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Questions on Criminal Law
Essay Instructions:
1.Fill in the word bank
*****************************
2.John and Frank are pulled over for failing to use their signal. They ask John, the driver, for his license and order Frank, the passenger, out of the car. They pat down Frank and find 20 oxy pills in his front pocket. Frank is arrested, and immediately transported to the police station. He is given his Miranda rights and questioned and admits he possessed the drugs.
A. What argument does Frank’s attorney make to argue suppression of the drugs?
B. What would Frank’s attorney argue to have the statement suppressed?
C. What would the DA argue to allow both in at trial?
3. Meanwhile, the police ask John to search his car. John says sure. The police look under the seat and find a gun. They ask John “why are you carrying around a gun”? John says” I never leave home without it.” At the precinct, John says he wants to talk to his lawyer. The police put John and Frank in a cell together and listen to their conversation where they talk about how their plan to sell the drugs got busted.
A. What would John’s attorney argue to have the gun suppress?
B. Do you think the statment “I never leave home without it” is admissible? Why or why not
C. Can the conversation between John and Frank be used against them at trial? Why or why not?
Essay Sample Content Preview:
Criminal Law Final
Fill in the Blank (50 points)
1. Following the initial appearance, in some cases the defendant will be detained until trial unless he or she can post ________________Bail_______
.2. The type of jury that determines whether the prosecution has established probable cause that the defendant committed the crime in question is called a _______Grand jury___________________
.3.A _______Plea bargain_________________ occurs when the prosecution and the defense work out an agreement that resolves the case with the defendant admitting guilt and the case does not go to trial.
4.If a defendant waives his or her right to a jury trial, a ______Bench____________trial takes place in which the judge decides questions of law and fact.
5.To obtain a guilty verdict, the prosecution must prove that the defendant is guilty beyond a ____________Reasonable doubt________________
6.The process by which the prosecution and defense choose a jury is called _______Voir dire____________(2 words)
7.Evidence will not be admitted into a criminal trial unless it is relevant and does not unfairly _____prejudice_____________the jury against the defendant.
8.________Direct_____________examination takes places when, for example, the prosecution questions those witnesses that it has called to strengthen its case
.9. __________Cross_________________-examination takes place when, for example, defense attorneys question those witnesses that have been called to the stand by the prosecution.
10.If a defendant is convicted, she or he has the option of filing an ______appeal___________claiming that the trial court acted improperly on a question of law during the proceedings.
11. The U.S. _________Constitution___________________is the supreme law of the United States.
12 .A ________felony ______________is a serious crime punishable by more than a year in prison or the death penalty
13. A person found guilty of a ____________misdemeanor__________________ will spend less than a year in jail or pay a fine.
14.Defendants may claim that they were justified in committing a crime because they were acting in ________self-defense__________________ to protect themself from serious bodily harm.
15.___________Entrapment______________occurs when a government agent deceives a defendant into committing a crime by offering inducements
16..The Fourth Amendment requires ___________probable cause__________________ that a crime has been or will be committed before a search warrant can be issued.
17 .Judges rely on the _____________Miranda_________________ rule to keep evidence that has been improperly obtained by the police out of criminal courts.
18. .Law enforcement agents do not need a judge’s prior approval to conduct a search if the subject of the search gives her or his __________consent___________________
19. .A police officer can “stop” a suspect if the officer has a __________reasonable suspicion________________ that a criminal act is taking place or is about to take place.
20. Following a stop, a police officer may _____frisk__________ the suspect for weapons as a protective measure.
21.An arrest occurs when a law enforcement officer takes a suspect into _______custody____________ on a criminal charge
22. .If a police officer has prior knowledge of a suspect’s criminal activity, he or she must obtain a _________warrant__________ from a judge or magistrate before arresting the suspect
23. .A suspect can _________waive_____________ her or his Miranda rights, but this must be done “knowingly and intentionally.
24. The Sixth Amendment states that every person accused of a crime in the United States has a right to the assistance of _______counsel___________________.
25. One type of ID procedure that police use to identify subjects is called ______lineup____________
Base the following on the below fact pattern. The answers are also part of the word bank
One day George and Tim decide that they want to see what would happen if they threw a turkey over a freeway highway overpass during traffic. Timmy buys the turkey. George and Timmy drive to a nearby overpass and get out of the car with the turkey. Timmy tells George that he doesn’t think this would be fun anymore and wants to go home and cook the turkey. George drops the turkey. It smashes into the windshield of a small car, killing the driver, an elderly woman. Both are arrested.
26. They appear at the first court date which is called the _________arraignment_______________
27. George was brought to court in handcuffs after spending the night in jail. Timmy has given a paper directing him to come to court a different day. This is called a ____________desk appearance ticket__________________
28. They both state they cannot afford an attorney. The fact that Legal Aid can only be assigned to one client is because there exists a ___________conflict of interest_________________ for Legal Aid to represent co-defendants.
29. The right that everyone is entitled to an attorney was decided in the court case of _____Gideon____________ v. Wainwright.
30. Timmy goes to speak to a private attorney and tells him what happened. The attorney cannot divulge what Timmy tells him because of the attorney/client ________privilege________________
31. The DA serves notice under CPL Section _______710.30___________ that George made a statement stating both of them planned the crime.
32. That notice had to be served within ___15____days after arraignment.
33. Timmy tries to argue the defense of _______renunciation_________ but will not be successful because he did not try to stop the crime.
