Criminal Evidence 1st Edition Matthew Lippman - Solutions

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In 18 U.S.C. Section 931, Congress made it a federal crime for any convicted felon to possess body armor.The defendant, a convicted felon, was charged under this statute when he was found wearing a bulletproof vest. The vest was manufactured in another state but had been moved to the defendant’s
One form of punishment permitted, but not often used, is banishment from a particular location for a specifi c time. What are some of the issues that might arise if a defendant objects to such a punishment?Which of the two banishments imposed in the following cases should be upheld?a. State v.
Many states use a lethal injection system for execution of convicted killers. California is one of those states. What issues are raised when an inmate facing lethal injection contends that the method is unconstitutional because the procedure causes unusual pain and suffering? How should they be
Bajakajean (“B”) was convicted of the federal crime of willful transportation of U.S. currency in excess of $10,000 outside U.S. borders. B had $357,144 in his possession and was about to board a plane for Italy when arrested. He was sentenced to three years’probation and fi ned $15,000.The
Were the sentences in the following wellpublicized cases appropriate in achieving the goals of the criminal justice system?Person Offense Convicted of Sentence Pete Rose (baseball player and manager)Failed to report and pay income taxes on $354,968 Five months in jail, three months at a halfway
Defendant was charged with murder and with assault with the intent to commit murder. At her trial she claimed that she took the actions because of the demands made by her abusive boyfriend, who told her he would hurt her if she did not do what he demanded. Is the defendant entitled to assert the
The police left a car sitting in a parking lot with the keys in the ignition and the driver’s door opened.The defendant walked by, saw the open door, looked in, saw the keys, and got in the car. As he drove away, the police stopped him and charged him with motor vehicle theft. Does the defendant
Gorday stopped a motorist parked in a shopping mall, and holding a scissors pointed at the motorist, demanded the motorist’s purse. After taking the purse, Gorday took a credit card from the purse and used it to buy gasoline for her car.She was apprehended while doing so and charged with armed
Assume a thief steals a credit card and uses the card in several separate instances. Can the thief be charged with multiple violations of a state statute that makes it a crime to “knowingly obtain, possess, use, or transfer a means of identifi cation or fi nancial information of another”? Why
The battered woman syndrome has met with mixed success when urged as a defense to charges against the woman for attacks on her abuser, unless the attacks occurred during an incident of abuse.Should the prosecution be able to use the syndrome in the following case: The defendant was charged with
After a high-speed chase, with speeds in excess of 100 mph, police officers forced a vehicle off the road. The driver of the vehicle refused repeated demands by the police offi cers to exit the vehicle and was forcibly removed by the offi cers. The driver, a woman, brought a Section 1983 action
Does the “castle” doctrine apply to an area outside the home (called the “curtilage”)? See People v. Riddle, 649 N.W.2d 30 (Mich. 2002), where a homeowner claimed the “castle” doctrine permitted him to use deadly force against another person in his driveway, without fi rst seeking a
Was the use of force justifi ed in the following two situations?a. A 19-year-old woman was raped by two men. She subsequently invited them for a return date, at which time she killed one with a shotgun, while the other man fl ed.b. A 62-year-old retired army offi cer was awakened by noise in his
Should the insanity defense be available for defendants charged with strict liability crimes, or crimes that require no proof of any specifi c intent? Can the prosecution argue that because the crime has no intent requirement, it should not be relevant that the defendant could not know what he was
What exactly must the defendant prove to establish the insanity defense? Is it enough to prove a mental defect or disease? If a defendant charged with possession of a controlled substance with intent to deliver proves he suffered from syphilitic encephalopathy, and that this condition caused him to
Section 4.01 of the Model Penal Code, the “substantial capacity” test, states in subsection 2 that mental disease or defect does not include “an abnormality manifested only by repeated criminal or antisocial conduct.” This language was clearly adopted to exclude the psychopath, that is, a
In the 1998 trial of Theodore Kaczynski, who was charged in a California federal court of being the Unabomber, a federal judge ordered Kaczynski to undergo mental evaluation to determine whether Kaczynski was competent to stand trial for the criminal charges. In such cases, what does incompetency
The defendant and two other people agreed to kill a victim, in part to obtain insurance proceeds on the victim’s life. The defendant took a man hired to be the hit man to a restaurant, where the victim was identifi ed to the hit man. Subsequently, the defendant called the other parties to the
