Canadian Criminal Justice A Primer 6th Edition Curt T. Griffiths - Solutions

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As the text states, courts routinely hold that questions are not assertive statements. Thus, when police are searching a house believed to be used for drug transactions, an officer who answers a telephone at that house may testify at a subsequent prosecution of the house’s owner for sale of
So-called “double hearsay” involves situa¬tions like this: A testifies that B told her that C said the defendant stole her money.If that testimony is intended to prove the defendant stole C’s money, it is double hearsay: B’s statement to A is hearsay, and C’s statement to B is hearsay.
Police officers use information from confi¬dential informants (“Cl”) for many reasons.One common reason is to supply the officer with a basis for stopping or arresting a person believed to be committing a crime.For example, assume a Cl tells a detective that “John Smith is selling heroin.”
In many cases, affidavits given by the police to show probable cause for the issuance of a search warrant contain information about confidential informants, including the infor¬mant’s identity. It is therefore common to seal the parts of the affidavit that contain such information. In Franks v.
Can a judge take judicial notice of a letter sent to the judge by the defendant, stating facts that were different from those given in the defendant’s subsequent testimony?For what purpose might a judge take such judicial notice? (See Sanders v. State [782 N.E.2d 1036 (Ind. App. 2003)].)
How broad is the crime-fraud exception to the attorney-client privilege? If a client asks his lawyer for advice on how to best per¬suade the client’s girlfriend to convince a grand jury that she, not the defendant, a convicted felon, owned a firearm, may the attorney be compelled to testify
The husband-wife privilege does not apply to situations in which both spouses are charged with a crime. In such cases, one spouse is permitted to testify against the other spouse over that spouse’s invoking of the privilege.The same is often true where one spouse commits a crime against the other
Police investigations often rely on informa¬tion supplied by confidential informants (Cl).The privilege given to the police to refuse to divulge the identity of a Cl is limited, usually based on whether the Cl was involved in the crime or a witness to the crime. Courts often say the identity of a
A defendant charged with murder is held in a jail pending trial. Also in that jail, on unrelated charges, is a prosecution witness in the murder trial. The defendant (client) is represented by a public defender attorney, who learns the client has intimidated the witness into signing a written
The defendant, charged with murder, asks his wife to tell police he arrived home on the night of the murder at 7:30 p.m., about an hour before the victim was killed. Initially the wife did as requested. However, she subsequently changed her mind, and told police her husband came home at 9:05. At
What factors should courts look for when a child’s testimony is alleged to be a “false memory”? (See Com. v. Davis [939 A.2d 905 (Pa. Super. 2007)].)
In Wright v. State [178 S.W.2d 905 (Tex.App. 2005)], a detective gave testimony in a defendant’s murder trial in which the detective stated his theory on how the defendant killed her husband. The defendant objected to the testimony on the grounds that the detective was not testifying based on
If a police officer’s opinion based on years of experience and training is classified as expert testimony, how does the prosecution satisfy the burden imposed by Rule 702 that the officer is “qualified” as an expert?Why was it important to the prosecution in People v. Clifton [750 N.E.2d 686
Rule 701 of the Federal Rules of Evidence governs the admissibility of lay opinion tes¬timony. Rule 702 governs the admissibility of expert opinion testimony. Most states have adopted rules similar to the federal rules. How do Rules 701 and 702 differ?What must be shown to permit the admis¬sion
A husband and wife are charged with sex¬ual assault against a child. The husband pleads guilty, and agrees to testify against the wife. The prosecution wishes to intro¬duce two photographs allegedly taken by the husband during or just before the sex¬ual assault. One photograph shows the palm of
As we saw in Chapter 2, evidence of past crimes is generally inadmissible, unless offered to prove some other material fact. Assume you are the prosecutor in a robbery/first-degree murder trial of a defen¬dant charged with robbing and murdering a known drug dealer. You have reliable witnesses (FBI
Dunn is charged with battery after striking the victim outside a bar. Dunn admits striking the victim, but alleges he acted in self-defense. The prosecution seeks to intro¬duce a voice mail left on the victim’s cell phone message system by Dunn’s girlfriend.The substance of the voice message
In many criminal prosecutions, convicting a defendant of the crime charged also entitles the prosecution to seize money used in or derived from the crime. The prosecution must first find the money and then prove, usually by circumstantial evidence, the connection of the money to the crime.The case
In State v. Surratt [932 So.2d 736 (La. App.2006, cert, denied, 957 So.2d 165 (La.2007)], the prosecution used fingerprints to prove that the defendants committed two murders. How were the fingerprints tied to the crimes? What problems did the prosecu¬tion confront in making that connection?
