Criminal Evidence Principles And Cases 9th Edition Thomas J Gardner, Terry M Anderson - Solutions

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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?
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 between 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 void for vagueness and the significance of this concept.
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?
Why is understanding criminal law important in the study of the criminal justice system?
What are the primary sources of criminal law? How does the U.S.Constitution limit criminal law?
What is the legal basis for federal criminal law? Define the preemption doctrine and dual sovereignty. What is the significance of the Interstate Commerce Clause?
Why is the Model Penal Code significant?
Discuss the nature and importance of the state police power.
Discuss the development of the common law. What do we mean by common law states and code jurisdiction states?
What is the difference between mala in se and mala prohibita crimes?
Distinguish between felonies, misdemeanors, capital felonies, gross and petty misdemeanors, and violations.
List the basic principles that compose the general part of criminal law.
Is there a difference between criminal law and criminal procedure? Distinguish between the specific and general part of the criminal law.
What is the purpose of criminal law?
Distinguish between criminal and civil law. Distinguish between a criminal act and a tort.
Define a crime.
Most states use some form of breathalyzer device like the BAC Datamaster machine to test for blood/alcohol concentration (BAC). However, these machines give only estimates of the BAC, and are subject to error. States also rely on the HGN test in DUI prosecutions. At least one state, South Dakota,
In child sexual abuse cases, where the victim(now an adult) first reports the abuse years after the event is alleged to have happened, the reliability of the victim’s memory of the event is central to the case against the alleged assailant. To bolster the victim’s testimony, the prosecution
Compare the opinion in the Utah case discussed above to the opinion of the Michigan Supreme Court in People v. Kowalski, 821 N.W.2d 14(Mich. 2012), where the court refused to allow expert testimony on false confession theories.Which court has the better argument?
The Daubert rules for the prevention of the admission of “junk science” go beyond classic chemical, biological, or physical science theories.They also apply to the reliability of the premises an expert relies on for an expert opinion.An example is the case of State v. Perea, 322 P.3d 624 (Utah
A defendant was charged with murder in a shotgun slaying at a residence. Although fingerprints and shoeprints were found at the crime scene, they were not shown to match defendant’s fingerprints or shoes. The prosecution offered testimony by a state police officer who was a qualified firearm and
Bank robbery trials often include video evidence of the robbery. (The admissibility of such videos was discussed in Chapter 17.) Where the facial image on the video does not clearly match the defendant’s face, what may the prosecution do to otherwise use the video to connect the defendant to the
In Chapter 16 we discussed palm print evidence as a method of identifying a suspect in a crime.Experts who give testimony on palm prints must show their testimony is based on reliable scientific theories and methods. Human palms have creases and ridgelines, which are used to make comparisons
Not every state has a rule of evidence patterned after Rule 702 of the Federal Rules, and thus not every state court uses the tests identified in the Daubert case for admissibility of scientific evidence.In State v. Jones, 681 S.E. 2d 580 (S.C.2009) the prosecution attempted to prove the defendant
Shoplifters are not always discovered by personal observation of store employees. As a result, a store “loss prevention officer” often reviews store videotapes to determine if any illegal activity in the store occurred. When the video shows suspicious activity, how does the officer determine
In child sexual abuse prosecutions, evidence of the abuse is frequently captured on videotape.However, the videotape is also commonly made by the defendant. Fed. R. Evid. 901 (a), and most state evidence rules, require the proponent of a videotape to produce evidence showing the video accurately
Three men are murdered in their hotel room.Based on hotel surveillance video tapes, one of the men is seen entering an elevator with the defendant, and the defendant is later seen leaving the hotel carrying a cooler identified as belonging to one of the victims. The hotel security staff did not
Photographs and videotapes can serve the same function as live witnesses; that is, they can show by pictures what a witness might otherwise describe in words. But more dramatically than words, photographs and videotapes have the potential to unfairly influence or prejudice the jury. This is nowhere
Federal officers suspected the defendant was acting as an agent for Iraq in the United States.An American counterintelligence officer working in Iraq obtained a file (the “Baghdad file”)that contained documents that incriminated the defendant. Are the documents admissible?(See United States v.
