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Criminal Law And Procedure 5th Edition Daniel E. Hall - Solutions
While on patrol, Officer Norman heard a scream from the backyard of a house. The officer proceeded to the back of the house, where he observed two people—a badly beaten victim and a young man(Tom) standing over her. Shocked by the sight of the victim, the officer exclaimed, “What happened
Assume that a prosecutor wants a defendant to submit to genetic testing to compare the defendant’s DNA with that of hair found on a victim. Does the defendant have a Fourth Amendment challenge? A Fifth?
What is chain of custody?
Why must law enforcement officers obtain a court order to intercept a telephone conversation using traditional line phones and not a conversation using a cordless phone?
Does a defendant have a right to counsel at a photograph identification session? If so, what is the source of that right?
Does a defendant have a right to counsel at a lineup?If so, what is the source of that right?
Is it a violation of the Federal Wiretap Law (Title III of the Omnibus Crime Control and Safe Streets Act)for Gary to allow law enforcement officers to listen to a telephone conversation between himself and Terry without Terry’s knowledge? If so, what happens if Terry makes incriminating
What happens if an officer fails to read a defendant his or her rights before obtaining a confession?
List the rights included in the Miranda warnings.When must they be read to a defendant?
What is a protective sweep?
Same facts as in question 7, except the victim points to a fleeing suspect. The officer chases the suspect to a house, where the officer sees the suspect enter with the use of a key. Must the officer end the chase and obtain a warrant?
A police officer is approached by a man on the street who tells the officer that he was just robbed. Although he did not see where the robber fled, he knew the assailant’s name and address, as the two men “grew up together.” The officer and the victim went to the police station and completed
A police officer is approached by a man on the street who tells the officer that he was just robbed. The man points out the robber, who is standing in a park just across the street. Must the officer obtain a warrant to make the arrest?
Distinguish a stop from an arrest; a frisk from a search.
What is curtilage? Open fields? Why are the concepts important in criminal law?
What is the plain view doctrine?
Stacey is a suspect in an embezzlement investigation.The police believe that she has hidden evidence in her neighbor’s house, without the neighbor’s consent. The neighbor will not consent to a search. Can the police obtain a search warrant for the non-suspect’s home?
What are the basic requirements for obtaining a search warrant?
In what way did Katz v. United States change Fourth Amendment law?
England does not employ the exclusionary rule. Rather, police officers are subject to civil liability for illegal searches. Is this a satisfactory remedy that should be employed in the United States? Can you think of alternative remedies?
Do you believe that evidence that has been obtained by law enforcement in an unconstitutional manner should be inadmissible at trial? Explain your position.
The Constitution of the United States significantly affects all criminal law. Why is that so when more than 95 percent of all prosecutions occur in state courts?
What is the “New Federalism” in the context of constitutional law?
Name three exceptions to the fruit of the poisonous tree doctrine.
Give an example of when evidence would be fruit of the poisonous tree.
What is the exclusionary rule?
Name three rights that have been incorporated and one that has not.
What is selective incorporation? Total incorporation?Which reflects current law?
In some nations, individual victims are permitted to file a criminal charge against the person(s) who committed the alleged act(s). In these nations, the victim may prosecute the case or a public prosecutor may prosecute on the victim’s behalf. Should such a method be employed in the United
In some nations, prosecutors are required to file a criminal charge if sufficient evidence exists. What are the advantages of such a system? What are the disadvantages of such a system? Should this form of compulsory prosecution replace the United States model of prosecutorial discretion? Explain
Do you believe that police officers should arrest every violator they encounter, discover, or are made aware of?Support your answer. What factors should an officer consider when deciding whether to arrest or otherwise pursue a prosecution?
Do you believe that a defense attorney should be required to zealously represent a client who has admitted guilt to the lawyer? What if the result is the release of a violent criminal (i.e., acquittal or dismissal of charges)? Can you suggest an alternative method?
Create a set of facts under which co-defendants could not be represented by the same attorney. Explain why separate counsel is necessary under your scenario.
What do “U.S.C.” and “Fed. R. Crim. P.” represent?
According to the Police Code of Conduct promulgated by the International Association of Chiefs of Police, when may force be used?
What are victims’ bills of rights? Name three rights typically included in such a law.
Are legal assistants who are employed in law offices obligated to maintain client confidences?
Legal assistants and other nonlawyers are prohibited from practicing law. What acts constitute the practice of law?
What is the attorney-client privilege?
What is the policy behind requiring defense attorneys to zealously represent guilty persons?
What is the constitutional mission of a prosecutor?
Which of the following is protected by the First Amendment’s Free Speech Clause?a. A public flag burning in protest of a recently enacted law.b. An advertisement for potato chips found on a billboard.c. The placing of a hand over one’s heart while the national anthem is played.
