LEGAL ASPECT DISCUSSIONS on cover various procedural aspects of our criminal justice system including due process rights, jurisdiction, discovery – Custom Essay Services

Chapters 1 and 2 cover various procedural aspects of our criminal justice system including due process rights, jurisdiction, discovery, and various other legal considerations and requirements from arrest through conviction and appeal. There are many legal issues that may arise in a single case. How the United States legal system addresses each of these issues can affect the outcome of a trial and ultimately whether justice is served. Review each of the short articles reporting issues arising from the prosecution of a Philip Chism, a teen accused of brutally murdering his teacher, and answer the following questions. Discuss your answers with other students.

 

Motion to suppress evidence: Judge Denies Tossing Evidence in Chism Trial

 

Change of venue: Chism Lawyers Seek Change of Venue

 

Pleas and plea bargains: Teen Charged in Teacher Slaying May Use Insanity Defense

 

Appeal: Chism Lawyers Appeal Release of Police Interrogation

 

Public and open trial: Judge: Public Can See Questioning of Teen Accused of Killing Teacher

 

1. Should the judge in this case consider the defense’s motion to suppress the confession made by the teen to police?

 

2. What is the purpose of excluding evidence from a trial thus not allowing a jury to ever hear or consider evidence that may incriminate a defendant?

 

3. Defense lawyers for Chism sought to keep his video confession to police sealed before trial. The trial judge denied their motion and the defense has appealed that decision. Should Chism’s confession remain hidden from public view before trial or does the public have a right to see it?

 

4. Should Chism’s attorneys be allowed to use the insanity defense to protect their client? In our legal system, a defendant is presumed innocent until proven guilty. Is a defendant presumed sane until proven insane?

 

5. Lawyers for Chism have argued that news coverage has violated his right to a fair trial and therefore have requested the trial be moved. Should the judge grant this motion? Does media coverage and public display of evidence affect the ability to receive a trial from a fair and impartial jury?

 

Lesson 2 Discussion Board

On May 17, 2015, a shootout between rival biker gangs occurred at Twin Peaks in Waco, Texas. At least 177 bikers were arrested that day and charged with Engaging in Organized Criminal Activity.

 

9 dead, dozens injured in biker gang shooting at local restaurant

 

Organized crime charges filed against 170 motorcycle gang members after Texas shootout

 

Waco Biker Brawl: Man Charged After Deadly Shooting Calls Arrests ‘a Sham”

 

Probable cause is determined by facts and circumstances which would cause a reasonable person to believe a crime has been committed and that a particular person committed that crime.

 

1. Based on the interview with the couple in the story above, do you believe probable existed for their arrest?

 

2. Can a person be arrested just for being a member of a criminal gang? Is membership in a criminal gang alone probable cause for an arrest?

 

3. Is presence at a crime scene alone probable cause for an arrest?

 

Lesson 3 Discussion Board

Knock-and-announce vs. No-Knock Search Warrants

 

Debate the police use of force in executing search warrants coming down to an analysis of two classifications of entry into a residence or building. Follow the links below and discuss the following questions.

 

Legal Information Institute: Knock and Announce Rule

 

Legal Information Institute: No-Knock Warrant

 

Legal Information Institute: United States v. Banks

 

1. Based on the definition of “No-Knock” warrants and “Knock-and-announce” warrants, explain the pros and cons of each type of entry.

 

2. Which type of entry allows force to be used? “No-Knock” or” Knock-and-announce”?

 

3. In the case of United States v. Banks, how much time was Banks given to come to the door?

 

4. What was the Supreme Court’s ruling on the amount of time given by police for Banks to come to the door?

 

5. Based on what you have learned about search warrant entries, what is the fundamental difference between a “No-Knock” warrant and a “Knock-and-announce” warrant?

 

Lesson 4 Discussion Board

Review the articles in the links below to answer the questions for this assignment.

 

Can the Police Set Up Roadblocks for Any Reason?

 

ILLINOIS v. LIDSTER

 

Court approves ‘informational’ police stop

 

1. Based on information provided can police use roadblocks for any reason, any time?

 

2. In Illinois v. Lidster, what was the purpose of the police roadblock?

 

3. Can police use roadblocks for sobriety checkpoints?

 

4. Can police use a roadblock to check for narcotics by allowing a narcotics dog to sniff around the outside of a car?

 

5. Based on decisions by the Supreme Court on roadblocks, could police use a roadblock or a checkpoint near a prison to search for escaped convicts?

 

6. Do you believe police should have more or less flexibility in setting up and conducting vehicle checkpoints?

 

Lesson 5 Discussion Board

Watch the video and examine the chart in the following links.

 

Eyewitness Misidentification

 

The Causes of Wrongful Conviction

 

1. According to the chart on “Contributing Causes of Wrongful Convictions,” how many people have been exonerated through DNA testing?

 

2. How many of those wrongful convictions were based on faulty eyewitness identification?

 

3. Explain what “double blind administration” of lineups means.

 

4. Can you think of any other professions or fields of study that uses a “double blind” procedure?

 

5. When a person is wrongfully convicted, it also means the real perpetrator has not been brought to justice. If DNA can free or prevent hundreds or thousands of people from being wrongfully convicted, would you support a national DNA database for the purpose of solving crimes? Would you feel comfortable being a part of that database?

 

Lesson 6 Discussion Board

 

Ernesto Miranda is killed; namesake of police warning

 

Miranda v. Arizona

 

1. What two things must happen before police are required to advice someone of the Miranda warning?

 

2. What was Ernesto Miranda originally charged with when he was arrested by police and interrogated? Was Ernesto Miranda ever sentenced to prison for his original charge?

 

3. According to the 1976 newspaper article, Ernesto Miranda was stabbed to death in a bar and a suspect was arrested. Did Miranda’s killer enjoy Miranda rights when he was arrested?

 

4. Do you believe the Miranda warning has made the ability of the police to obtain a confession from a suspect almost impossible?

 

Lesson 7 Discussion Board

Read the information about police misconduct and civil rights and the story about the lawsuit filed against the Detroit police for civil rights violations.

 

Police Misconduct and Civil Rights

 

Oakland University student, friend accuse Detroit police of civil rights violations over video recording arrest

 

1. Are police liable for violating your civil rights if their actions are negligent or is there an intentional act required?

 

2. According to the FindLaw U.S. Code, Section 1983, what are the three most common claims brought against police officers?

 

3. In the Oakland University incident, do you believe there is enough evidence to file a 1983 civil rights lawsuit against the Detroit police, and do you believe there is enough evidence to prevail.

 

4. What are the things that must be shown to win a lawsuit for malicious prosecution? Does the fact that Malinowski entered into a plea agreement and accepted probation affect his claim?

 

5. Do you believe citizens should be arrested for videotaping police?

 

Lesson 8 Discussion Board

Follow the links to the CNN website reporting on the expiration of the Patriot Act. Read the articles and watch the related videos.

 

Patriot Act provisions have expired: What happens now?

 

Lynch joins Obama in prodding Senate over NSA powers

 

1. According to the article, what three counter terrorism tools does the U.S. lose without the Patriot Act?

 

2. The National Security Agency (NSA) was collecting and storing bulk metadata on millions of Americans. If the NSA no longer collects this data and the data is not collected and stored by any other entity, will the U.S. be able to conduct historical research on the phone records of a terrorist who is captured in the future?

 

3. What is meant by metadata? Does it mean the NSA can read your text messages and emails?

 

4. Does President Obama’s attorney general think the loss of current powers makes America less safe?

 

5. Why would both President Bush and President Obama support the same provisions of the Patriot if those provisions violate the privacy rights of millions of Americans?