1: 10 multiple choice answers?2: an essay involving the Provo Dyke Road?3: an essay involving both the 5thand 6thAmendments about Officer Ludhaund. 4: two essays, each involving different amendments, using facts from a movie you choose.
If you can=t make that date and time, or don't want to come to campus then you may submit electronically as a PDF document as an attachment to a CANVAS email BEFORE that time.
Multiple Choice Section (Part I) (two points, eachB20 POINTS TOTAL)
1. The Miranda decision was unusual for scholars and the attorneys who briefed and argued the case because:
a. the decision was completed in record timeBthey expected the ruling to take much longer to brief and announce.
b. they had all argued the case with sixth amendment principles and precedent but the court asked for re-briefing and relied upon the fifth amendment, instead.
c. the case announced a rule that, if generally followed by consideration of the totality of the circumstances, would allow introduction of statements made during interrogation but, still, convictions in three of the four cases were overturned.
d. the California Supreme Court was actually overturned!
2. Even if AMiranda@ warnings are not given the answer to a police officer=s question to a man in custody might be admitted if
a. the questions are reasonably related to an immediate concern for public safety
b. the need for answers to the questions outweighs the need to protect the rule against self-incrimination.
c. viewed subjectively the officer took advantage of the danger to skip formal AMiranda@ requirements.
d. viewed objectively a reasonable officer would have been concerned for public safety. e. a, b and d?f. a and c?g. a, b and c
3. The critical question in determining, under the 5thAmendment, if statements made during a police interrogation should be used as evidence is:
a. whether the questioning can be called a critical stage of the prosecution.
b. whether there is a rational basis for the questions being asked.
c. whether there is independent corroboration of the statements with other evidence.
d. whether the statements were produced by unfair government intimidation resulting from the circumstances and nature of the interrogation.
4. Congress passed a law that softened the impact of the required AMiranda@ warnings. The statute, which was intended to apply in federal court prosecutions was:
a. overturned as an attempt to undermine a constitutional remedy imposed by the Court.
b. sustained and still applicable today in those jurisdictions.
c. overturned because the Fifth Amendment has not yet been held to apply to the District of Columbia by the Fourteenth Amendment.
d. sustained because the Fourteenth Amendment only applies to states.
5. Statements made to a police agent or informant without the presence of counsel under the Sixth Amendment:
a. may not be admitted unless a verbatim recording is kept of the interview.
b. were suppressed in Massiah v. United States because the questioning was a critical stage of the investigation as it had shifted from investigatory to accusatory.
c. were not suppressed in Massiah v. United States because no charges had been filed.
d. can be admitted if consent is established by a totality of the circumstances under Dickerson v. US.
6. Although interrogation without an attorney present about a charge which has been filed is prohibited by the Sixth Amendment , questioning about a different offense which has not been charged is not prohibited by either the Fifth or the Sixth Amendments:
a. if the suspect is given his Miranda rights and knowingly waives the rights.
b. questions are not asked which are objectively expected to incriminate the defendant..
c. the suspect is no longer in custody when the questioning takes place.
d. b and c?e. a and/or c?g. none of the above.
7. When an interrogating officer lies to the subject during questioning:
a. any responses are automatically suppressed.
b. the deception is weighed with the totality of the circumstances to determine if the statements resulted from government intimidation and coercion.
c. responses are not suppressed because the jury can still decide if the subject also lied.
d. responses are only suppressed if the lie had a Aring of truth@ to it.
8. A defendant who is compelled to participate in a physical (not a photo) lineup before charges are filed must have counsel to assist him because of the:
a. Fourth Amendment exclusionary rule.?Page 2 of 8
b. Fifth Amendment protection against self incrimination.
c. Sixth Amendment guarantee of the assistance of counsel at critical phases of the case.
d. Eight Amendment protection against cruel and unjust treatment.
9. In Utah when eyewitness identification is critical to a criminal case:
a. the prosecution is in trouble because eyewitness testimony is inherently false.
b. the case must be dismissed unless the police have either conducted a photo lineup or a physical line-up involving the defendant.
c. the case may be decided without further hearing if the Court finds at a pre-trial hearing, beyond a reasonable doubt, that the identification is reliable.
d. a jury must be warned that eyewitness testimony is inherently unreliable.
10. When a capital offense is committed by a person under the age of 18 or by an older person who is developmentally disabled (mentally retarded):
a. the death penalty can be imposed.
b. the death penalty may not be imposed.
c. the death penalty may not be imposed until the defendant=s chronological or mental age exceeds 18.
d. the death penalty may only be imposed in states where such executions have occurred in the past.
Section A
Assuming you are the trial judge, how would you rule on the motion to suppress?
Using the cases and principles from our studies, explain why the evidence should or should not be suppressed. You should identify the principle issue under each of the two amendments and give me a separate IFLACBor at least an ILAC (without re-stating all the facts) for each.
Section B
Going through the mechanics, getting an IFLAC on paper and turning it in on time is worthy of a C. Showing me that you really get it and thoroughly wrestling with the facts is the way to earn an A.
Choose any two of the following principles (A through M) to analyze and discuss in your essay although your two issues must come from different amendments. .
(First Amendment)
A. Establishment of Religion
B. Public Forum/Regulation of Speech ?
(Second Amendment)
C. Right to Bear Arms
(Fourth Amendment)
. D Search warrants including the determination of probable cause and credibility of informants.
. E Warrantless searches including the doctrines of inventory search and inevitable discovery.
. F Plain View and/or plain smell doctrine
. G Warrantless arrest and detention including the Utah doctrine of level 1,2 and 3 detentions
. H Electronic surveillance including bugs, wiretap, tracker devices and pen register/trap and trace equipment.
. I Exclusionary Rule including the good faith exception ?(Fifth Amendment)
. J Interrogation (don=t confuse the Fifth Amendment rule with the Sixth Amendment approach!)
(Sixth Amendment)?L Interrogation (See J, above! Keep them straight!) M Pre-trial identification
Suggested Movies: Minority Report; Rush Hour, Beverly Hills Cop (I, II or III); Dirty Harry (or any of the ADirty Harry@ sequels); In the Line of Fire; Bullitt; To Kill a Mockingbird; The Thomas Crown Affair (original or remake); Ransom; Enemy of the State; Fargo; Lethal Weapon (1,2,3,4 or whatever); The French Connection; The Blue Knight; The Bourne Identity or The Bourne Supremacy (assume all the action occurred in the USA); After the Sunset (again, assume the action occurred in the USA); or any other cop/robber genre movie.
If nothing else, you will now understand why judges and criminal lawyers have a hard time watching and enjoying most of these movies!
It has been a genuine pleasure to spend this term with you. Thank you for coming and for your diligent work!
Attachment:- cj_4160.rar