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Criminal Procedure 4th Edition Joel Samaha - Solutions
Should an absolute right to bail exist? Explain. In your opinion, what is a good definition of indigent?
How does the initial appearance differ from ar- raignment? Preliminary hearings? Grand jury review?
Describe the major functions that magistrates perform at the initial appearance.
What decisions must prosecutors make when po- lice bring them cases for further action?
What are the acceptable and unacceptable crite- ria upon which prosecutors can decide to charge?
Distinguish between the arrest, interrogation, and identification stage in the criminal process (discussed in Chapters 5 through 9) and the charging and first appearance stage (discussed in this chapter).
What are the remedies available under internal agency discipline? Explain the strengths and the weaknesses of internal discipline.
How successful are those who sue the gover ment or their agents? Explain why.
What immunity do prosecutors have from law- suits by individuals?
What are the requirements for suing the govern- ment under $1983? How do they differ from suing individual government agents?
What did the Supreme Court decide in Ander- son v. Creighton? What is the significance of the decision?
Explain "immunity." When is it available to local and state governments and their agents? When is it available to the federal government and its agents?
What are the principal state tort actions available to individuals against governments and their agents?
Define constitutional torts and explain when they provide grounds for suing the government.
Identify and define the principal remedies that individuals seek when they sue the government br its agents.
Explain the relationship between due process and the defense of entrapment. 11 Define and explain how reversible error works. 12 Define expungement and explain when it is available.
Identify, define, and explain the three principal tests of entrapment. Give examples of each.
Explain how and under what circumstances the remedy of "dismissal" works
Define the good faith exception and explain its rationale 7 Define and explain the significance of the doc- trine of standing.
Define the fruit of the poisonous tree doctrine, and then identify the principal exceptions to it.
Identify and describe the major exceptions to the exclusionary rule.
Identify the major social costs of the exclusion- ary rule. What does empirical research tell us about the social costs of the exclusionary rule?
Identify and explain the three rationales for the exclusionary rule. Which rationale does the pres ent Supreme Court adopt, and why?
Define the exclusionary rule and describe its history
Identify and describe the four major standards that courts use to determine the admissibility of DNA testing as evidence
Identify and fully explain the three steps upon which the correct identification of criminal sus pects by means of DNA testing depends.
Explain whether the problems of DNA evidence arise out of the theory, the techniques, or the ad- ministration of the tests.
What was the initial response and later reaction of the courts to the admissibility of DNA testing? Explain the change.
What are the consequences of refusing to partici- pate in an identification procedure? 12 Explain DNA testing and its potential value as an identification procedure.
What is the effect of an unduly suggestive but re- liable identification procedure?
What are the circumstances that the Court relies on in evaluating the totality of circumstances surrounding an identification procedure?
Explain the two-pronged test that the Supreme Court adopted to evaluate due process claims during identification procedures.
When does due process apply to identification procedures?
When does the right to counsel apply to identifi- cation procedures, and why?
What is the most reliable identification proce- dure? What procedure is the most widely used?
What does the reliability of identification mainly depend upon?
What are the major reasons for misidentification?
Identify and describe the major kinds of eyewit- ness identification.
Explain the importance and dangers of identifi- cation procedures.
Explain the significance of the Court's decision in Arizona y. Fulminante.
What are the main kinds of circumstances that the courts take into account in the totality-of- circumstances test to determine the voluntari- ness of confessions?
What two elements make a confession involun- tary, according to the Supreme Court in Col- orado v. Connelly?
Explain fully how suspects can waive their right against self-incrimination.
Describe and explain the significance of the "public safety exception" to the Miranda warm- ing requirement.
Explain the difference between the meaning of interrogation according to the Sixth Amendment right to counsel clause and the meaning of inter- rogation according to the Fifth Amendment self- incrimination clause.
Does the Constitution require the giving of the Miranda warnings? Explain.
What effects has the decision in Miranda v. Ari- zona had on the number of confessions?