The defendant planned to kill a woman with whom he had a sexual relationship. He asked a friend to drive the victim and him to an abandoned farm, where he stated he would kill the victim. The friend agreed but instead told the police about the conversation.The police arrested the defendant and
The rule that “bad thoughts alone” cannot constitute an attempt results in the requirement that the defendant must have taken some steps to put the bad thoughts into action. Moreover, these steps must be, in the language of the Model Penal Code, “substantial” enough to “strongly
When one parent abuses a child, may the state charge the other parent with accomplice liability for that abuse? Since most states defi ne accomplice liability in terms of “aiding” another in the commission of a crime, what must the state prove the other parent did? Does the state’s defi
Most states make it a crime to purchase alcohol for a minor, sometimes called the shoulder tap crime, based on the typical manner a request by a minor for an adult to purchase alcohol occurs. These crimes generally do not require proof that the defendant knew the person for whom the alcohol was
Most states have statutes making it a crime to stalk another person in violation of a protective order. This kind of stalking is not uncommon where married persons are going through divorce proceedings, and one of them does not want the divorce. An example of a stalking statute is Iowa Code,
Inferences can be drawn in the following two situations, but would they be strong enough to justify issuing criminal charges? Would conclusions drawn from these inferences or presumptions violate the Due Process Clause? Why or why not?a. A state statute states that a person commits an offence “if
The defendant, James Jackson, testified at his criminal trial that he had shot and killed his friend, Mrs. Cole. Jackson also testifi ed that he was not drunk at the time of the shooting but that he had been “pretty high.” He testifi ed that Mrs. Cole had taken off some of her clothes and then
Under the reasoning of Robinson v. California and Jones v. City of Los Angeles, discussed in this chapter, may the city of Chicago pass an ordinance that permits the police to order a homeless person found sleeping in an airport seating area to leave, and if that person does not, arrest the
Creek was charged with the crime of kidnapping a child. During the entire kidnapping, the child, Adam, remained asleep. Under relevant state tort law, Adam could not recover damages from Creek for the tort of false imprisonment, because to do so, a victim must be conscious during the
Michael was almost 18 years old. Around midnight on a summer’s night, he approached a 16½-yearold girl, Sharon, and her sister as they waited at a bus stop. The girls had been drinking. Michael and Sharon moved away from the others and began to kiss. When Sharon objected to Michael’s sexual
Pestinikas and his wife verbally agreed to provide food, medicine, and other necessities to a sick and elderly 92-year-old man. Unfortunately, Pestinikas and his wife failed to provide the food and medical care they had been paid to provide. The state can prove that the 92-year-old man’s death
6. Can you explain the executive privilege? Confidential informant privilege?
5. Are you aware of the purpose of the media privilege and what is covered by the media privilege?
4. Do you know who the "holder" of the spousal privilege is: the husband or the wife?
3. Can you list exceptions to the attorney-client and clergy-penitent privileges?
2. Do you know why the law of evidence provides for privileges?
1. Can you explain testimonial privilege?
10. Do you know the reason for a residual exception?
9. Are you able to discuss why there is a hearsay exception when a party wrongfully causes the absence of a witness?
8. Can you explain why there is a hearsay exception for public records?
7. Do you know the requirements that must be met for the business records exception? When is the absence of a business record admissible in evidence?
6. Can you explain the difference between then existing mental, emotional, or physical conditions and a statement made for medical treatment?
5. Are you able to describe the distinction between a present sense impression and an excited utterance?
4. Do you know the difference between admissions and statements against interest?
3. Are you able to explain the relationship between admissions, adoptive admissions, admission by an agent, and admission by a co-conspirator?
2. Can you summarize the U.S. Supreme Court cases that analyze the relationship between the Sixth Amendment Confrontation Clause and the hearsay rule?
1. Do you know the definition of hearsay and the reason for excluding hearsay evidence from trial?
8. Are you aware of the primary requirement that must be met for in-court exhibitions?
7. Do you know requirements of the best evidence rule and why it is difficult to determine when the rule applies?
6. Can you explain how to authenticate that a defendant made a phone call to the victim?
5. Are you aware of the purpose of using models, maps, diagrams, and charts and how to authenticate these items?
4. Do you know the requirements for authenticating photographs, and videos from surveillance cameras? What about medical images?
