Criminal Law And Procedure 5th Edition Daniel E. Hall - Solutions

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What role did the introduction of crack cocaine play in the dramatic increase in the nation’s crime rate during the late 1980s and early 1990s?
Why did a number of respected criminologists predict that crime rates would increase in the 1990s? Were their predictions correct?
Why might self-reported surveys be the best method of learning the dark figure of crime?
Although Part II offenses constitute the bulk of crimes, Part I offenses get the most publicity. Is this necessarily irrational? Why or why not?
What is the distinction between the crime rate and crime in America?
Two fathers, John and Phil, get in a heated argument following a dispute between their sons in a Little League baseball game. They come to blows, and John strikes Phil in the temple, killing him. Will John be charged with voluntary manslaughter or involuntary manslaughter? What other details might
What is the difference between a felony and a misdemeanor?
Give an example of how one person could be involved in a civil lawsuit and a criminal lawsuit for the same action.
Why do sellers of legal and illegal drugs rely heavily on drug abusers as customers?
What are the three factors in the “learning process” of first-time drug users, according to sociologist Howard Becker? Which of these three do you think is the most important, and why?
Why do some criminologists believe the connection between alcohol consumption and victimization is causal?
How can law enforcement agencies employ the premise of the repeat victimization theory to devise crime prevention strategies?
How does the routine activities theory explain high burglary rates in neighborhoods where most residents commute long distances to work?
Why is it important for criminologists to study the behavior of preadolescents?
Why have social conflict theories had a limited impact on public policy in the United States?
If you believe that criminals learn how to be criminals, to what theory are you subscribing?
If you believe that fear of punishment can have a deterrent effect on criminal activity, to what view of human behavior are you subscribing?
Research shows that ice cream sales and crime rates both rise in the summer. Explain the correlation between these two sets of statistics. Why is it important to understand that ice cream sales do not cause a boost in crime rates?
In general, DNA profiling has been a boon for law enforcement. How has the practice also highlighted flaws in police performance and behavior?
Using the broadest definition, what is a “drug”? More specifically, what are people usually referring to when they use the word drug in the criminal justice context?
What is the name of the federal legislation passed in 2001 to aid the federal government’s efforts to combat terrorism? What are some of the “tools” this law gives to law enforcement officers to aid their anti-terrorism efforts?
Assume that all of the officials involved in the criminal justice process were deprived of most of the discretion they now have. What might some of the results be?
At what political level is most law enforcement carried out? Relate your answer to the concept of federalism.
Why are public order crimes sometimes referred to as victimless crimes?
Why are criminals prosecuted by the state, through its public officials, rather than by the victims themselves?
How is it possible to have a consensus about what should or should not be illegal in a country with several hundred million adults from all races, religions, and walks of life?
Kevin appealed the trial court’s decision denying his motion to suppress the document. The appellate court affirmed the trial court, and Kevin filed a habeas corpus petition in federal court claiming that his federal constitutional rights were violated by admission of the evidence. What should be
Believing that Kevin cannot have a fair trial without the depositions, his attorney filed an interlocutory appeal seeking an order from the appellate court requiring the trial judge to provide for the depositions. What should be the outcome?
Kevin disagrees with the trial court finding of competency. What is his remedy?
The prosecution strongly believes that the documents that were suppressed are admissible. The prosecutor objects on the record to the judge’s order and then appeals the issue after Kevin is acquitted. What should be the outcome on appeal?
Differentiate a suspended imposition of sentence from a sentence suspended to probation.
Which of the following punishments has the Supreme Court held to be inherently cruel and unusual?a. Death by hangingb. Death by starvationc. Floggingd. Solitary confinemente. Imprisonment without lighting or a bed
May victim impact evidence be considered by sentencing courts?
Distinguish harmless from prejudicial error.
What is habeas corpus?
Does a defendant have a right to appointed counsel on appeal?
What is the final judgment rule?
What are aggravating and mitigating circumstances in sentencing?
What is a presentence investigation? Who conducts the investigation, and what is its purpose?
Norm, an officer in the military, has been charged with raping a female officer. Rape is punished with 10 years to life imprisonment in the military.
Nick is 16 years old. He is charged with murder in state trial court. Murder in his state is punished with life imprisonment or death.
Jane is charged with simple assault. In her state that crime is punishable by a maximum fine of$2,500 and 12 months imprisonment. However, the judge assigned to her case has never sentenced a person to more than four months and customarily suspends that sentence to probation.
A juvenile delinquency proceeding has been initiated against John because of his involvement with drugs. For more than a year he has been dealing drugs, a crime punishable by as much as five years in prison in his state.
