Crj 123: These are meant to be short essay questions. Answers should be approximately 1-1/2 pages. You need to answer a total of five questions worth 10 points each. Please do not attempt to write a novel and double-space your answers. These questions are designed to test your ability to quickly zero in on the key points and to give you a chance to relate the information to your own views.
The question must be typed using normal (12 pt.) font and margins. These are essay questions so I expect appropriate use of full sentences and paragraphs. Up to 10% of your exam grade can be deducted for excessive grammatical errors or errors that interfere with the ability of the reader to understand your arguments. Proofread and edit your papers! In addition, answers should cite to your sources of information. The exam is based on the reading materials from the course and discussion threads. Although you may use outside sources if you wish, they are not required. This is a take-home assignment. This means that you may make full use of your readings and materials. This is not, however, a group project. The assignments must be completed individually. Essays are due on Thursday, August 13 by 11:59 pm. Submit them as a Word doc to the assignment dropbox in Canvas. Answer one of the following questions (worth 10 points).
1. Which of the cases interpreting Katz do you most agree with and why? Support your answer with facts from the case.
2. Which of the cases interpreting Katz do you most disagree with and why? Support your answer with facts from the case. Answer two of the following questions (worth 10 points).
3. Address the hypotheticals raised in Note 11 on page 183 (see second full paragraph). Would you find sufficient probable cause for the search for an atomic bomb? The search for a stash of cocaine? Do you believe the existence of probable cause should be based on a sliding scale depending on the seriousness of the crime as suggested in the Note? Why or why not?
4. Identify and describe two of the search warrant exceptions we have studied this semester. Of the two, which one do you believe has most benefitted law enforcement officers? Support your answer.
5. Identify some of the factors that should be considered in determining if consent to search was given voluntarily. Do you believe that defendants should be warned of their right to refuse consent to search (similar to Miranda warnings)? Why or why not?
6. Suppose that a police officer, based on his or her personal observations, reasonably suspects (but lacks probable cause to believe) that a customer in a store is about to shoplift some merchandise. Under Terry v. Ohio, may the officer briefly detain the customer for questioning? May the officer pat down the suspected shoplifter? Support your answer. In answering this question, think of the original basis of Terry compared to the broader interpretation of the ruling in later cases. Answer one of the following questions (worth 10 points).
7. Under Berkermer v. McCarty, how does the U.S. Supreme Court define custody for purposes of “custodial interrogation”? Based on your readings, do you agree with this definition? If not, how would you determine when someone is in custody?
8. What does it mean when we say defense attorneys are required to zealously represent their clients? Based on the readings and threaded discussions, what, if any, limitations would you put on what attorneys can or cannot do when defending their clients? Support your answer.
9. In the case of Strickland v. Washington, evaluate the decisions that the defense counsel made in that case. If you were Strickland’s defense counsel, which decisions would you have followed and what, if anything, would you have done differently? Do you agree or disagree with the U.S. Supreme Court’s decision in this case? Support your answer (do not forget to include page numbers for any verbatim or closely paraphrased quotes).
10. Based on the materials in the readings, what do you see as the most problematic issues with eyewitness identifications, both pretrial and in the courtroom?
Design a system that corrects for these problems. Include rules for admitting both pretrial and in-court room identifications into evidence at trial. Support your answer. Answer the following question (worth 10 points). 11. Of all of the cases we have studied this semester (you may include note cases here), which one do you most agree with and why. Do not use a case you used in questions 1 or 2.
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