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Criminal Procedure 3rd Edition Matthew R Lippman - Solutions
Would you sentence Miller and Jackson to life imprisonment?
Summarize the main points in Justice Roberts’ dissentingopinion.
Is the decision in Miller consistent with the Court decisions in Roper and in Graham?
What is the holding in Miller?
Why does Justice Kagan distinguish between the legal responsibility of juvenile offenders and the legal responsibility of adult offenders?
What are the two “legal strands of precedent” relied on by Justice Kagan?
What is the legal test relied on by Justice Kagan in interpreting the Eighth Amendment?
Discuss the facts in Miller and the backgrounds of the offenders.
What are the policy arguments for and against plea bargaining and the disposing of a defendant’s criminal charges through a guilty plea? What constitutional issues are presented by the plea-bargaining process? Describe the conditions that must be satisfied before a trial court judge may accept a
Discuss whether jury unanimity is required. When may a jury engage in jury nullification?
What information is included in a judge’s instructions to the jury? What are the limitations on the closing arguments at trial?
What is the significance of the burden of proof? Why is the prosecution required to prove guilt beyond a reasonable doubt? In your own words, describe the beyond-a-reasonable-doubt standard.
Discuss the Confrontation Clause and discuss cross-examination. When may hearsay evidence be relied on at trial? What is required under the Sixth Amendment Compulsory Process Clause?
What is the purpose of the opening statement?
Why does the Sixth Amendment guarantee public trials? When may a defendant be excluded from his or her trial? Discuss the tension between a free press and a free trial.
What is voir dire? Discuss challenges for cause and death-qualified juries. Describe the Batson requirement and peremptory challenges.
What are the limitations on the selection of jurors imposed by the Equal Protection Clause and the Sixth Amendment crosssection-of-the-community requirement?
Discuss the constitutional requirements regarding the size of the jury.
When is a defendant entitled to a jury trial?
Outline the purpose of the pretrial motions raising issues of double jeopardy, speedy trial, change of venue, discovery, and the suppression of evidence.
Describe the function of an arraignment.
Discuss the role of the grand jury. Why is the grand jury such a powerful institution?
What is the purpose of a preliminary hearing?
Would the criminal justice system have been better served by bringing Alford to trial rather than by accepting a guilty plea?
Was Alford’s guilty plea coerced? Should a defendant be permitted to assert his or her innocence and plead guilty?
Did the Supreme Court find it significant that there was a factual basis for Alford’s plea?
What is the holding of the Supreme Court in Alford?
Why does Alford argue that the trial court judge should have refused to accept his guilty plea?
Summarize the views of the dissenting judges. Do you agree with the dissent or with the majority?
How did the majority of the Supreme Court respond to McCree’s argument that the jury was not impartial?
Why did the Supreme Court reject McCree’s argument that the jury did not represent a fair cross section of the community?
What did McCree hope to establish by introducing social science studies of jury decision making?
Explain the reason that McCree appealed his conviction for capital felony murder. What was the holding of the U.S.Supreme Court in McCree?
The Supreme Court judgment in Ballew relies heavily on social science studies. How does this differ from the type of evidence that the Court relies on in other cases that you have read? Should the Court employ this type of data to reach a decision? Why did the Court decide not to base its decision
Why did the U.S. Supreme Court approve of a six-person jury in Williams and disapprove of a five-person jury in Ballew?
What criminal charge was brought against Ballew? Why did Ballew object to a five-person jury? Summarize the holding of the U.S. Supreme Court in Ballew.
What are the limitations on the right of self-representation?
Outline the legal test for effective representation of counsel.
Does an individual have an absolute right to a lawyer of his or her choice?
What factors are considered in determining indigency?
Discuss the legal test for determining a significant stage of prosecution.
An individual has the right to legal representation in all criminal prosecutions. What is the dividing line between the cases in which an indigent has the right to the appointment of a lawyer and the cases in which an indigent does not have the right to the appointment of a lawyer? How does this
Outline the Supreme Court’s decisions leading to the judgment in Gideon v. Wainwright. What is the holding in Gideon?
Discuss the law and purpose of bail. When is the preventive detention of a defendant legally justified?
Outline the purpose of the first appearance.
What is the significance of Gerstein v. Pugh and of County of Riverside v. McLaughlin?
Discuss the presumption of regularity regarding a prosecutor’s filing of criminal charges. Why is the exercise of prosecutorial discretion in bringing criminal charges considered to be ill suited for judicial review? What is the legal test for selective prosecutions and vindictive prosecutions?
Do you believe that Hinton was prejudiced by his lawyer’s deficient performance and is entitled to a new trial? Is your response influenced by the fact that Hinton was sentenced to death?
