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Criminal Evidence 1st Edition Matthew Lippman - Solutions
2. Can you distinguish between burden of production, burden of persuasion, and burden of proof and the relationship between burden of proof and guilt beyond a reasonable doubt?
1. Do you know the definition of evidence?
10. 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.
9. 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?
7. What is the role of defense counsel at lineups under the Wade-Gilbert rule?
6. Summarize the Sixth Amendment Wade-Gilbert rule.
5. Why are lineups and showups a critical stage of a criminal proceeding?
4. Why are lineups, showups, and photographic identifications not considered a violation of the Fifth Amendment right against self-incrimination?
3. Discuss the procedures that have been proposed to ensure more accurate identifications.
2. Why do perception, memory, and identification create a risk of misidentification?
1. Distinguish lineups, showups, and photographic identifications.
6. Do you understand the significance of police involvement in suggestive identifications?
5. Can you describe the due process test for identifications?
4. Do you know whether individuals have the right to counsel for photographic displays?
3. Are you able to describe the difference between the right to counsel at pre-indictment lineups and the right to counsel at post- indictment lineups?
2. Can you explain the Wade-Gilbert rule?
1. Do you know the three stages of eyewitness identification and the threats to the accuracy of eyewitness identification at each stage?
18. 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.
17. Does Miranda handcuff the ability of the police to rely on confessions, or does it favor the police?
16 How does the Sixth Amendment right to counsel protect individuals from interrogation by the police?
15. 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 the police can interrogate a suspect who has invoked his or her right to a lawyer? What is the legal test determining whether an individual has Initiated contact with the police?
13. What is the legal test for determining whether the police can interrogate a suspect who has invoked his or her right to silence?
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.
11. 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?
1 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.
9 How should the Miranda rights be read to a suspect?
What is the test for custodial interrogation? Discuss the public safety exception.
7. 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.
5. Summarize the holding in Escobedo v. Illinois. How did this set the stage for the Supreme Court's decision in Miranda v Arizona?
4. 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
3. Can you identify some of the reasons that suspects make false confessions?
2. What are some of the dangers of relying on confessions to obtain criminal convictions?
1. Why are confessions important tools in criminal investigation?
11. Do you know the Sixth Amendment protections provided to defendants in police custody?
10. Can you describe the test for interrogation?
9. Do you know the legal tests for a waiver following invocation of the Miranda rights?
8. Can you define question first and warm later"?
7. Do you know the test for the waiver of the Miranda rights? Explain explicit and implicit waiver.
6. Can you explain how the Miranda rights are to be read and the requirements for invoking the Miranda rights?
5. Can you explain the public safety exception?
4. Do you know the factors to be considered in determining whether an individual is subjected to custodial interrogation?
3. Can you explain how Miranda v. Arizona protects the Fifth Amendment rights of individuals in police custody?
2. Are you able to discuss the protections provided by the Fifth Amendment right against self-incrimination and what is protected by the Fifth Amendment and what is not protected?
1. Do you know the role of confessions in the criminal investigation process, the potential challenges and problems presented by confessions, and the explanations for false confessions?
14 What are the requirements for a special-needs search? What are some examples of special-needs searches?
13. Explain why administrative inspections are based on a modified probable cause standard.
When may the police conduct an inventory? What are the requirements for an inventory search?
Under what circumstances may the police search a container in an automobile without a warrant? Does it matter whether the container is owned by the driver or by a passenger? Is a warrant required when the same container is searched when it is outside the motor vehicle?
Discuss the requirements for a third-party consent search.
9. What is the scope of a probable cause search of an automobile?
8 Define the scope of a consent search. May an individual withdraw his or her consent?
7. What is the legal standard for a consent search?
6. Elaborate on pretext arrests and whether pretext arrests constitute a defense under the Fourth Amendment.
Define the scope of a police search when they arrest the driver of an automobile on the highway. How does Thornton expand the holding in Belton?
