CRMJ 410 Week 5 Assignment NEW
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CRMJ 410 Week 5 Assignment NEW
Chapter 15: Search and Seizure
Text: Questions for Thought and Discussion: 1, 6, 8
1. Today many security personnel are “private police,” yet Fourth Amendment protection has been extended only to those searches conducted by government officials. What arguments can be made for and against expanding the prohibitions of the Fourth Amendment to include security personnel?
6. What is the rationale for excluding from trial evidence obtained in violation of the Fourth Amendment? Is this a compelling justification for the exclusion of criminal evidence from the trial of a defendant accused of a serious felony such as aggravated battery?
8. The Supreme Court has created a “good-faith” exception to the exclusionary rule where police rely on a search warrant that is later held to be invalid because the magistrate erred in finding probable cause for a search. Should the good-faith exception be extended to cases where police acting in good faith conduct warrantless searches that are later held to be unlawful?
Chapter 16: Arrest, Interrogation, and Identification Procedures
Questions for Thought and Discussion 1, 4, 9
1. Practically speaking, what is the difference between “probable cause” and “reasonable suspicion”? How long can police detain a suspect based on reasonable suspicion?
4. In the Miranda case, the Supreme Court released a convicted rapist to impose a requirement that police advise suspects of their constitutional rights before conducting interrogations. Was the Court’s decision a wise one? What has been the impact of the Miranda decision on law enforcement?
9. Are the courts correct in limiting the scope of the Fifth Amendment Self- Incrimination Clause to verbal statements so that there is no constitutional protection against compulsory police identification procedures? What would be the implications for law enforcement if the courts included physical evidence like fingerprints or handwriting samples within the scope of the Fifth Amendment privilege?
Problems for Discussion and Solution: 2
2. A police officer on night patrol saw a car parked off a dirt road in an area known to be a “lovers’ lane.” As his cruiser approached the car, he observed a male and a female sitting inside. He noticed the male occupant make a movement that the officer interpreted as an attempt to hide something under the seat. The officer approached the vehicle and directed the occupants to get out. As they did, he observed a marijuana “roach” in the open ashtray. The officer then reached under the front seat and retrieved a small quantity of marijuana. The officer placed both individuals under arrest. In court, the officer admitted that he was not concerned for his safety but simply had a “hunch” that the couple could be “doing drugs.” Did the officer make a legal arrest? Why or why not?
Chapter 17: The Pretrial Process
Questions for Thought and Discussion: 1, 9, 11
1. Have the courts gone too far or not far enough in requiring that indigent defendants be represented by counsel at public expense?
9. Compare the advantages and disadvantages to the defendant of insisting on the right to a speedy trial
11. Does the grand jury still play a viable role in the criminal justice system? Are the criticisms of the grand jury valid? Why or why not?