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Criminal Law And Procedure 6th Edition Daniel E. Hall - Solutions
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?
When the occupants know the purpose of the officers.
When the announcement will allow those inside to destroy evidence or escape.
When the safety of the police or others will be endangered by the announcement.
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?
Do you believe that the federal Constitution implicitly protects privacy? Support your conclusion.If so, name one right not mentioned in this text that you believe is protected.
Do you believe that a person should be subjected to two prosecutions, by different sovereigns, for the same offense? Consider specifically the prosecution of the Los Angeles police officers who arrested and beat Rodney King. They were acquitted of assault and battery in state court. Federal civil
State law requires that all children between the ages of 5 years and 16 years attend an approved school.Defendants have been charged with violating the statute, as they do not permit their children to attend school. The defendants are Mennonites and claim that it would violate their First Amendment
Senator Bob Kerry of Nebraska was initially outraged by the Texas v. Johnson flag-burning decision. However, he later stated, “I was surprised to discover. . . [that the decision was] reasonable, understandable and consistent with those values which I believe have made America wonderful.” Do
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.
Gary and Gene were both drinking at a bar. Gary became angered after Gene asked Gary’s wife to dance. Gary walked up to Gene and struck him in the face. Gene fell to the floor, and as he was returning to his feet Gary hit him again. In response, Gene took a knife out of his pocket and attacked
Jane was attacked by an unknown man. She was able to free herself and ran to a nearby house, with the man chasing close behind. She screamed and knocked at the door of the house. The occupants of the house opened the door, and she requested refuge. The occupant refused, but Jane forced her way into
Ira stabbed his good friend, inflicting a fatal wound. At trial, a psychiatrist testified that Ira could not control his behavior, as he has a brain tumor that causes him to act violently.The doctor also testified that the condition did not impair Ira’s ability to know what he was doing or that
Should law enforcement be permitted to encourage children to engage in criminal activity with the purpose of arresting and prosecuting the child?Should law enforcement be permitted to use family and friend relationships to induce another to engage in criminal activity with the purpose of arresting
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 selfdefense?
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?
John and Tyrone have a fight in a bar. Tyrone returns home, climbs into bed, and suffers a fatal heart attack. John, still angry from the earlier fight, climbs through a window into Tyrone’s room and shoots Tyrone twice in the head. Has John committed a murder? Attempted murder? Explain your
What crimes has Nitro committed?
What crimes has Baker committed?
What crimes has Abel committed?
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?
soliciting someone to commit a crime.
possession, collection, or fabrication of materials to be used in the crime, near the scene of the crime, when the materials serve no lawful purpose.
possession of materials necessary to complete the crime, provided that the tools are specially designed for the commission of the crime.
unlawfully entering a structure where the crime is to be committed.
investigating the location where the crime is to be committed.
enticing or seeking to entice the intended victim to go to the place where the crime will be committed.
lying in wait or searching for the intended victim.
Do you believe terrorists should be considered criminals (and handled by the criminal justice system) or combatants (and handled by the military)?Does it matter if the accused is a U.S. citizen?
Consider and discuss this statement:Possession and use of drugs or alcohol should not be a crime. The only dangers presented from these substances arise when a person works, drives, or conducts some activity that requires the full use of the senses, while under their influence. Criminal statutes
Jon received a court order to tear down a fence he had constructed. The order was served by a sheriff.Immediately after the sheriff handed the order to him, Jon screamed, “Forget that idiot judge, I’m not tearing down the fence!” Jon never removed the fence, and the judge had him arrested and
During a union dispute, a judge ordered striking employees back to work. They refused to comply with the order and the judge ordered that each employee pay $50 per day until he or she returned to work.
During a personal injury trial, Noah told the judge to “kiss my ass” and then threw an apple, striking the judge in the head.
How has bribery been changed since it has become a statutory crime?5–7. Classify each of the following as direct or indirect contempt and civil or criminal contempt.
Do you believe that acts that harm no one, but that most members of society find immoral, should be criminalized? Explain your position.
State law prohibits “hardcore pornography.”Among the many prohibitions of the law is a provision making it a felony to possess or sell materials that are known to depict bestiality (sex between a human and an animal). Sam, a local adult bookstore owner, sold to Herb a magazine entitled Wild on
Are the following statutes constitutional? Explain, if not.Statute One: Loitering Any person who loiters in a place in an unusual manner for longer than 15 minutes and reasonably causes a person to be concerned for their safety must identify himself to police when requested.Any person who refuses
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?
Discuss what crimes you think should be included in consolidated theft statutes and why. Explain why particular crimes should be left out of such a statute.
Penni is working the night shift at a local convenience store when Craig and Guido come in.Craig states to Penni, “Give us all the money in the register and we will not hurt you. Give us any trouble and we will knock the #?!@ out of you!” Penni complies. What crime has been committed? What if
Brogan has an affair with Janice, who is married.After Janice ends the affair, Brogan threatens to tell Janice’s husband about their sexual involvement unless Janice pays Brogan $5,000. Janice complies.What crime has been committed?
Kevin was walking down the sidewalk that passed in front of Sean’s home. As he passed Sean’s house, he looked in a front window and noticed a carton of soft drinks sitting in the kitchen. As he was thirsty, Kevin broke the front window and crawled into Sean’s house. Once inside, he poured
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