Border patrol officers routinely inspect a database called “CLAIMS,” which contains names of persons who have filed applications to reenter the United States after having been deported. If the search comes up empty, the suspect is charged with illegal reentry. May the officer who searched the
Courts often say the fact that photographs of the victim are gruesome and upsetting does not alone require their exclusion from a trial. In United States v. Salim, 189 F. Supp. 2d 93(S.D.N.Y. 2002), the trial court did refuse to admit photographs of a victim’s head, showing damage inflicted by a
To be admissible in a criminal trial, a video purporting to depict a defendant must have sufficient clarity to be understood by the jury.If a video lacks that clarity, can the prosecution produce a witness to testify that he is able to recognize the defendant in the video, even though others may
(1) Did the court decide if the officer was entitled to enter the premises in a hot pursuit?(2) If not, and the officer was mistaken in his belief that he was entitled to enter, what was the standard used to judge the police officers’mistake in order to escape civil liability.
When police chase a suspect in “hot pursuit”and in the process enter a residence, they obviously do so without a warrant. However, in a sense the residence is now the crime scene, and at least to some degree police should be entitled to enter the crime scene to apprehend the criminal.What if
Defendant was admitted to a hospital after a traffic accident where three occupants of another vehicle died after colliding with the vehicle driven by defendant. Paramedics drew samples of the defendant’s blood and placed them in tubes held in a collection bag. Police investigators interviewed
Many, perhaps even most, murders are solved by circumstantial evidence. Physical evidence like fingerprints or DNA found at a crime scene requires a two-step process for using such evidence at a criminal trial. First, the defendant must be linked to the evidence by appropriate fingerprint or DNA
In 1994 a rape victim was brought to a hospital after the assault, and a rape kit was used to hold sperm and blood samples taken from the victim.Later, the sperm samples were subjected to DNA tests, and a male DNA “profile” was created and filed in databases, including the CODIS federal DNA
In People v. Davis, 879 N.E.2d 996 (Ill. App.2007), review denied, 888 N.E.2d 1186 (Ill.2008), the defendant was convicted of murder.The only physical evidence connecting him to the murder was a lip print on a roll of duct tape found near the victim, which the state’s expert testified were
Fortin was convicted of sexual assault on a woman, which included bite marks on the victim’s chin and left breast. After this conviction, Fortin was charged with the murder of another woman. At his trial on the murder charge, the prosecution wanted to introduce the evidence of the prior assault,
Fingerprints found at a crime scene must match those of a defendant before they can be admitted as evidence. However, the prosecution must also prove the fingerprints were left at the time the crime occurred. That can be a problem where a defendant had access to the place where the fingerprints
The application of the Fourth Amendment, under Davis v. Mississippi and Hayes v. Florida(discussed in this chapter), to fingerprints taken from a suspect after an illegal arrest or detention is not uniform in lower federal courts. Compare the holdings of the courts in United States v.Plaza-Leon,
The decision in United States v. Jones no doubt came as a surprise to law enforcement officers.Most decisions before Jones had held that attachment of GPS devices and “beepers” to cars were not searches under the Fourth Amendment. In Chapter 10 of this text we discuss the “good faith”
Could police officers obtain an anticipatory search warrant authorizing a search of a house where, after knocking on doors at random, the police officer was able to execute a “controlled”buy of illegal drugs? Why does United States v.Grubbs, discussed in this chapter, say no to that question?
Assume police officers obtain a search warrant based on evidence a defendant had what a witness believed were automatic weapons in his home. The witness saw the “guns” in a hall closet in the defendant’s home. The witness was reliable. Officers executed the warrant by first searching the hall
Jardines held a warrantless attachment of a GPS device to a suspect’s car was a search, and a violation of property rights of the car’s owner protected by the Fourth Amendment. What about passengers in a car to which a GPS device had been attached without a warrant? In United States v. Davis,
As noted in the text, some controversy exists among state courts on whether dog sniffs are searches, in particular when the sniff is not of a vehicle (as was the case in Illinois v. Caballes, the U.S. Supreme Court decision on this subject discussed in this chapter). How did the Minnesota court
In Florida v. J. L, discussed in this chapter, the U.S. Supreme Court appears to say that anonymous tips are not sufficient to justify police searching or arresting a suspect. However, as the discussion of that case showed, the ruling in the case was carefully tailored to the facts. It is not
As the text notes, the “plain view” doctrine is often used to justify the admission of evidence of crimes discovered when officers “look” inside a computer file pursuant to a search warrant or in another lawful manner. Because cell phones, in particular smartphones, have video storage
Most states have wiretapping statutes modeled after the federal wiretap law, 18 U.S.C.A.§ 2510. These laws typically have provisions limiting the use of information gained by a prohibited “interception” of a “wire, oral, or electronic” communication. In Hentz v. State, 62 So.3d 1184 (Fla.
