Questions and Answers of Criminal Law

Does a person using a public restroom in a government office building have a reasonable expectation of privacy from television security surveillance?
In New Jersey v. T.L.O. (1985), the Supreme Court adopted a reasonableness standard for public school searches. Should this standard be applied to searches of students in public colleges and
What is the rationale for excluding from trial evidence obtained in violation of the Fourth Amendment? Is this a compelling justification for the exclusion of criminal evidence from the trial of a
What alternatives to the exclusionary rule might be adopted to enforce the protections of the Fourth Amendment? How effective are such alternatives likely to be?
The Supreme Court has created a “good-faith” exception to the exclusionary rule where police rely on a search warrant that is later held to be invalid because the magistrate erred in finding
What is meant by the “fruit of the poisonous tree doctrine” in relation to searches and seizures?
What is the “standing” requirement in the law of search and seizure? What is its purpose?
In 2006 in Hudson v. Michigan, Justice Scalia, writing for a sharply divided Supreme Court, concluded that when it comes to knock-and-announce violations, “[r]esort to the massive remedy of
In United States v. Salvucci (1980), the U.S. Supreme Court concluded that “the automatic standing rule … has outlived its usefulness in this Court’s Fourth Amendment jurisprudence.” Yet,
Police observed an automobile traveling at a high rate of speed and swerving on the road. They gave pursuit and stopped the vehicle after a five-minute chase.The driver, later identified as Jerome
Acting without a search warrant, police arrive at a home after receiving an anonymous tip that a man has been making illegal explosives in his workshop. The officers find that the man is not at home.
The sheriff’s department in a rural north Georgia county receives an anonymous letter stating that there is a “meth lab” being operated in a trailer home belonging to Danny Dawgmire and that
Use www.findlaw.com or some other Internet resource to locate the U.S. Supreme Court’s most recent decisions in the areas of arrest and interrogation.Try to determine whether the Court has agreed
Practically speaking, what is the difference between “probable cause” and “reasonable suspicion”? How long can police detain a suspect based on reasonable suspicion?
What are the practical arguments for and against allowing private citizens to make arrests when they observe criminal activity taking place? What is the law in your state governing “citizen’s
Does your state make any distinction between minor and serious traffic offenses in permitting arrests? Is the use of arrest procedures for relatively minor traffic offenses unnecessary? Is it better
In the Miranda case, the Supreme Court released a convicted rapist to impose a requirement that police advise suspects of their constitutional rights before conducting interrogations. Was the
What factors do courts consider in determining whether an individual is “in custody” when a police interrogation takes place?
What limitations do courts impose on police in the use of deception in interrogations of suspects?
How might police coerce a suspect into waiving the right to counsel and to remain silent during interrogation? How can courts ensure that cooperation with police was voluntary?
What factors do courts consider in evaluating whether a confession has been coerced?
Are the courts correct in limiting the scope of the Fifth Amendment Self-Incrimination Clause to verbal statements so that there is no constitutional protection against compulsory police
Describe the methods of nonscientific identification used by law enforcement in their attempts to identify suspects. Which do you think is the most reliable?
Would it be permissible for police to construct a lineup including four visibly overweight persons along with a slim suspect where the victim told police that her assailant was “very thin”?
Discuss racial profiling, which results in a disproportionate number of minorities being stopped for disobeying traffic laws. Should this problem be addressed by(a) courts’ dismissing charges or
Police obtained a warrant to search a single-family residence for “illegal amphetamines and equipment used in the manufacture of same.” The warrant also authorized the search of the person of
A police officer on night patrol saw a car parked off a dirt road in an area known to be a “lovers’ lane.” As his cruiser approached the car, he observed a male and a female sitting inside. He
Use Web-based resources to determine the role of grand juries in your state’s criminal justice system. How are grand jurors selected? How long do they serve? What powers does the grand jury
Have the courts gone too far or not far enough in requiring that indigent defendants be represented by counsel at public expense?
What are the arguments for and against allowing defendants without any legal training to represent themselves in felony prosecutions? How far should a trial judge go in advising a defendant of the
In your opinion, does the Eighth Amendment guarantee the right to pretrial release on bail in a felony case? What about a misdemeanor case? Did the Supreme Court decide the Salerno case correctly?
