Module 1 assignment
Read Chapter Three and the lecture notes and then answer the questions below. This assignment will fulfill Module Outcomes (1) and (2) and Course Outcome (1). It will also fulfill the General Education competency of using critical thinking to analyze problems and make logical decisions.
As with all reading assignments, you must retype the question and then type your answer.
- Where in the US Constitution does the Congress derive its power to create inferior federal courts?
- Provide an example of a crime that could be tried in both state and federal court.
- What are some prerequisites for a federal court to have jurisdiction over a case?
- Besides geographic jurisdiction (i.e. venue), what other types of jurisdiction must a court have in order to exercise its power over a case?
- Describe the difference between limited and general jurisdiction.
- Describe the difference between original and appellate jurisdiction.
- Since there is no jury during an appellate court proceeding, upon what sources do the appellate justices rely to render their decision?
- What type of issue must be present in a state court case in order for that case to be reviewed by the US Supreme Court?
- What is a writ of certiorari?
- What is meant by the phrase, “Rule of Four?”
Module 2
Read Chapter Six and the Lecture Notes then answer the following questions. This assignment will assist students in obtaining mastery of Module Outcomes (1) through (3) and Course Outcome (2). It will also fulfill the General Education competency of using critical thinking to analyze problems and make logical decisions.
• As with all reading assignments, you must retype and number the question and then type your answer. Provide detail information.
- When may the police arrest a suspect without a warrant?
- What does it mean to say probable cause is an issue of law?
- Since 1968, what level of suspicion is necessary to detain an individual?
- Describe the “Carroll Doctrine.”
- What impact did the US Supreme Court case of Arizona v. Gant have on vehicle searches?
- Which US Supreme Court case created the exclusionary rule?
- What are the actual Miranda warnings?
- What are the two prerequisites for having to give Miranda warnings?
- Which US Supreme Court case, prior to Miranda, made it a requirement for the police to inform a suspect they have the right to have an attorney present during interrogation?
- What effect does failing to give Miranda warnings have on the legality of the underlying arrest?
This assignment fulfills/supports
Module 3
Read Chapter Seven and the Lecture Notes then answer the following questions. This assignment will assist students in obtaining mastery of Module Outcomes (1) through (3) and Course Outcome (2). It will also fulfill the General Education competency of using critical thinking to analyze problems and make logical decisions.
Re-write the questions and provide answers.
- What factors should a judge consider when trying to determine if a confession was voluntary?
- Can a confession that was suppressed because of Miranda warning violation ever be used against the defendant at trial?
- What test do the courts use to determine whether a suspect was in custody for interrogation purposes?
- What is meant by the "public safety exception" to Miranda?
- What was the decision in the case of U.s. v. Turk (p167)?
- Even if a suspect in custody says they don't want to speak with an interrogator or says they want a lawyer, the police may still interview the suspect provided the suspect has been released from custody. How many days must a suspect be released from custody before the police may re-question him or her about the same matter?
- What are some factors the courts will look at to determine whether a person has a reasonable expectation of privacy in data stored on the hard drive that's linked to a university network?
- In what type of mail have the courts decided there is no reasonable expectation of privacy?
- How far must a jury trial progress before jeopardy attaches. In other words, how far must a trial go before a defendant can say he or she has already been tried for double jeopardy purposes?
- When will the second trial after a mistrial be prohibited by the double jeopardy clause?
This assignment fulfills/supports
• Module Outcomes 1 & 2
• Cours Outcome 2
• General Education Competency: Communicate effectively using the conventions of American Standard English in professional and academic environments, use critical thinking to analyze problems and make logical decisions, demonstrate socialization skills that support cultural awareness and a global perspective, and demonstrate computer literacy. Grading
Module 4
Introduction: Read Chapter Eight and the Lecture Notes then answer the questions below. This assignment will assist students in obtaining mastery of Module Outcomes (1) and (2) and Course Outcome (2). It will also fulfill the General Education competency of using critical thinking to analyze problems and make logical decisions.
As with all reading assignments, you must retype the question and then type your answer.
Questions:
- After arrest, what is the first official process an arrestee goes through and what occurs during that process?
- What are some alternatives to bail?
- If an arrested person is unable to post bail, how soon after arrest must they be brought before a judge or magistrate?
- List three characteristics of a preliminary hearing.
- List three differences between a preliminary hearing and a grand jury proceeding.
- What occurs at the arraignment?
- What are some possible pleas the defendant can enter at their arraignment?
- Under the federal Speedy Trial Act, how much time can elapse between indictment and arraignment?
- What is the difference between a challenge for cause and a peremptory challenge?
- What is the name of the jury instruction given by a judge to avoid a hung jury?
The assignment fulfills/supports
• Module Outcome: 1 & 2
• Course Outcome: 2
• General Education Competency: Communicate effectively using the conventions of American Standard English in professional and academic environments, use critical thinking to analyze problems and make logical decisions, demonstrate, socialization skills that support cultural awareness and a global perspective, and demonstrate computer literacy.
Module 5
Introduction: Read Chapter Nine and Lecture Notes then answer the questions below. This assignment will assist students in obtaining mastery of the following Module (1) and (2) Outcomes and Course Outcome (2). It will also fulfill the General Education competency of using critical thinking to analyze problems and make logical decisions.
As with all reading assignments, you must retype the question and then type your answer.
Questions:
- What information does a pre-sentence investigation contain?
- Prior to the 70s and 80s, how would you describe the amount of discretion judges had when fashioning sentences for defendants?
- What was the most widely used type of sentence during the early part of the 20th century?
- What goal did judges and parole boards hope to achieve through the use of indeterminate sentences?
- What was a major criticism of indeterminate sentences?
- What step was taken to remedy the problems associated with indeterminate sentences?
- What is another example of a law that limits sentencing discretion?
- Describe the difference between concurrent and consecutive sentences.
- What landmark US Supreme Court case dramatically changed the steps required to impose the death penalty?
- List at least three requirements for imposing the death penalty that grew out of the Furman case.
Module 6
• (1) Opening Statement Fact Pattern "State v. Forrest," and
• (2) Opening Statement - Your First Two Minutes During Opening Statement.
• (3) Prepare an opening statement for either the prosecution or the defense based on the fact pattern from the case of "State v. Forrest" (below) and
• (4) Prepare a minimum of ten cross-examination questions. The cross-examination questions should be written from the perspective of the prosecutor cross-examining the defendant, i.e. - the man who shot his dad.
Module 7
Introduction: For your special activity, watch both videos (Resources folder). This is where you will upload your two minute video presentation of your opening statement.
• (1) Use Opening Statement Fact Pattern "State v. Forrest," and
• (2) Opening Statement - Your First Two Minutes During Opening Statement.
• (3) Prepare an opening statement for either the prosecution or the defense based on the fact pattern from the case of "State v. Forrest."
This special project fulfills/supports:
• Module outcomes (1) & (2)
• Course Outcome (2).
• General Education Competency: Communicate effectively using the conventions of American Standard English in professional and academic environments, use critical thinking to analyze problems and make logical decisions, demonstrate socialization skills that support cultural awareness and a global perspective, and demonstrate computer literacy.