A police officer stopped the defendant after observing a traffic violation. When the officer approached the defendant’s car he saw an artificial bladder device the officer knew could be used to cheat on a drug-urine test. He therefore began investigating to see if the defendant was on probation,
Police knew the defendant was travelling by train, and when the defendant exited the train the officers arrested him on an outstanding warrant, and handcuffed him. The officers then searched a roller luggage bag, and found illegal drugs. At his trial on the drug charges the defendant moved to
A police officer received a complaint about defendant’s loud car, and went to defendant’s residence to talk about the problem. At the door the officer smelled what he thought might be marijuana. He knocked at the door, and covered the peephole so the occupant could not see who was knocking.
Assume an officer stopped a car with only one working brake light, because the officer believed having only one working brake light was a violation. The officer asked for consent to search the car, which was given. The search turned up illegal drugs, and the owner of the car was convicted of
Assume a police officer, after making a lawful stop, conducts an invalid search of a vehicle under the Gant rule. The search uncovered illegal drugs and weapons, and the driver was arrested. The car was impounded and brought to a police impound lot. The driver was charged with possession of illegal
After overhearing from a public telephone what appeared to be arrangements for a drug transaction, a Florida police officer followed the defendant’s car. When Jimeno committed a traffic violation, the officer stopped his car. The officer told Jimeno that he believed that Jimeno was carrying
Portland, Oregon, police officers were investigating the strangulation murder of the defendant’s wife in her home. The defendant was not living with his wife and voluntarily came into the police station with an attorney for questioning.The defendant was not arrested, but probable cause to arrest
Detectives first noticed the defendant at a ticket counter in the Miami airport. Their attention was drawn to the defendant because he and his two companions behaved in an unusual manner as they left the counter. The other two men talked to each other but not to the defendant.When one of the men
What happens when an identification of a defendant made by a witness at a pre-trial lineup was done under circumstances that an appeals court concludes rendered the subsequent identification by the witness at the defendant’s trial inadmissible? If the prosecution decides to retry the defendant,
Other witnesses had told police the shooter was a short man. Is this photo lineup unduly suggestive? Does it matter if the witness said he did not notice the height ruler? If the photo lineup is unduly suggestive, does that mean an identification of the defendant by the witness at the trial must be
Assume a witness to a shooting is shown a photo lineup with six persons, each standing next to a ruler that measures height. One person, the defendant, is 5 feet 6 inches tall; the other persons shown vary from 5 feet 11 to 6 feet
A witness to a shooting is brought to the police stationhouse for a photographic array in an attempt to identify the shooter. The witness is shown six photographs simultaneously, grouped in two rows of three. The witness identifies the defendant as the shooter, and does so again at trial. Is there
Assume a witness observed a man, who fit the description of a man involved in a shooting, exiting a white car that was involved in the shooting. A few minutes later, police brought the man, wearing handcuffs, to the witness for a“showup,” telling the witness the man had thrown away a brown
In Tillman v. State, 2011 WL 4577675(Tex. Crim. App. 2011) the court reversed a trial court’s decision in a murder trial to exclude evidence of an expert witness called by the defendant to give an opinion on eyewitness identification reliability. The court referenced the New Jersey Supreme
All courts state that one-person showups are not the best practice, and present greater risks of misidentification than lineups. However, most courts also permit the use of showup identification evidence, if the showup was tied to “exigent circumstances.” In the following case from
This actually happened; you be the judge. Police arranged a lineup for a witness to view so he could identify the person who robbed him.Because the police could not get the witness on the phone, they left a message with his mother asking her to tell the witness to be at police headquarters at a
The police arrest a suspect in a murder/robbery case. They bring the suspect to police headquarters for a lineup where three witnesses to the crime would view the suspect. In order to fill the lineup, the police place Raheem, who was being held in connection with an unrelated crime, in the lineup
It is sometimes said that “custody” for Miranda purposes occurs when a person believes he is not“free to leave” when police interrogate him. As we will see in Chapter 14, a person is “seized”under the Fourth Amendment when he believes he is not “free to leave.” Are they the same
The “question first, warn later” procedure condemned in Missouri v. Seibert (discussed in this chapter) involved a police department that used the procedure in a deliberate attempt to circumvent Miranda. Should police be permitted to use the tactic if they have a reason for doing so, other than
The U. S. Supreme Court has held that police may not circumvent the Sixth Amendment by using informants, like fellow prison inmates or friends of a defendant, to conduct interrogations for the police. On the other hand, there appears no reason to suppress a statement made to an informant