How does a magistrate determine how much bail is appropriate and how much is “excessive”? What alternatives, if any, do you see to the traditional bail-bond system to ensure the appearance of the
Can you imagine a situation in which a prosecutor would run afoul of the Constitution by engaging in selective prosecution? In your state, can a prosecutor be sued for malicious prosecution? How is
Why does the law insist on a determination of voluntariness and a factual basis when a defendant pleads guilty or nolo contendere?
Do the courts in your state permit the nolo contendere plea? If so, what tactical advantage does the defendant gain by pleading nolo contendere rather than guilty?
How might a prosecutor persuade a defendant to plead guilty to a criminal charge without running afoul of due process? What prosecutorial tactics are likely to be viewed as fundamentally unfair?
Compare the advantages and disadvantages to the defendant of insisting on the right to a speedy trial.
Why do you think the U.S. Supreme Court has never held that the Fifth Amendment requirement of indictment by a grand jury applies to the states as well as to the federal government?
Does the grand jury still play a viable role in the criminal justice system? Are the criticisms of the grand jury valid? Why or why not?
Should plea bargaining be abolished? If not, what modifications might be necessary to protect (a) the defendant and (b) the public?
Samuel Penurio was president of a community bank in a small town. He was well thought of in the community, but he was known to drink to excess occasionally.One June evening his bank hosted a cocktail
Willy Doolittle, age thirty-eight, is an unemployed male construction worker. He is married with two children in middle school. He has been unable to support his family for the past few weeks because
Go to the Court TV website at http://www.courtv.com. Follow Court TV’s coverage of a current trial. Write a memorandum to your instructor summarizing the major factual and legal issues before the
Jurors are generally selected from among those citizens who have registered to vote or who have registered motor vehicles. Do these methods produce juries drawn from a “representative cross-section
In England, the voir dire process is conducted by the trial judge and is extremely limited. Do you think the American system of criminal justice would have more credibility if the voir dire were
What factors do you think a defense attorney considers in deciding whether to advise a client to testify in his or her own behalf at trial?
In 1965 Justice Tom Clark, writing for the Supreme Court in Estes v. Texas, observed that “[t]rial by television is…foreign to our system.” Evaluate Justice Clark’s statement in view of
Many rules of evidence applied in jury trials are derived from the early common law, when jurors were largely uneducated. These rules were designed to prevent jurors from hearing evidence that might
What testimonial privileges are available to witnesses in your state? What is the rationale for each?
Do you think a trial judge should be allowed to summarize the evidence for the jury’s benefit before the jurors retire to deliberate? What advantages and disadvantages can you see in such a
In some jurisdictions, a judge instructs the jury regarding its general duties and responsibilities at the beginning of the trial rather than waiting until the evidence has been presented. Do you
Do you think that the trial judge should inform a jury that it has the power to issue a jury pardon despite the evidence of the defendant’s guilt when the jury feels that in “good conscience”
The Supreme Court has said that state criminal trial juries need not observe the unanimity principle that prevails in the federal courts. Could it not be argued that the reasonable doubt standard
A defendant is tried before a jury on a DWI charge. At the conclusion of the trial the judge instructs the jury: “If you find from the evidence that the defendant had a blood-alcohol content of
A defendant is being tried for first-degree murder. The prosecutor presents an eyewitness to the victim’s being shot. After asking the witness some preliminary questions, the prosecutor begins a
In response to the prosecutor’s questions, a lay witness who is a high school graduate testifies as follows: “I measured the defendant’s skid marks, and I believe he was driving at a speed of
Luke Lumberjack is being tried for raping a woman he has known for a year.The state’s evidence disclosed that Lumberjack, age twenty-three, had spent an evening with the female complainant, age
Go to the Web. Locate your state’s statutes pertaining to criminal procedure.Does your state impose a mandatory minimum sentence for a defendant who is convicted of carrying a firearm during the
Why have the courts generally viewed corporal punishment as “cruel and unusual”yet been unwilling to take the same view of capital punishment?
How could a prisoner on death row establish that his or her death sentence was the result of racial discrimination?
