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Criminal Procedure 3rd Edition Matthew R Lippman - Solutions
What is the issue in Jacobson? Why is this an important question for the Supreme Court to decide?
Problems in policing. Summarize the good faith exception to the exclusionary rule. A number of state courts have ruled that their constitutions require that searches be carried out only on probable cause and accordingly have rejected the good faith exception established in Leon. These include
Why does the dissent argue that the application of the exclusionary rule in Herring may serve a beneficial deterrent function? Is Justice Ginsburg right to be concerned about the consequences of a failure to apply the exclusionary rule for the civil liberties of Americans? Should the exclusionary
Can you explain why Justice Roberts writes that the error in recordkeeping was “nonrecurring” and “far removed” from the “core concerns” that led to the adoption of the exclusionary rule? Would the exclusionary rule apply to a situation in which Investigator Anderson had arrested
Are there some situations in which Justice Roberts would apply the exclusionary rule to an arrest and search and seizure based on what later proved to be an error in police recordkeeping? In your answer, pay attention the distinction between a subjective belief and an objectively reasonable belief
Chief Justice Roberts bases the decision on the deterrence function of the exclusionary rule. Explain why he argues that to trigger the exclusionary rule, the police conduct must be “sufficiently deliberate that exclusion can meaningfully deter it, and sufficiently culpable that such deterrence
Summarize the facts in Herring.
Problems in policing. As a police officer, you may find that you are uncertain about the lawfulness of a search. Would you be deterred from carrying out a search by the exclusionary rule? Which threat is the greatest deterrent—being sued for damages, being criminally prosecuted, or being
Summarize Justice Harlan’s dissent. Do you agree with Justice Harlan?
Is the exclusionary rule more effective than other remedies in protecting Fourth Amendment rights?
What reasons did the Supreme Court offer for extending the exclusionary rule to the states in Mapp?
Trace the development of the exclusionary rule from Weeks to Wolf to Mapp.
How does the Supreme Court strike a balance between rights and liberties on one hand and the interest in criminal investigation and prosecution on the other in regard to eyewitness identification?
Why are polygraph examinations generally inadmissible at trial?
What is the difference between the Frye and Daubert tests? Discuss how DNA has impacted the criminal justice system.
Discuss the Fifth and Fourteenth Amendments standard established in Manson v. Brathwaite for determining whether a witness may testify concerning the results of a suggestive identification procedure.
What is the holding in United States v. Ash? Why did the Supreme Court not follow the Wade–Gilbert rule in Ash?
Why did the Supreme Court not follow the Wade–Gilbert rule in Kirby v. Illinois?
What is the role of defense counsel at lineups under the Wade–Gilbert rule?
Summarize the Sixth Amendment Wade–Gilbert rule.
Why are lineups and showups a critical stage of a criminal proceeding?
Why are lineups, showups, and photographic identifications not considered a violation of the Fifth Amendment right against selfincrimination?
Discuss the procedures that have been proposed to ensure more accurate identifications.
Why do perception, memory, and identification create a risk of misidentification?
Distinguish lineups, showups, and photographic identifications.
Problems in policing. In organizing a lineup, how would you avoid “suggestiveness”? Design a photo array that is not suggestive.
Do you agree with the majority’s conclusion that Glover’s identification of Brathwaite was reliable? Summarize the argument of the dissent. Do you find the majority or the dissent more persuasive?
What is the difference between the per se and the totality-of-the-circumstances approaches to the admissibility of identifications? Which approach do you favor?
Was the identification in Manson v. Brathwaite impermissibly suggestive, and did it create a substantial likelihood of misidentification? Why did the Supreme Court rule that the use of Glover’s photographic identification at trial did not violate due process?
Write a brief essay illustrating how the U.S. Supreme Court’s decisions on police interrogation have balanced the interests of the suspect and the interests of society.
Does Miranda handcuff the ability of the police to rely on confessions, or does it favor the police?
How does the Sixth Amendment right to counsel protect individuals from interrogation by the police?
Define interrogation as articulated by the U.S. Supreme Court. Distinguish between direct questioning and the functional equivalent of direct questioning. Why would it be helpful for the police to understand the concept of interrogation under Miranda?
