to charge defendants, assign counsel to indigent defendants, and re- lease or detain defendants prior to trial? How would you balance these interests?
What are the arguments in favor of and against preventive detention? Which do you think are most persuasive?

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Criminal Procedure 4th Edition Joel Samaha - Solutions

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