Can you explain why the Supreme Court found that Hinton’s lawyer provided inadequate assistance?
Why did Alabama courts conclude that Hinton was not prejudiced by Payne’s testimony at trial?
Why was it important for the prosecution and for the defense to present the testimony of expert witnesses at trial?
What was the evidence that led the jury to convict Hinton of murder and to impose the death penalty?
Do you believe that the Supreme Court considered the economic costs of providing an appointed attorney for indigents in all criminal trials?
What is Justice Blackmun’s view?
Summarize Justice Brennan’s criticisms of the actual imprisonment standard.
Why did the Court hold that an appointed attorney was constitutionally required in Argersinger and not in Scott? Do you agree that the two situations are significantly different?
What is the holding of the Supreme Court in Scott v. Illinois?
Should judges defer to the judgment of correctional officials?
Compare and contrast the conclusions of the majority and dissent in regard to the correctional policies discussed in Bell v. Wolfish.
Why is the dissent critical of the reliance on the intent of correctional officials to determine whether a policy constitutes punishment?
Why do the dissenting judges emphasize that some of the detainees in the MCC have not been convicted of a crime?
Discuss the court’s holdings in regard to the receipt of books and packages, the searches of cells and body cavities, and double-bunking.
How does the Supreme Court define punishment? Note the importance of intent and effective correctional management in evaluating whether a policy constitutes punishment. Distinguish punishment from detention.
What is the purpose of confining pretrial detainees?
Outline the argument in Justice Scalia’s dissent. As a Supreme Court justice, would you support the majority or dissenting opinion?
How should Riverside County modify its procedures to meet the constitutional standard established in McLaughlin?
Summarize the Court’s discussion regarding “unreasonable delay.”
Discuss the interests that the Supreme Court balances in reaching its decision.
Explain the holding in McLaughlin. How does this modify the rule established in Gerstein?
Summarize the various remedies discussed in this chapter.
Outline the role of the internal affairs divisions and civilian review boards in monitoring, investigating, and disciplining the police.
Distinguish between state tort and criminal remedies. What is the role of the U.S. Department of Justice in criminal prosecutions?
Explain the purpose and requirements of a Bivens action. Is the federal government subject to a civil suit?
What is the purpose of an injunction? When will the U.S. Department of Justice bring a “pattern-or-practice” action against a law enforcement agency?
Under what circumstances may a local town, city, or county be held liable under § 1983?
Explain absolute immunity and qualified immunity. How does qualified immunity balance the interests of a defendant who is a police officer and the interests of the plaintiff bringing the case?
Discuss the “color of state law” requirement for a § 1983 action.
How do the remedies discussed in this chapter differ from the exclusionary rule?
Would you hold Sheriff Russell liable on a state-created-danger theory? What of the argument that Sheriff Russell had a “special relationship” and duty of care to citizens who lived nearby the jail?
Are the precedents cited in the court’s opinion similar to or different from Russell?
Explain why the Fourth Circuit decided not to hold Sheriff Russell liable under § 1983.
What is the significance of the fact that the plaintiff was unable to point to any case decided between 1999 and 2004 that “could be said to have clearly established the unconstitutionality of using lethal force to end a high speed car chase”?
Why is Brosseau v. Haugen significant in determining whether Plumhoff was entitled to qualified immunity?
State the legal test for determining whether Officer Plumhoff was entitled to qualified immunity.
What are the facts in Plumhof v. Rickard? Why does the Supreme Court conclude that Rickard’s Fourth Amendment rights were not violated?
Should there be an entrapment defense?
Outline the arguments for and against the entrapment defense.
Describe the objective, subjective, and due process tests for entrapment.
Define entrapment. What is the purpose of the entrapment defense?
Does the interest in judicial integrity justify the application of the exclusionary rule?
What do the empirical data indicate in regard to whether the exclusionary rule deters the police from engaging in unreasonable searches and seizures? What about the data concerning the costs of the exclusionary rule?
Why did the judiciary develop a good faith exception to the exclusionary rule?
List and discuss the exceptions to the exclusionary rule.
Who has standing to file a motion to suppress?
Outline the steps involved in filing a motion to suppress evidence.
Outline the arguments for and against the exclusionary rule. What alternative procedural mechanisms to the exclusionary rule have been proposed? Will these procedures deter police violations of the Fourth Amendment?
Trace the development of the exclusionary rule from Weeks to Mapp and Calandra.
This was a 5–4 decision. Do you believe that the Supreme Court’s judgment in Jacobson interferes with law enforcement’s ability to investigate crimes?
Do you believe that the government should have devoted time and resources to pursuing and prosecuting Jacobson?
Summarize the majority and dissenting decisions. Which opinion do you find more persuasive?
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