In State v. Kelbel [648 N.W.2d 690 (2002)], the Minnesota Supreme Court upheld the conviction of a defendant charged with child abuse. What role did circumstantial evidence play in that conviction, and why did the prosecution need that evidence?
Proving sexual abuse of children frequently involves only circumstantial evidence because the child is often unable to give direct testimony about the abuse. In State v.Schoom-maker [105 P.3d 302 (2005)], the New Mexico court affirmed a conviction of a defendant for negligent child abuse. What
Ayoung woman wakes up in a bed in a hotel.Her state of dress appears to have been altered from that of the previous evening. The man who took her to the hotel had a bottle of Rohypnol, the “date rape” drug, in his pos¬session. Experts testified that the woman had been drugged with Rohypnol.
An experienced law enforcement officer used the following incident as an example for clas¬ses. The officer’s wife was babysitting for their 3-year-old grandson while the parents were away. No one else was in the house when the grandmother put the child to bed for an afternoon nap. A short time
Kent Hansen was sitting on a public park bench close to a man who was smoking a marijuana cigarette. When an officer in plain clothes saw the marijuana cigarette and smelled burning marijuana, he arrested both men. The officer did not see Hansen holding or smoking the marijuana cigarette.Could the
A guard at the state prison in Walpole, Massachusetts, heard loud voices coming from a walkway. The officer immediately opened the door to the walkway and saw“an inmate named Stephens bleeding from the mouth and suffering from a swollen eye.Dirt was strewn about the walkway, which the officer
A New York state trooper saw a car traveling at an excessive rate of speed on the New York Thruway. The officer overtook the speeding vehicle and stopped it. Four men were in the vehicle, two in the front seat and two in the back seat. While the officer was asking the driver for his license and
How is evidence used in a bail hearing?What are the burdens of proof on the prosecution? See Simpson v. Owens[85 P.3d 478 (Ariz. App. 2004)].
The prosecution may not use evidence of an offer to plead guilty against the defendant in a criminal trial. May the defendant introduce such evidence at either the guilt or penalty phase of a trial? What about evidence that defendants in other cases received lighter sentences when they pleaded
Can a guilty plea be withdrawn? If so, must the defendant have some good reason for requesting a withdrawal? Why did the Seventh Circuit Court of Appeals decide that the defendant in United States v. Gomez-Orozoco[188 F.3d 422 (1999)] [Docket No. 98-4274]should have been permitted to withdraw his
When a plea agreement is made, the defen¬dant commonly makes statements about the crime that might otherwise not be made voluntarily. What effect, if any, does the rescission of the plea by the prosecution have on the admissibility of these statements?Should it make a difference if the plea
Are confessions or incriminating statements available as evidence? If so, where and when were the statements made?Were they taped or on a video? If so, by whom?Can they be seriously attacked as made involuntarily?Are there omissions, false statements, or inaccuracies in the statements?Are there any
Is there a suspect or suspects? What are the reasons for targeting the suspect?Are any persons related to the case in police custody? If so, on what charges?Are charges for an offense other than the crime under investigation? If so, are the offenses related? Is there an opportunity for multiple
What are some likely ways the witnesses may be attacked on cross-examination? What evidence is available to corroborate statements made by witnesses, especially eyewitnesses?
What witnesses are available, and how reliable and dependable are the witnesses? Have the witnesses listed below been evaluated (on a scale from Excellent to Poor, or unknown) on their reliability, dependability, credibility, willingness to testify, and importance of their testimony, as well as
Was the physical evidence obtained in a manner that may be seriously attacked or suppressed under the exclusionary or derivative evidence rule? Are there problems with the chain of custody of the evidence?
What physical evidence is available? DNA Latent prints Weapons Stolen property Ballistics Documents Videos or photos Sexual assault evidence Illegal drugs evidence Test results
Many states have discovery rules in crimi¬nal cases that go beyond the rules estab¬lished by Brady (disclosure) and Youngblood v. Arizona (lost evidence).Two examples of such rules are in State v.Harris [680 N.W.2d 737 (Wis. 2004)] and State v. Steger[158 P.3d 280 (Haw. App. 2006)]. The Hawaii
Notice of alibi statutes require a defendant who intends to present such a defense to give notice to the prosecution so that the prosecution can investigate the alibi. What if a defendant files such a notice but then doesn’t produce the witnesses listed in the notice whose testimony would provide
In Com. v. Laquer [863 N.E.2d 46 (Mass.2007)], the prosecution failed to disclose the report of an investigation that discov¬ered four sets of fingerprints on a telephone in the victim’s apartment, none of which matched the fingerprints of the defendant.The court concluded that this failure did
In People v. Braunthal [31 P.3d 167 (Colo.2001)], the Colorado Supreme Court refused to suppress the testimony of wit¬nesses who viewed a videotape that was subsequently destroyed and thus was unavailable at the defendant’s trial. In Roberson v. State [766 N.E.2d 1185 (Ind.App. 2002)] [Case No.
