05 Feb after: Direct Examination

JADM340 Criminal Evidence Week 1 Discussion DQ1 RULES OF EVIDENCE While all of the States have rules of evidence, each is tailored to the states’ own needs or approaches. Do you think there should be a single, unified approach to the rules of evidence employed by all of the states? Why or why not? DQ2 ELEMENTS OF A TRIAL AND APPEAL Why do you think that the prosecution might include facts that are irrelevant to the case-in-chief during the opening statement? JADM340 Criminal Evidence Week 2 Discussion DQ1 DIRECT AND CIRCUMSTANTIAL EVIDENCE Differentiate between circumstantial and direct evidence, explaining the role of presumption. How would you categorize the following and why? 1) prima facie evidence; 2) DNA evidence; 3) eyewitness testimony; 4) fingerprint evidence; and, 5) bullets removed from a victim’s body. DQ2 SEARCH WARRANTS Discuss the search warrant (see link below) issued in the case of Caylee Anthony in terms of probable cause, staleness and particularity. Were the items seized adequately described in the warrant? Why or why not? JADM340 Criminal Evidence Week 3 Discussion DQ1 EXCLUSIONARY RULE The Exclusionary Rule is a very important component of our constitutional protections. What is the purpose of the Exclusionary Rule and why is its validity constantly arbitrated in the courts? DQ2 WARRANTLESS SEARCHES Do you think the experience of the police officer plays a part in justifying warrantless searches? Why or why not? JADM340 Criminal Evidence Week 4 Discussion DQ1 SELF-INCRIMINATION Are the courts correct in limiting the scope of the Fifth Amendment Self-Incrimination Clause to verbal, testimonial statements so that there is no protection against compulsory police identification procedures? Why or why not? DQ2 MIRANDA WARNINGS In Miranda v. Arizona, 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? Why or why not? JADM340 Criminal Evidence Week 5 Discussion DQ1 CHILD WITNESSES Discuss the challenges associated with child witnesses in the pre-trial and trial processes. What do you think is the best criteria for determining the admissibility of a child’s testimony at trial? For some examples, read: PBS Frontline: Innocence Lost DQ2 EXPERT WITNESSES Review and discuss the cases presented in the Forensic Fraud website (Links to an external site.)Links to an external site. of alleged, admitted and/or demonstrable forensic fraud committed by “expert” witnesses. How do you think forensic fraud can be avoided in the future? JADM340 Criminal Evidence Week 6 Discussion DQ1 HEARSAY Consider this scenario: Testimony relative to a drive-by shooting/homicide is given at a grand jury proceeding by several gang members and results in the issuance of a true bill. Later, at the trial, the gang members go into hiding and are unavailable to testify for the prosecution. Can their grand jury testimony be introduced at the trial? Explain why or why not. DQ2 PRIVILEGED COMMUNICATION What is the rationale behind the marital communications privilege and the spousal testimonial privilege? How do you think these types of privileged communications can be reconciled with the search for truth in the criminal justice process? Which do you think is the most important? Why? JADM340 Criminal Evidence Week 7 Discussion DQ1 WEEK 6: COURSE PROJECT How does the focus group suggest reconciliation between the fact that the law requires consistent application, whereas science is based on constant revisions and discoveries? Consider the difference in the evaluation process between the Frye and the Daubert standards. DQ2 CYBER EVIDENCE Discuss the challenges faced in the prosecution of computer crimes. What do the articles in the link propose in answer to these challenges? Can you think of any other ways to meet these challenges? https://www.justice.gov/sites/default/files/criminal-ccips/legacy/2015/01/14/ssmanual2009.pdf (Links to an external site.)Links to an external site. JADM340 Criminal Evidence Week 1 Homework Page 25, Text: Discussion Questions 1, 3, 8. Pages 62-63, Text: Discussion Questions 2, 4, 6. Remember to submit your assignment for grading when finished. JADM340 Criminal Evidence Week 2 Homework Page 88, Text: Discussion Questions 1, 7, and 8. Page 105, Text: Discussion Questions 2, 4, and 6 Remember to submit your assignment for grading when finished. JADM340 Criminal Evidence Week 3 Homework Page 127, Text: Discussion Questions 2, 5, and 7. Page 154, Text: 1, 4, and 7. Remember to submit your assignment for grading when finished. JADM340 Criminal Evidence Week 4 Homework Page 178, Text: Discussion Questions 3, 5, 6, & 7. Remember to submit your assignment for grading when finished. JADM340 Criminal Evidence Week 5 Homework Page 201, Text; Discussion Questions 2 & 3. Page 220, Text; Discussion Questions 1, 2, & 3. Remember to submit your assignment for grading when finished. JADM340 Criminal Evidence Week 6 Homework Page 241, Text: Discussion Questions 1 & 2. Page 267, Text: Discussion Questions 3 & 4. JADM340 Criminal Evidence Week 7 Homework Page 299, Text: Discussion Questions 1, 3, & 4. Page 331, Text: Discussion Questions 1, 2, & 5. Remember to submit your assignment for grading when finished. JADM340 Criminal Evidence Week 6 Course Project Scenario Summary The Defendant is on trial for calling in a false bomb scare and for inducing a panic at the college he attends. Both