What is the legal test for determining whether an individual has initiated contact with the police?
What is the legal test for determining whether the police can interrogate a suspect who has invoked his or her right to silence?What is the legal test for determining whether the police can interrogate a suspect who has invoked his or her right to a lawyer?
Why is it important whether an individual is considered to be subject to custodial interrogation? List the factors that a court evaluates in determining whether a suspect is subjected to custodial interrogation.
Distinguish between a voluntary and an involuntary waiver. What factors does a court consider in determining whether a waiver is knowing and intelligent? What is the difference between an express and an implied waiver?
Give an example of a statement that satisfies the legal test for invoking the right to a lawyer under Miranda. Provide an example of a statement that would not satisfy the standard for invoking the right to a lawyer under Miranda.
How should the Miranda rights be read to a suspect?
What is the test for custodial interrogation? Discuss the public safety exception.
What is the holding of the U.S. Supreme Court in Miranda v. Arizona? Explain how this decision is intended to counter the pressures inherent in incommunicado interrogation.
Why was the right against self-incrimination included in the U.S. Constitution? Distinguish between testimonial and nontestimonial evidence.
Summarize the holding in Escobedo v. Illinois. How did this set the stage for the Supreme Court’s decision in Miranda v. Arizona?
What is the significance of the McNabb–Mallory rule?
Write a one-page response to the following quote. Supreme Court Justice Felix Frankfurter famously remarked, in regard to the due process test, that it is “impossible...to...precisely...delimit the power of interrogation allowed to state law enforcement officers in obtaining confessions. No
Can you identify some of the reasons that suspects make false confessions?
What are some of the dangers of relying on confessions to obtain criminal convictions?
Why are confessions important tools in criminal investigation?
Problems in policing. Explain how the police can rely on the rule in Innis to elicit a confession from a suspect who has invoked his or her Miranda rights.
How would you rule in this case?
The definition of interrogation in Innis must be applied to the facts in each case. As a police officer, would you be clear after reading Innis about what you can and cannot say to a suspect?
Can you give an example of actions that are likely to lead a suspect to self-incriminate? What about showing a suspect photos of a bloody crime scene?
Was the shotgun important to the prosecution’s case against Innis? Would the police likely have been successful in obtaining a confession once Innis met with a lawyer?
Why did Innis confess? Out of guilt or self-interest? Should the police have been aware that the discussion concerning handicapped children might elicit an incriminating response?
Problems in policing. Write a policy guideline for the police discussing the reading of the Miranda warnings and detailing how the police should treat a lawyer who appears at a police station while a suspect is being subjected to custodial interrogation.
Do you believe that Burbine’s waiver was knowing, voluntary, and intelligent in light of the fact that he was not informed of the availability of a public defender?
What if Burbine signed a contract with a lawyer providing that “if I am ever arrested, you are obligated to advise me during any police interrogation”? Would the police be obligated under this contract to inform Burbine that his lawyer was at the police station and ready to assist him under
What is your reaction to the Court’s holding that the inadvertent or intentional misleading of a lawyer is not relevant in determining whether Burbine’s waiver was knowing, voluntary, and intelligent?
Why does the Supreme Court hold that the police are not required to inform Burbine of the availability of a lawyer?What problems would requiring this warning create in terms of judicial supervision of the Miranda rule?
Problems in policing. Write a brief set of guidelines instructing police officers how they can lawfully interrogate a suspect at the station house without being required to read the Miranda rights. For instance, in some jurisdictions, the police will inform suspects who voluntarily come to police
As a judge, how would you decide J.D.B.?
Why does the dissent argue that there is a benefit in employing an objective test in determining whether the Miranda warnings are to be given to a suspect? What are the dissent’s criticisms of the majority decision in J.D.B.? Do you agree that the certainty of the Miranda rule is being undermined
Why does Justice Sotomayor argue that a juvenile’s age should be considered in determining whether a suspect would feel free to terminate the interrogation and leave?
Explain in your own words how the holding of J.D.B. modifies the test for custodial interrogation.
Problems in policing. What is required of police officers under the Miranda rule?
Is it realistic to expect defendants to invoke their Miranda rights and for the police to fully follow the requirements of the Miranda ruling?
