Question
Questions 1- 4 are based on the following facts: After deciding to rob a bank and arming himself, Don Dastardly enters the Last National Bank
Questions 1- 4 are based on the following facts:
After deciding to rob a bank and arming himself, Don Dastardly enters the Last National Bank alone. Dastardly attempted to murder the teller because the teller screamed upon seeing his gun. Dastardly fled the scene. The police are called. A witness, the ever-so-sweet-and-lovely Ms. Sweet Polly Purebred, recognized Dastardly and incredibly, she knows his cell phone number. She gives it Officer Frank Lee Fearless. Officer Fearless telephones the number and Dastardly answers and identifies himself. Without ever advising Dastardly of his Miranda rights, Officer Fearless launches into a lengthy interrogation of Dastardly. Dastardly eventually confesses to committing the crimes.
Bank robbery is a felony and a federal offense; robbery and attempted murder are state law felonies. A trial is held on the state law charges and results in an acquittal. This is the only lawsuit Dastardly has faced up to this point arising from this incident
1. What is the complete list of legal actions that could be brought against Dastardly at this point arising from the bank robbery?
a. State criminal case, and federal criminal case.
b. State criminal case, federal criminal case, and a civil case by the teller for damages.
c. Federal criminal case, and a civil case by the teller for damages.
d. Either a state or federal criminal case, but not both, and a civil case by the teller.
ANSWER: ________________
2. What other crime(s) has Dastardly committed?
a. Outrage.
b. Conspiracy.
c. Burglary.
d. Blackmail.
e. A and D
ANSWER: ________________
3. After being acquitted of the State charges Dastardly is prosecuted in Federal court for bank robbery. What legal doctrine is implicated when a criminal suspect is prosecuted in two different jurisdictions?
a. Fourth Amendment - protection against unreasonable search and seizure.
b. Fifth Amendment - Separate Sovereign Rule.
c. Fifth Amendment - protection against self-incrimination.
d. Sixth Amendment - right to a speedy trial.
e. B and D
ANSWER: ________________
4. Suppose that Dastardly complains that Officer Fearless violated his Miranda rights. How should the court rule?
a. Case dismissed - criminal defendants must always be advised of their Miranda rights.
b. Case dismissed - Dastardly's confession was involuntary.
c. Case proceeds - Dastardly implicitly waived his Miranda rights by answering his telephone
d. Case proceeds - Miranda does not apply because Dastardly was not in custody.
ANSWER: ________________
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