Read the U.S. Supreme Court’s opinion in United States v. Gonzalez-Lopez [548 U.S.140 (2006)], another assistance of counsel case. How does it differ from the Shirro case discussed above? How did this difference affect the outcome?
Read the U.S. Supreme Court’s opinion in Shirro v. Landrigan [127 S.Ct. 1933 (2007)]. How does the Court interpret the “Assistance of Counsel” language of the Sixth Amendment? How, if at all, does the fact that the case was in the federal court system under the habeas corpus jurisdiction
Read the Hawaii Supreme Court decision in State v. Maluia [108 P.3d 974 (2005)] [Case No. 25689]. What mistake did the prosecu¬tor make in Maluia, and why did it not make the trial unfair?
Read the Maryland Court of Appeals deci¬sion in Brogden v. State [866 A.2d 129(2005)] [Case No. 55/04]. In this chapter, we stated that criminal defendants are entitled to a “Fair (Not Perfect) Trial.” This means that sometimes mistakes can be made in a criminal trial, but the trial is
The Sixth Amendment right to counsel is "charge specific," meaning that even though a defendant cannot be questioned without an attorney on pending charges, the prosecution can continue to investigate other crimes, in- cluding obtaining information from the de- fendant, without the presence of an
Is a confession made to a private person ad- missible in a subsequent criminal prosecution? If so, is the prosecution required to prove that the confession was "voluntary"? Why or why not? See Com. v. Miller [865 N.E.2d 825 (Mass. App. 2007)].
As stated in this chapter, it is a fundamental truth under the Fifth Amendment that incriminating statements are not admissible if they are not given voluntarily. Statements can be “compelled” in a variety of ways. One way the government can compel an admission is by subjecting a person to a
The corpus delicti rule has been used to prohibit convictions based only on a confession, without corroborating evidence. Should this rule be retained? In State v. Mauchley [67 P.3d 477(2003)] [Case No. 20010551], the Utah Supreme Court decided to reject that rule and instead use the
How “personal” is the personal computer you use at work? If your supervisor permits police to view your files and evidence of illegal activity is discovered, should that evidence be excluded? What are the issues presented here?
When has property been abandoned for pur- poses of the Fourth Amendment? Is abandon- ment here used differently than in property law? See State v. Rynhart [125 P.3d 938 (Utah 2005)].
This chapter discussed the good faith excep- tion to the exclusionary rule, which applies where the police in good faith believe a search warrant is valid. The Laughton case, included in the section on the good faith exception, held that the reasonableness of the police officer’s reliance on a
Refer again to the Johnson case cited in the Chapter 9 Case Analysis section. Both the passengers and the driver of the car were subjected to illegal searches. The standing rule discussed in this chapter determines which person can object to which illegal search. Who had standing in that case, and
What must the police show under the “inevitable discovery” rule if they wish to have evidence admitted that was the result of an unlawful search? What did the police argue in United States v. Heath [455 F.3d 52 (2d Cir.2006)|?
Can an airline passenger who has passed through an airport screening gate object to a subsequent secondary search and, if so, suppress evidence of illegal drugs discovered in that search? See United States v. Aukai [497 F.3d 955 (9th Cir. 2007)].
United States v. Johnson [380 F.3d 1013 (7th Cir. 2004)] [Docket Nos. 03-3192, 03-3195]illustrates the complexity associated with applying the independent source doctrine and the inevitable discovery doctrine. Indeed, as the opinion’s author, Judge Posner, admits, the court in Johnson is not sure
The independent source doctrine comes into play when the police have discovered evidence through illegal means but contend that other legal means also lead to the discovery of the evidence. The key to the doctrine is the word independent; the legal means must not be connected to the illegal means.
The defendant and another man, Saunders, were charged with murder. Saunders made a plea agreement, and at his sentencing the state introduced facts to support his guilty plea, including a statement by Saunders to the prosecution that a third person, not the defendant, shot the victim. When the
Is a police lab report testimonial, and thus inadmissible, if the person who prepared the report is unavailable to testify? Does either Crawford or Davis decide the question? See State v. Caulfield [722 N.W.2d 304 (Minn. 2006)]. .