Are you persuaded by the arguments of the dissent? Is the majority distrustful of confessions as alleged by the defense?
Compare and contrast the requirements of the due process voluntariness test and the Miranda rule.
Do the Miranda warnings adequately counteract the pressure that the majority describes as inherent in custodial interrogation?
Why did the Supreme Court base Miranda on the Fifth rather than the Sixth Amendment?
Outline the Miranda rule. Explain the purpose of the required warnings.
Problems in policing. Explain why it is important to understand the difference between testimonial and nontestimonial evidence in regard to self-incrimination. Give some examples of nontestimonial evidence.
Does the extraction of DNA evidence from a suspect in a criminal case violate an individual’s right against selfincrimination?
How would you rule in this case?
Summarize the argument of the dissenting judges.
What is the holding of the Supreme Court in Schmerber? Is Justice Brennan’s decision consistent or inconsistent with the purposes of the privilege against self-incrimination?
Problems in policing. As a police officer, how should the due process test influence your tactics in the interrogation of suspects?
The decision in Connelly suggests that a judge may exercise his or her discretion and exclude a confession that is unreliable from evidence. As a trial court judge, would you prohibit the prosecution from introducing Connelly’s confession at trial?
As a defense lawyer, what argument would you make in your next “confession case” if the Supreme Court had ruled that Connelly’s confession was inadmissible on the grounds that God had directed him to confess?
Is there a difference between the cause of Connelly’s confession and the cause of a confession that results from a sense of guilt or shame?
In their dissenting opinions, Justices Brennan and Marshall argued that the use of a mentally challenged person’s involuntary confession is contrary to the notion of fundamental fairness embodied in the Due Process Clause. Do you agree with this argument? Is there a justified concern over the
Summarize the holding of the Supreme Court in Connelly.
Problems in policing. You are the local police chief. Design a drug-testing program that includes all students at the local high school that is consistent with the Supreme Court precedents in Vernonia and Pottawatomie.
Summarize the arguments of the majority and of the dissent. Do you agree with the Supreme Court majority that the Tecumseh plan is constitutional? Why does the dissent contend that the Tecumseh plan is unreasonable under the Fourth Amendment?
Compare and contrast the drug-testing policy adopted by the school districts in Vernonia and in Tecumseh in terms of the individuals who are tested, evidence of a drug problem, the handling of confidential information, and other factors.
Why does Justice Thomas conclude that the strip search was reasonable? How does Justice Thomas differ from the Court majority in his view of how judges should approach cases involving schoolchildren and adults?
Do you agree with the Court that a strip search is “excessively” intrusive and humiliating? What additional facts can you think of that would have justified Vice Principal Wilson in conducting a strip search of Savana?
Did the Court find that there was reasonable suspicion to search Savana’s backpack and outer clothing? Why did the majority rule that the strip search of Savana was unreasonable?
Summarize the facts in Redding.
Problems in policing. Design a constitutionally acceptable strategy for searching individuals boarding the public bus system in a major American city.
As a judge, would you approve of these subway searches being made a permanent feature of travel on the subway?
Can the police achieve the same results by relying on the less intrusive alternatives of police dogs, undercover officers, and chemical detection monitoring devices?
Discuss the “balancing factors” considered by the court. These balancing factors include the weight and immediacy of the government interest, “the nature of the privacy interest allegedly compromised” by the search, “the character of the intrusion imposed” by the search, and the
How do the subway searches “serve as [their] immediate purpose an objective distinct from the ordinary evidence gathering associated with crime investigation”?
Problems in policing. On what roads may the police establish checkpoints? Describe the types of signs that should be posted to alert the public to the checkpoint. Write a brief set of guidelines instructing the police on the proper procedures at a sobriety checkpoint.
Summarize the argument of the dissent. Do you agree with the dissent?
Under what circumstances would the Supreme Court approve checkpoints that are intended to further the “general interest in crime control”?
Is the interdiction of narcotics unrelated to automobile safety?
Why does the Supreme Court resist approving roadblocks intended to further the “general interest in crime control”?
Does the holding in Edmond logically follow from the precedents established in Martinez-Fuerte, Sitz, and Prouse?
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