Identify and define the two conditions under which the police are required to give individuals the Miranda warnings.
List the Miranda "warnings" that police are re- quired to give suspects.
What combination of developments led the Supreme Court to decide Miranda v. Arizona?
Identify the main types of self-incriminating evi- dence not protected by the Fifth Amendment.
To what kinds of self-incriminating evidence does the Fifth Amendment apply?
Summarize the facts and explain the signifi- cance of Escobedo v. Illinois.
What are the main rationales that the Supreme Court has used to prohibit the admission of in- voluntary confessions into evidence against the accused in criminal trials?
Summarize the facts and explain the signifi- cance of Brown v. Mississippi.
Explain how the Supreme Court has applied the provisions identified in question 6 to confessions cases.
What three constitutional provisions has the Supreme Court relied upon in reviewing confes- sions cases?
Describe the state of our knowledge of the abuse of police interrogation.
Explain the cases for and against police interrogation.
Explain the dispute about the importance of, and summarize the empirical evidence regard- ing, custodial interrogation and the resulting in- criminating evidence.
What is the heart of the controversy surrounding the decision in Miranda v. Arizona?
Compare the popular view of Miranda v. Ari- zona and the reality of police interrogation.
What is the special need and what is the in- vasion of privacy involved in employee drug testing?
When and for what purposes is it reasonable to search students without either warrants or proba- ble cause?
When and for what purposes is it reasonable to search employees of and visitors to prisons with- out either warrants or probable cause?
What special needs do searches of prisoners, pro- bationers, and parolees serve, and what is the ex- pectation of privacy for people convicted of crimes?
What are the special needs in conducting airport searches?
Explain why border searches are reasonable without either warrants or probable cause.
Define inventory searches, and explain and iden- tify the main elements in determining their reasonableness.
Explain how the balancing approach works in determining the reasonableness of special needs searches.
Compare and contrast the "special needs" searches with the searches discussed in Chapter 61
What is the significance of the reference in the Fourth Amendment to the "people" generally?
Under what circumstances should motor homes be considered vehicles? Why?
What two major reasons justify warrantless searches of vehicles?
Under what circumstances should third-party con- sent be permitted? Explain your answer.
Explain the voluntariness and waiver tests for con- sent searches. Which test do you think is better? Give reasons for your answer.
Explain the "would" and "could" tests regarding pretext searches.
What are the two major purposes of warrantless searches incident to lawful arrests? +. What are pretext searches, and what are the argu- ments for and against them?
Under what circumstances may officers execute a search warrant without announcing their entry?
What is the particularity requirement?
Identify and explain the test for determining whether the use of force in executing an arrest is a reasonable seizure.
When can police officers use deadly force to make arrests? If you were writing the law, what provision would you make covering deadly force?
Do you think spraying mace or using chokeholds to subdue arrested suspects is protected by the Fourth Amendment? By any other amendments? Explain.
Why do police officers need a warrant to enter a private home to arrest a suspect? In what circum- stances may police enter homes without warrants to arrest citizens?
Explain the two-pronged and totality-of- circumstances tests to determine the trust- worthiness of informants' evidence.
Identify the major kinds of informants, and briefly describe the reliability of each.
What is the difference between hearsay and di- rect information? Which is more reliable? Why?
Define probable cause and give an example of it.
Compare an arrest with a stop.
What determines the reasonableness of an arrest?
What interests does the law of arrest balance?
What are the major arguments in favor of allow- ing frisks? What are the major dangers?
How extensive a search might a frisk include?
What is the objective basis of a frisk? List three examples of what this basis might consist.
Define a frisk.
How and why does the Fourth Amendment apply more flexibly to DWI checkpoints?
How and why does the Fourth Amendment apply more flexibly to stops and searches at inter- national borders?
What three criteria measure the scope of a stop?
Explain the difference between actual seizure and show-of-authority stops. When is a person seized in a show-of-authority stop?
What is the objective basis for a lawful stop? Give at least three examples of what such a basis might consist.
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