In United States v. Arnold [486 F.3d 177 (6th Cir. 2007)], a woman (a) called a 911 number and stated that the defendant had a gun and planned to kill her. She was in her car when she called the 911 operator, and when police arrived, she got out of her car and (b) made further statements about the
Is the U.S. Supreme Court’s holding in Davis given retroactive effect and thus applicable in collateral review such as habeas corpus? What is the key to determining when new rules will apply to criminal convictions that were final before the new rule was announced?
Charged with the rape of a child, the defendant sought to admit out-of-court statements made by the victim to her father for the purpose of rebutting the state’s proof of oral penetration. Are the child’s statements “assertive statements” and thus covered by hearsay rules? Are they prior
When a police officer testifies at a criminal trial resulting from a criminal investigation of the defendant, the officer is often asked to describe how the officer became aware of the possibility that the defendant was engaged in criminal activity. If the officer gained that information from a
In Primeaux v. State [88 P.3d 893 (Ok. App.2004)], a defendant sought to have the outof-court statements of a co-suspect in a killing admitted at the defendant’s trial. The cosuspect was unavailable because he would invoke his Fifth Amendment rights and refuse to testify. The defendant argued
In many cases, affidavits given by the police to show probable cause for the issuance of a search warrant contain information about confidential informants, including the informant’s identity. It is therefore common to seal the parts of the affidavit that contain such information. In Franks v.
Can a judge take judicial notice of a letter sent to the judge by the defendant, stating facts that were different from those given in the defendant’s subsequent testimony? For what purpose might a judge take such judicial notice? See Sanders v. State [782 N.E.2d 1036(Ind. App. 2003)].
How broad is the crime-fraud exception to the attorney-client privilege? If a client asks his lawyer for advice on how to best persuade the client’s girlfriend to convince a grand jury that she, not the defendant, a convicted felon, owned a firearm, may the attorney be compelled to testify
The husband—wife privilege does not apply to situations in which both spouses are charged with a crime. In such cases, one spouse is permitted to testify against the other spouse over that spouse’s invoking of the privilege. The same is often true where one spouse commits a crime against the
What factors should courts look for when a child’s testimony is alleged to be a “false memory”? See Com. v. Davis [939 A.2d 905(Pa. Super. 2007)].
In Wright v. State [178 S.W.2d 905 (Tex.App. 2005)], a detective gave testimony in a defendant’s murder trial in which the detective stated his theory on how the defendant killed her husband. The defendant objected to the testimony on the grounds that the detective was not testifying based on
If a police officer’s opinion based on years of experience and training is classified as expert testimony, how does the prosecution satisfy the burden imposed by Rule 702 that the officer is “qualified” as an expert? Why was it important to the prosecution in People v.Clifton [750 N.E.2d 686
Rule 701 of the Federal Rules of Evidence governs the admissibility of lay opinion testimony. Rule 702 governs the admissibility of expert opinion testimony. Most states have adopted rules similar to the federal rules. How do Rules 701 and 702 differ? What must be shown to permit the admission of
In many criminal prosecutions, convicting a defendant of the crime charged also entitles the prosecution to seize money used in or derived from the crime. The prosecution must first find the money and then prove, usually by circumstantial evidence, the connection of the money to the crime. The case
In State v. Surratt [932 So.2d 736 (La. App.2006), cert. denied, 957 So.2d 165 (La.2007)], the prosecution used fingerprints to prove that the defendants committed two murders. How were the fingerprints tied to the crimes? What problems did the prosecution confront in making that connection?