4. What is the scope (extent) of a search incident to an arrest? Why is there a contemporaneous requirement for searches incident to an arrest?
Discuss the purpose of a search incident to an arrest. Compare and contrast searches incident to arrest with frisks
2 Define the knock and announce rule. When are the police justified in not adhering to the knock and announce requirement?
1. Discuss search warrants and the particularity requirement.
10. Can you define and list examples of special-needs searches?
9. Do you know the purpose of administrative inspections and whether these searches require a warrant based on probable cause?
8. Do you know the requirements for inventory searches?
7. Can you describe the automobile exception to the Fourth Amendment?
6. Are you able to explain the law on third-party consent?
5. Can you explain the legal standard for a valid consent search, the standard for determining the scope of a consent search, and the legal test for determining whether an individual withdrew consent?
4. Do you know the definition of a pretext arrest and the constitutionality of pretext arrests under the Fourth Amendment?
3. Are you able to explain the scope of a search incident to an arrest of an individual and the circumstances in which the police are justified in searching an automobile based on a search incident to an arrest?
2. Do you understand the knock and announce rule and circumstances in which the police are not required to knock and announce?
1. Can you describe the process for obtaining a search warrant and the information that is required to be included in a valid search warrant?
12. What is the difference between an arrest and receiving a citation for a misdemeanor? Explain the Supreme Court's holding in Atwater v. City of Lago Vista.
11.Discuss the significance of Tennessee v. Garner and Graham v. Connor
10. What are exigent circumstances? Discuss the justifications for exigent circumstances.
9 Compare Watson v. United States with Payton v.New York.
8. When do arrests for felonies and arrests for misdemeanors require warrants?
Describe the process of issuing a warrant. What information must appear on the face of the warrant? Discuss the purpose of a Gerstein hearing.
How does Draper v. United States illustrate the determination of probable cause?
Compare and contrast the Aguilar-Spinelli test with the totality-of-the-circumstances test in Illinois v. Gates.
Discuss how a police officer's use of his or her "five senses"may constitute probable cause.
3 How does the probable cause standard for arrests balance the privacy interests of the individual against the societal Interest in criminal investigation and the apprehension of offenders?
Define probable cause and explain the meaning of probable cause in your own words.
Compare and contrast reasonable suspicion and probable cause.
7. Do you know the law on misdemeanors, citations, and arrests?
6. Are you able to describe circumstances under which the police may rely on deadly force and may rely on non-deadly force?
5. Can you define exigent circumstances?
4. Do you know when an arrest warrant is required for felony arrests and for misdemeanor arrests in public and in the home?
3. Are you able to describe the process for obtaining an arrest warrant?
2. Can you distinguish between the Aguilar-Spinelli test for evaluating whether the police may rely on an informant and the totality-of- the-circumstances test?
1. Do you know the definition of probable cause and the type of facts that the police may rely on in determining probable cause?
Write a one-page essay for police officers summarizing the law of stops and frisks.
Discuss the extension of Terry frisks to automobile passenger compartments and to drugs.
10. May a police officer order a driver or a passenger to exit an automobile? Under what circumstances may an officer frisk a driver or passenger who has exited a vehicle?
What is the legal standard for a Terry frisk?
8. Discuss the scope and duration of a Terry stop in regard to the permissible movement of a suspect, the length of the detention, and the intrusiveness of the stop.
Under what circumstances may race be considered in determining reasonable suspicion? Is racial profiling ever justitied?
How are profiles developed? Do courts give particular weight to profiles in determining reasonable suspicion?
5. What is the standard adopted by courts to determine whether the police were justified in relying on an informant's tip to determine reasonable suspicion?
4.What are some of the factors that a police officer may consider in determining whether there is reasonable suspicion to stop an individual?
3.Discuss the role of reasonableness, objectivity, experience, expertise, probability, and the totality of the circumstances in the determination of reasonable suspicion.
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