May religious beliefs be regulated by the state? May religious practices be regulated by the state?
Through what amendment are rights incorporated and applied against the states?
Is a right to privacy specifically expressed in the United States Constitution?
May racially derogatory statements be made criminal?May racial motives be used to enhance the punishment for crimes such as assault and battery?
Differentiate a bill of attainder from an ex post facto law.
Differentiate overbreadth from vagueness. Give an example of each.
Distinguish legal from factual impossibility, and state whether a person is criminally culpable in both circumstances.
May an insane defendant be tried? If not, what standard is used to determine whether the defendant is insane?
What is entrapment? What are the two tests used to determine if a defendant was entrapped?
When may a law enforcement officer use deadly force to stop a fleeing suspect?
What is imperfect self-defense? When is it applicable?
What is the retreat doctrine?
What must be proven to support a claim of self-defense?
What are the elements of the M’Naghten test for insanity? Irresistible impulse? Model Penal Code?
What are affirmative defenses? How do affirmative defenses differ from other defenses?
What is the difference between solicitation and attempt?
What is meant by the phrase “inchoate crimes”?
What is hearsay? What is the co-conspirator hearsay rule?
What are the elements of conspiracy?
Has Jan committed attempted murder if she decides to kill her sister and mentally works out the details of when, how, and where?
A person who helps principals prepare to commit a crime, but is not present during the commission, is called what?
Distinguish a principal in the first degree from a principal in the second degree. Which is punished more severely?
Identify two ways that the Patriot Act of 2001 expanded the authority of federal officials to address terrorism.
What are the elements of treason?
What are the elements of indecent exposure?
Is this statement true? “Perjury is a law that applies only to judicial proceedings.” Explain your answer.
Distinguish criminal contempt from civil contempt. Do the same for direct contempt and indirect contempt.
What are the basic elements of bribery? The Model Penal Code recognizes two types of bribery. Name the two.
What are the elements of Continuing Criminal Enterprise, and who is the statute aimed at?
Is proof that a driver’s blood-alcohol level exceeded the statutory maximum the only way to prove that a driver was under the influence? Is it a valid defense for a driver-defendant to claim that he or she could drive safely, even though his or her blood-alcohol level exceeded the amount allowed
What are fighting words? Are they protected by the First Amendment?
When may a state regulate material that is thought to be sexually repulsive? What constitutional provision hinders governments from regulating such expression?
Is there a constitutional right to engage in homosexual conduct between mature, consenting adults?
Andy approaches Roberta, who is standing on a street corner, and offers her $50 for sex. Roberta, an undercover vice officer, arrests Andy. What crime should he be charged with?
Brogan runs by a woman on the street and grabs her purse as he passes her. The woman catches the strap and fights to keep the purse; however, the strap breaks, and Brogan is successful. He keeps the contents of the purse. What crime has been committed?
Brogan runs by a woman on the street and grabs her purse as he passes her. The purse is easily pulled from her arm, and Brogan’s intent is to keep the contents.What crime has been committed?
How is destruction of a building by explosion treated by the Model Penal Code? At common law?
What are “fences”? At common law, what crime do fences commit?
What does the acronym RICO represent? What are the basic elements of RICO?
Embezzlement is often punished more severely than simple larceny. Why?
What is criminal mischief?
Define larceny.
What is “constructive breaking,” when referring to the crime of burglary?
What was the common-law definition of murder?
Give an example of a nonforcible rape.
Under the common law, if a person cut another’s limb off, what crime was committed?
What is the primary distinction between false imprisonment and kidnapping?
What is meant by the phrase “imperfect self-defense”?
John caught his wife having sex with another man. In a fit of rage, he killed his wife. What crime has been committed?
What is the marital rape exception?
What is the difference between an assault and a battery?
What is felony-murder?
What is the primary distinction between first-and seconddegree murder?
Using the two fact scenarios you created in problem 13, change the facts so that the general-intent crime becomes a specific-intent crime and the specific-intent crime becomes a general-intent crime.
Develop your own fact scenarios, one demonstrating specific intent and another demonstrating general intent. Explain why each is an example of specific or general intent.
In some nations, vicarious criminal liability is much broader than in the United States. For example, parents may be vicariously liable for the criminal acts of their children until the children reach adulthood.Should such laws be adopted in the United States?Explain your answer.
Ashley, Amy, and Karen are roommates in college. They occupy a four-bedroom apartment, and all share in the bills and household duties. One weekend a friend of Karen’s, Janice, came to visit. Janice arrived on Thursday and was scheduled to stay until Monday. She stayed in the extra bedroom. On
The following statute was enacted by State Legislature:It shall be unlawful for any person to be a pedophile.Pedophilia is defined as a condition where a person over the age of 17 years possesses a sexual desire for a person under the age of 8 years.While attending a group therapy session, Jane
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