Does your state impose the death penalty? If so, what does the state law provide with respect to juries considering aggravating and mitigating factors? Do you think your state’s law governing the
What alternatives to imprisonment exist to deal with violent criminals who are repeat offenders? What alternatives, if any, would you propose? What legal problems are implicit in these alternatives
Discuss the pros and cons of mandatory sentences. Do mandatory sentences remove discretion from the sentencing judge and vest discretion in the prosecutor who may elect to charge a defendant with a
Suppose you were a probation officer and a judge asked you to recommend probation conditions for a first-time offender convicted of the sale and possession of cocaine. What specific conditions would
Should a defendant always be permitted to view the contents of a presentence report? What are the arguments for and against this?
In August of 2003, Justice Kennedy made a speech in which he strongly criticized mandatory sentencing laws. Do you agree or disagree with Justice Kennedy? Why?
What implications do the U.S. Supreme Court’s recent decisions in Apprendi v. New Jersey (2000), Blakely v. Washington (2004), and United States v. Booker (2005) have for future use of sentencing
What is the rationale for granting only minimal due process rights to parolees and probationers and to prisoners in disciplinary proceedings?
To what extent have the legal rights of prisoners been expanded since the 1960s? Have the courts been unduly solicitous in entertaining lawsuits brought by prison inmates?
Do you think that the introduction of a victim impact statement during the sentencing phase of a capital trial is appropriate, or do you think it might inject too much emotionalism into the process?
Inmate Jay Leburd has brought suit in federal court challenging the conditions of his confinement in the Intensive Management Unit (IMU) of a maximum security state prison. Specifically, Leburd
In 1987 Douglas Deville was convicted in a state court for felonious possession of cocaine. He received probation for that offense. Three years later, Deville was found guilty of another drug-related
Locate your state’s online resources on the Web. Find the opinions of the appellate court or courts that review routine criminal appeals. Determine whether that court’s opinions are posted
What court or courts in your state have jurisdiction to hear appeals from felony convictions? What changes, if any, would you propose for your state’s system of appellate courts?
Is the right to appeal a necessary concomitant of due process of law? In the absence of statutory rights to appeal, would the current Supreme Court find a constitutional right to appeal implicit in
What new or revised procedures would expedite the resolution of criminal appeals? Would such procedures detract from the fair and deliberative review essential to determine whether the decision of
In addition to determining whether a sentence imposed on a convicted defendant is within the statutory bounds, do you think an appellate court is an appropriate forum to reconsider the reasonableness
How has the “nationalization” of the criminal law that occurred through decisions of the U.S. Supreme Court during the 1960s and 1970s affected the appellate process?
The U.S. Supreme Court has recognized a constitutional right to represent oneself in a criminal trial. Could a person who insisted on self-representation at trial later challenge his or her
Where a defendant has had an opportunity for a full and fair review of his or her trial through an appeal, what justifies the availability of additional avenues of review through collateral attack?
After studying briefs submitted by counsel and hearing oral arguments in a proceeding open to the public, appellate judges retire to privately discuss and decide the merits of criminal appeals.
In a substantial number of criminal appeals, some state appellate courts routinely issue decisions merely stating “Judgment Affirmed.” When an appellate court rejects a defendant’s issues on
Do you think the ability of a convicted defendant to secure DNA testing rises to an issue of due process of law? Does Congress have a role to play in providing a standardized process throughout the
John Dunnit was convicted of aggravated sexual battery and was sentenced to state prison. After exhausting his appellate remedies in the state courts, Dunnit filed a federal habeas corpus
Culp Able was convicted of murder in state court. Central to the state’s case was a confession that Able uttered before being given his Miranda warnings. The trial judge received the confession in
How does a crime compare to a civil wrong?
In what ways is the criminal law different from the law of criminal procedure?
Explain the goals of the criminal law.
Which goal of the criminal law do you prefer, and why?
Identify five sources of the criminal law.
What effect did early legal codes have on the modern criminal law?
What is the common law, and why is it important?
At what levels of government are modern statutes found?
What are the constitutional sources of the criminal law?
Which source of the criminal law is the most influential? Why?
Distinguish between adversarial and inquisitorial justice.
What is the burden of proof in a criminal trial? How does it compare to the burden of proof in a civil trial?
What are presumptions, and why are they important?
Distinguish between the roles of the prosecutor and defense attorney.
What is the role of the judge?

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