What must a defendant show on appeal to be successful with a claim of ineffective assistance of counsel at trial?
Does a defendant have a right to selfrepresentation?
Distinguish challenging a prospective juror for cause from using a peremptory challenge.
What is jury nullification? May a prosecutor ask a jury to nullify? May defense counsel?
How soon after arrest must a defendant be tried to comply with the Sixth Amendment’s speedy trial clause?
What is the standard of proof in criminal cases?Define that standard.
What rights are encompassed by the Confrontation Clause?
Do you believe that indictment by grand jury should be incorporated? Explain your position.
Discovery in civil cases is very broad. Fed. R. Civ.P. 26 permits discovery of anything “reasonably calculated to lead to the discovery of admissible evidence.” Should discovery in criminal cases be broader? Explain your position.
What is the historical purpose of the grand jury?Many feel that grand juries should be abolished.Why?
What is extradition?
When is removal from state to federal court allowed?
What is the Brady doctrine?
Place the following in the proper order of occurrence: preliminary hearing; formal charge; initial appearance; arraignment; trial; and complaint.
Kevin has been charged with murder. He believes a weapon that the prosecutor plans on using at trial was unconstitutionally seized from his home. How can he raise this issue prior to trial?
What advantage does a plea of nolo contendere have over a guilty plea?
If a defendant needs more information than appears in the indictment to prepare a defense, what should be done?
What are the purposes of indictments and informations?
What is the difference between an indictment and an information?
For what two reasons may a defendant be detained prior to trial?
Differentiate a suspended imposition of sentence from a sentence suspended to probation.
Which of the following punishments has the Supreme Court held to be inherently cruel and unusual?a. Death by hangingb. Death by starvationc. Floggingd. Solitary confinemente. Imprisonment without lighting or a bed
May victim impact evidence be considered by sentencing courts?
Distinguish harmless from prejudicial error.
What is habeas corpus?
Does a defendant have a right to appointed counsel on appeal?
What is the final judgment rule?
What are aggravating and mitigating circumstances in sentencing?
What is a presentence investigation? Who conducts the investigation, and what is its purpose?
Norm, an officer in the military, has been charged with raping a female officer. Rape is punished with 10 years to life imprisonment in the military.
Nick is 16 years old. He is charged with murder in state trial court. Murder in his state is punished with life imprisonment or death.
Jane is charged with simple assault. In her state that crime is punishable by a maximum fine of $2,500 and 12 months imprisonment. However, the judge assigned to her case has never sentenced a person to more than four months and customarily suspends that sentence to probation.
A juvenile delinquency proceeding has been initiated against John because of his involvement with drugs. For more than a year he has been dealing drugs, a crime punishable by as much as five years in prison in his state.
What must a defendant show on appeal to be successful with a claim of ineffective assistance of counsel at trial?
Does a defendant have a right to self-representation?
Distinguish challenging a prospective juror for cause from using a peremptory challenge.
What is jury nullification? May a prosecutor ask a jury to nullify? May defense counsel?
How soon after arrest must a defendant be tried to comply with the Sixth Amendment’s speedy trial clause?
What is the standard of proof in criminal cases? Define that standard.
What rights are encompassed by the Confrontation Clause?
Do you believe that indictment by grand jury should be incorporated? Explain your position.
Discovery in civil cases is very broad. Fed. R. Civ. P. 26 permits discovery of anything “reasonably calculated to lead to the discovery of admissible evidence.” Should discovery in criminal cases be broader? Explain your position.
What is the historical purpose of the grand jury? Many feel that grand juries should be abolished. Why?
What is extradition?
When is removal from state to federal court allowed?
What is the Brady doctrine?
Place the following in the proper order of occurrence:preliminary hearing; formal charge; initial appearance;arraignment; trial; and complaint.
Kevin has been charged with murder. He believes a weapon that the prosecutor plans on using at trial was unconstitutionally seized from his home. How can he raise this issue prior to trial?
What advantage does a plea of nolo contendere have over a guilty plea?
If a defendant needs more information than appears in the indictment to prepare a defense, what should be done?
What are the purposes of indictments and informations?
What is the difference between an indictment and an information?
For what two reasons may a defendant be detained prior to trial?
Describe a pretrial identification which you believe is unduly suggestive. Explain why it is too suggestive of guilt.
Do you believe that it is self-incrimination to give blood, hair, and other such items that might prove one’s guilt?
Why are the rules concerning the admissibility of confessions more stringent than for other forms of evidence?
An officer has made application for a court order approving electronic surveillance of Defendant. The order is granted, stating: “From June 1 to June 7, Officer X, having established probable cause, is granted the authority to intercept the wire communications of Defendant.” The officer

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