3. Can you explain why some documents are considered self-authenticating?
2. Are you aware of the various methods for authenticating documents?
1. Do you know what is meant by authentication? Why are documents authenticated?
9. Why are the results of polygraph examinations generally not admissible at trial?
8. What is the significance of a ballistics test?
7. How does blood alcohol testing work?
6. Can you describe the process of gathering fingerprint evidence?
5. Are defendants provided access to expert witnesses?
4. Do you know the steps in establishing the foundation for scientific evidence?
3. What is the importance of the chain of custody of evidence? How is the chain of custody established?
2. Can you discuss how to authenticate crime scene evidence?
1. Do you know the steps in marking evidence?
4. Can you explain why expert witnesses traditionally have not been permitted to testify about an "ultimate issue"? How do the Federal Rules of Evidence approach this issue?
3. What qualifications must be satisfied for an individual to testify as an expert witness at trial?
2. Do you know when a lay witness may give an opinion?
1. What is the difference between lay witnesses and expert witnesses?
10. Are you able to explain the difference between present recollection refreshed and past recollection recalled?
9. Can you explain what is involved in impeaching a witness based on bias? A prior inconsistent statement? Do you know some other grounds on which to impeach a witness?
8. Explain the purpose of impeachment. When may a witness be impeached by the opposing attorney?
7. Do judges allow individuals with felony convictions to testify? What of individuals with severe mental challenges?
6. May an individual be disqualified to testify at a trial because of his or her religious beliefs?
5. Does the law of evidence allow a spouse to prevent his or her partner from testifying against him or her at a criminal trial?
4. Do you know whether judges and jurors may be called as witnesses at a trial?
3. Can you discuss the special procedures courts use in determining whether children are competent to testify?
2. Can a witness testify who has been hypnotized?
1. Do you know what is meant by competence to testify? List and explain the requirements that must be met for a witness to be competent to testify.
7. Can you explain rape shield laws?
6. Are you able to distinguish character evidence from evidence of habit?
5. Do you know when "other acts" evidence is admissible?
4. Can you explain what types of character evidence about victims may be offered by the defense and by the prosecution?
3. Do you understand what types of character evidence about a defendant are admissible at trial and what types of character evidence are admissible by the prosecutor in rebuttal?
2. Do you know how circumstantial evidence may be used to demonstrate consciousness of guilt? Consider evidence of flight. concealing evidence, and offers to plead guilty. Explain how possession of stolen property and sudden wealth are circumstantial evidence of guilt.
1. Can you give examples of how circumstantial evidence may create an inference that a suspect possesses the capacity to commit the crime with which he or she is charged? In your answer, think about specialized skill, possession of the means to commit the crime, and physical and mental capacity.
9. Are you able to describe the importance writ of habeas corpus for protecting rights and liberties?
8 Do you know the importance of the plain error exception, the harmless error exception, and the automatic reversal rule?
7. Can you describe the role of the judge and jury in fixing criminal sentencing?
6. Can you list the policy arguments for and against plea bargaining? What constitutional issues are presented by the plea-bargaining process? Describe the conditions that must be satisfied before a trial court judge may accept a defendant's guilty plea.
5. Are you able to identify the purpose of the lawyers' opening and closing statements at trial?
4. Can you define voir dire and distinguish between peremptory challenges and challenges for cause?
3. What is the role of a motion to suppress?
2. Can you describe the role of the grand jury and why it is called the prosecutor's "little darling"?
1. Are you able to describe the functions of the first appearance, the preliminary hearing, and the arraignment?
10. Are you able to describe the relationship between the Federal Rules of Evidence and state rules of evidence? Why do we need rules of evidence?
9. Can you explain the debate over the Fourteenth Amendment and the incorporation of the Bill of Rights?
8. Do you know why courts rely on precedent?
7. Are you able to describe the structure of state court systems?
6. Can you explain the relationship between the U.S. Supreme Court, federal courts of appeal, and federal district courts?
5. Are you able to explain the development and significance of judicial review?
4. Can you describe the origin of trial by jury in England?
3. Are you able to explain the different roles of the judge and jury at trial in terms of the determination of the law and the determination of the facts?

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