A 15-year-old boy confessed to the homicide of a man during a “crack” cocaine transaction.After giving him his Miranda warning, detectives questioned the boy for 11 hours, with a few breaks between sessions, and the boy ultimately confessed. After unsuccessfully trying to suppress the
As stated in this chapter, the right to counsel under the Sixth Amendment is “charge specific,”meaning that the right attaches only to interaction with police relating to the charges against the defendant. As a result, police may question a defendant charged with one crime about another crime,
Police were called to a crime scene at night, where a woman had been killed by being struck in the head with a blunt object. While canvassing the vicinity of the crime scene the police encountered the defendant, who fit the description of two men observed kicking the victim.The police officer
Most courts continue to hold that the results of polygraph tests are not admissible in criminal trials, mainly because the science behind polygraph tests has not been shown to be “reliable.”(See the discussion of scientific evidence in Chapter 18.) In United States v. Allard, 464 F.3d 529 (5th
The police arrested a defendant in connection with a murder by gunshot in which another person was also involved. After giving the defendant the Miranda warnings, the defendant requested an attorney. The police ceased interrogation, and placed the defendant in a cell. A few minutes later the lead
Can police take a DNA sample from the saliva left on a straw used by a probationer who is required to take routine sobriety tests as part of his probation for a DUI conviction? Can they then see if it matches the DNA left at the scene of a homicide? What do you see as the issue presented by these
Assume a police officer in a valid traffic stop of a vehicle learns a passenger in the vehicle is on parole. The officer orders both the passenger and the driver out of the car, searches it thoroughly, and finds evidence the driver of the car had illegal drugs in the car. Assuming the search of the
The city council passed a law that required every vehicle owned by a city resident to have a city sticker displayed on the vehicle’s license plate. The purpose of the law was to collect the$10 sticker fee. May the city police set up a“sticker checkpoint” to stop vehicles to see if they have
Under the school search rules, can the principal of a high school go out in the parking lot and search the vehicles of students he suspects are using illegal drugs? What about student cars parked across the street from the high school?See J.P. v. Millard Public Schools, 830 N.W.2d 453 (Neb. 2013).
The U. S. Supreme Court has held parolees have a limited expectation of privacy in their persons and their homes, such that police can make a warrantless, suspicionless search of those places.Does that mean the police can conduct a similar search of every place a parolee visits or stays for a
As we saw in this chapter, cases like New Jersey v. T.L.O. require “reasonable suspicion” for searches of school children on school property.However, cases like Vernonia School District v.Acton and Board of Education of Pottawatomie County v. Earls permit random, suspicionless searches of
In Michigan State Police v. Sitz, the Supreme Court held sobriety checkpoints constitutional in part because they differed from “roving-patrol”stops of motorists because the checkpoints were established by police supervisors. Why does that matter? May field officers make their own independent
How far does the “workplace” extend so as to apply the rules in O’Conner v. Ortega? May prison officials search the vehicles owned by prison employees parked in the prison parking lot? Do they need “probable cause” and a search warrant, or reasonable suspicion? If the latter, what is
Passengers in a vehicle do not ordinarily have a reasonable expectation of privacy in the vehicle.Thus, if the passengers have hidden illegal drugs in the trunk of the car, police can search the trunk without probable cause, and the illegal drugs will not be excluded. On the other hand, if a person
Assume that a defendant’s wife opened a compressed file on the defendant’s computer, and saw a child pornographic image. The wife copied the file to a disc, and brought the disc to the police, who opened it and found other pornographic images, as well as photographs of the defendant sexually
We now know police may not, without a search warrant, attach a GPS tracking device to our vehicles to follow us as we drive the vehicle. Can they follow us by “pinging” our cell phone, and use the “pings” to follow us from one cell tower to another? In United States v. Skinner, 690 F.3d 772
Do you have a “reasonable expectation of privacy”in the text messages you send from your cell phone? As we will see later in this book, the U.S. Supreme Court held in Riley v. California, 134 S. Ct. 2473 (2014), that police could not make a warrantless search of an arrested person’s cell
Consider the issues presented by the following fact situation. A person regularly spent time at his girlfriend’s apartment, often staying for weekends. He left a box with the girlfriend, telling her not to “mess with” the box. Based on information from another person, police came to the
Private searches are not subject to the exclusionary rule in part because no government agents are involved with the search. What happens when government employees conduct searches for personal reasons, but find evidence of crimes, which they then turn over to law enforcement officers? See United
Consent searches are lawful; what limits are placed on how the police obtain that consent? If consent must be voluntary, may the police use trickery or deception to obtain that consent?United States v. Harrison, 639 F.3d 1273 (10th Cir. 2011).

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Criminal Evidence Principles And Cases 9th Edition Thomas J Gardner, Terry M Anderson - Solutions

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