34. George’s attorney says his client is not guilty because he did not intend to hurt anyone. The prosecutor rejects this by saying that the defendants acted with this intent; _______reckless__________
35. Timmy is upset that both cases are together and his attorney tells him not to worry they will ask to have the cases _______severed_________________
36. George wants to see what evidence they have against him so his attorney shows him all the evidence he received from the DA called ________discovery_____________________
37. George asks how long before the DA is required to be ready for trial and his attorney tells him they have ________6 months________ to be ready since it is a felony
38.They are getting scared. Tim takes a plea and his case is adjourned and the judge orders this report called a ________________presentence report___________________
39. George on the other han...
Fill in the Blank (50 points)
1. Following the initial appearance, in some cases the defendant will be detained until trial unless he or she can post ________________Bail_______
.2. The type of jury that determines whether the prosecution has established probable cause that the defendant committed the crime in question is called a _______Grand jury___________________
.3.A _______Plea bargain_________________ occurs when the prosecution and the defense work out an agreement that resolves the case with the defendant admitting guilt and the case does not go to trial.
4.If a defendant waives his or her right to a jury trial, a ______Bench____________trial takes place in which the judge decides questions of law and fact.
5.To obtain a guilty verdict, the prosecution must prove that the defendant is guilty beyond a ____________Reasonable doubt________________
6.The process by which the prosecution and defense choose a jury is called _______Voir dire____________(2 words)
7.Evidence will not be admitted into a criminal trial unless it is relevant and does not unfairly _____prejudice_____________the jury against the defendant.
8.________Direct_____________examination takes places when, for example, the prosecution questions those witnesses that it has called to strengthen its case
.9. __________Cross_________________-examination takes place when, for example, defense attorneys question those witnesses that have been called to the stand by the prosecution.
10.If a defendant is convicted, she or he has the option of filing an ______appeal___________claiming that the trial court acted improperly on a question of law during the proceedings.
11. The U.S. _________Constitution___________________is the supreme law of the United States.
12 .A ________felony ______________is a serious crime punishable by more than a year in prison or the death penalty
13. A person found guilty of a ____________misdemeanor__________________ will spend less than a year in jail or pay a fine.
14.Defendants may claim that they were justified in committing a crime because they were acting in ________self-defense__________________ to protect themself from serious bodily harm.
15.___________Entrapment______________occurs when a government agent deceives a defendant into committing a crime by offering inducements
16..The Fourth Amendment requires ___________probable cause__________________ that a crime has been or will be committed before a search warrant can be issued.
17 .Judges rely on the _____________Miranda_________________ rule to keep evidence that has been improperly obtained by the police out of criminal courts.
18. .Law enforcement agents do not need a judge’s prior approval to conduct a search if the subject of the search gives her or his __________consent___________________
19. .A police officer can “stop” a suspect if the officer has a __________reasonable suspicion________________ that a criminal act is taking place or is about to take place.
20. Following a stop, a police officer may _____frisk__________ the suspect for weapons as a protective measure.
21.An arrest occurs when a law enforcement officer takes a suspect into _______custody____________ on a criminal charge
22. .If a police officer has prior knowledge of a suspect’s criminal activity, he or she must obtain a _________warrant__________ from a judge or magistrate before arresting the suspect
23. .A suspect can _________waive_____________ her or his Miranda rights, but this must be done “knowingly and intentionally.
24. The Sixth Amendment states that every person accused of a crime in the United States has a right to the assistance of _______counsel___________________.
25. One type of ID procedure that police use to identify subjects is called ______lineup____________
Base the following on the below fact pattern. The answers are also part of the word bank
One day George and Tim decide that they want to see what would happen if they threw a turkey over a freeway highway overpass during traffic. Timmy buys the turkey. George and Timmy drive to a nearby overpass and get out of the car with the turkey. Timmy tells George that he doesn’t think this would be fun anymore and wants to go home and cook the turkey. George drops the turkey. It smashes into the windshield of a small car, killing the driver, an elderly woman. Both are arrested.
26. They appear at the first court date which is called the _________arraignment_______________
27. George was brought to court in handcuffs after spending the night in jail. Timmy has given a paper directing him to come to court a different day. This is called a ____________desk appearance ticket__________________
28. They both state they cannot afford an attorney. The fact that Legal Aid can only be assigned to one client is because there exists a ___________conflict of interest_________________ for Legal Aid to represent co-defendants.
29. The right that everyone is entitled to an attorney was decided in the court case of _____Gideon____________ v. Wainwright.
30. Timmy goes to speak to a private attorney and tells him what happened. The attorney cannot divulge what Timmy tells him because of the attorney/client ________privilege________________
31. The DA serves notice under CPL Section _______710.30___________ that George made a statement stating both of them planned the crime.
32. That notice had to be served within ___15____days after arraignment.
33. Timmy tries to argue the defense of _______renunciation_________ but will not be successful because he did not try to stop the crime.
34. George’s attorney says his client is not guilty because he did not intend to hurt anyone. The prosecutor rejects this by saying that the defendants acted with this intent; _______reckless__________
35. Timmy is upset that both cases are together and his attorney tells him not to worry they will ask to have the cases _______severed_________________
36. George wants to see what evidence they have against him so his attorney shows him all the evidence he received from the DA called ________discovery_____________________
37. George asks how long before the DA is required to be ready for trial and his attorney tells him they have ________6 months________ to be ready since it is a felony
38.They are getting scared. Tim takes a plea and his case is adjourned and the judge orders this report called a ________________presentence report___________________
39. George on the other han...
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