A young woman wakes up in a bed in a hotel. Her state of dress appears to have been altered from that of the previous evening.The man who took her to the hotel had a bottle of Rohypnol, the “date rape” drug, in his possession. Experts testified that the woman had been drugged with Rohypnol.The
Proving sexual abuse of children frequently involves only circumstantial evidence because the child is often unable to give direct testimony about the abuse. In State v. Schoommaker [105 P.3d 302 (2005)], the New Mexico court affirmed a conviction of a defendant for negligent child abuse. What
A young woman wakes up in a bed in a hotel. Her state of dress appears to have been altered from that of the previous evening.The man who took her to the hotel had a bottle of Rohypnol, the “date rape” drug, in his possession. Experts testified that the woman had been drugged with Rohypnol.The
An experienced law enforcement officer used the following incident as an example for classes. The officer’s wife was babysitting for their 3-year-old grandson while the parents were away. No one else was in the house when the grandmother put the child to bed for an afternoon nap. A short time
Kent Hansen was sitting on a public park bench close to a man who was smoking a marijuana cigarette. When an officer in plain clothes saw the marijuana cigarette and smelled burning marijuana, he arrested both men. The officer did not see Hansen holding or smoking the marijuana cigarette. Could the
A guard at the state prison in Walpole, Massachusetts, heard loud voices coming from a walkway. The officer immediately opened the door to the walkway and saw “an inmate named Stephens bleeding from the mouth and suffering from a swollen eye. Dirt was strewn about the walkway, which the officer
A New York state trooper saw a car traveling at an excessive rate of speed on the New York Thruway. The officer overtook the speeding vehicle and stopped it. Four men were in the vehicle, two in the front seat and two in the back seat. While the officer was asking the driver for his license and
How is evidence used in a bail hearing? What are the burdens of proof on the prosecution?See Simpson v. Owens [85 P.3d 478 (Ariz.App. 2004)].
The prosecution may not use evidence of an offer to plead guilty against the defendant in a criminal trial. May the defendant introduce such evidence at either the guilt or penalty phase of a trial? What about evidence that defendants in other cases received lighter sentences when they pleaded
Can a guilty plea be withdrawn? If so, must the defendant have some good reason for requesting a withdrawal? Why did the Seventh Circuit Court of Appeals decide that the defendant in United States v. Gomez-Orozoco [188 F.3d 422 (1999)] [Docket No. 98-4274] should have been permitted to withdraw his
When a plea agreement is made, the defendant commonly makes statements about the crime that might otherwise not be made voluntarily. What effect, if any, does the rescission of the plea by the prosecution have on the admissi- bility of these statements? Should it make a difference if the plea
Many states have discovery rules in criminal cases that go beyond the rules established by Brady (disclosure) and Youngblood v. Arizona (lost evidence). Two examples of such rules are in State v. Harris [680 N.W.2d 737 (Wis. 2004)] and State v. Steger [158 P.3d 280 (Haw. App. 2006)]. The Hawaii
Notice of alibi statutes require a defendant who intends to present such a defense to give notice to the prosecution so that the prosecu- tion can investigate the alibi. What if a de- fendant files such a notice but then doesn't produce the witnesses listed in the notice whose testimony would
In Com. v. Laquer [863 N.E.2d 46 (Mass.2007)], the prosecution failed to disclose the report of an investigation that discovered four sets of fingerprints on a telephone in the victim’s apartment, none of which matched the fingerprints of the defendant. The court concluded that this failure did
In People v. Braunthal [31 P.3d 167 (Colo.2001)], the Colorado Supreme Court refused to suppress the testimony of witnesses who viewed a videotape that was subsequently destroyed and thus was unavailable at the defendant’s trial. In Roberson v. State [766 N.E.2d 1185 (Ind. App. 2002)] [Case
Read the U.S. Supreme Court’s opinion in United States v. Gonzalez-Lopez [548 U.S.140 (2006)], another assistance of counsel case. How does it differ from the Shirro case discussed above? How did this difference affect the outcome?
Read the U.S. Supreme Court’s opinion in Shirro v. Landrigan [127 S.Ct. 1933 (2007)].How does the Court interpret the “Assistance of Counsel” language of the Sixth Amendment? How, if at all, does the fact that the case was in the federal court system under the habeas corpus jurisdiction
Read the Hawaii Supreme Court decision in State v. Maluia [108 P.3d 974 (2005)] [Case No. 25689]. What mistake did the prosecutor make in Maluia, and why didn’t it make the trial unfair?
Read the Maryland Court of Appeals decision in Brogden v. State [866 A.2d 129 (2005)][Case No. 55/04]. In this chapter, we stated that criminal defendants are entitled to a “Fair(Not Perfect) Trial.” This means that sometimes mistakes can be made in a criminal trial, but the trial is
What does the film suggest about the potential role of the justice system in addressing criminal behaviour?
What role in crime is played by:a. The individualb. The circumstances in which the individual grew up
What lessons can be learned from the film?
What is meant by smart on crime and over-criminalization, and how are these notions related to discussion of criminal justice reforms?
Provide examples of questions that should be asked by informed observers of the criminal justice system.
Identify and discuss some of the opportunities that exist to improve the criminal justice system.
Identify and discuss some of the challenges that confront the criminal justice system, including the obstacles to change.
What options might exist to the current manner in which youth who have committed serious crimes are handled?

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Canadian Criminal Justice A Primer 6th Edition Curt T. Griffiths - Solutions

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