the Prosecutor and the Defendant’s Defense Attorney plan on calling witnesses. They are veteran trial lawyers and have tried many criminal cases over the years. Prosecutor calls Miss Maggie to the stand Miss Maggie testifies that as she stood in the hallway of the main science building of the college, she heard a student that was walking by with another student say that a bomb had been planted somewhere in the building and it would go off at noon that day. The Prosecutor asks Miss Maggie if the person who made that statement was currently in the courtroom. Miss Maggie says nothing. Instead, she simply nods her head and points at the Defendant. Defense Counsel cross-examines Miss Maggie On cross-examination, Defense Counsel offers a prior statement given by Miss Maggie on the day in question, where Miss Maggie gave a statement to the investigating police officers called to the college. In the statement offered by Defense Counsel, Miss Maggie told the police that she did not clearly see who had made the statement about the presence of a bomb in the building referred to during Direct Examination. Defense Counsel calls Mr. Mickie to testify The prosecution rests and the Defense Counsel calls its first witness, Mr. Mickie. Mr. Mickie testifies that he was standing near Miss Maggie at the time and on the date in question. According to Mr. Mickie, Miss Maggie turned to him and told him that she had just heard a student say that a bomb had been planted somewhere in the building. Mr. Mickie also testifies that when he asked Miss Maggie which student said the bomb had been planted, she just stared wide-eyed at Mr. Mickie and slowly shook her head. Activity Evaluate whether or not each of these verbal and nonverbal statements are hearsay. Write at least a 3 page paper giving your analysis of the facts and statements, your conclusions, and the reasoning for your conclusions. Note: Use of sources outside your text are acceptable, but be sure to provided citations. Guidelines Papers must be at 3 pages in length (this would be roughly 1 page per area included in the report), 10 point font, double-spaced, include a cover page, introduction, body of the report, summary or conclusion and works cited. Even though this is not a scientific-type writing assignment, and is mostly creative in nature, references are still very important. At least 3 authoritative, outside references are required (anonymous authors or web pages are not acceptable). These should be listed on the last page titled “Works Cited”. Appropriate citations are required using APA. All DeVry University policies are in effect including the plagiarism policy. Papers are due during Week 6 of this course. Any questions about this paper may be discussed in the Course Q & A Forum. This paper is worth 100 total points and will be graded on quality of research topic, quality of paper information, use of citations, grammar and sentence structure. Remember to submit your assignment for grading when finished. Grading Rubrics Category Points Description Content 70 Accurate and clear evaluation of the statements. Thorough discussion of how you reached your conclusions including your reasoning as to why each statement constitutes hearsay, or does not constitute hearsay. Required length 5 Minimum 3 pages in length Spelling and Grammer 15 Accurate spelling and grammar Citations 10 Correct citations using APA Total 100 A quality paper will meet or exceed all of the above requirements. Best Practices The following are the best practices in preparing this paper. Cover Page – Include who you prepared the paper for, who prepared, and date. Introduction – Use a header on your paper. This will indicate you are introducing your paper. The purpose of an introduction or opening: Introduce the subject and why the subject is important. Previews the main ideas and the order in which they will be covered. Establish a tone of the document. Include in the introduction a reason for the audience to read the paper. Also, include an overview of what you are going to cover in your paper and the importance of the material. (This should include or introduce the questions you are asked to answer on each assignment.) Body of Your Report – Use a header titled with the name of your project. Example: “The Development of Hotel X – A World Class Resort”. Then proceed to break out the main ideas. State the main ideas, state major points in each idea, provide evidence. Break out each main idea you will use in the body of your paper. Show some type of division like separate sections that are labeled; separate group of paragraphs; or headers. You would include the information you found during your research and investigation. Summary and Conclusion – Summarizing is similar to paraphrasing bur presents the gist of the material in fewer words than the original. An effective summary identifies the main ideas and major support points from the body of your report. Minor details are left out. Summarize the benefits of the ideas and how the effect the tourism industry. Work Cited – Use the citation format as specified in the Syllabus. Additional hints on preparing the best possible project. Apply a three step process of writing… Plan, Write, and Complete. Prepare an outline of your research paper before you go forward. Complete a first draft and then go back to edit, evaluate, and make any changes required. Use visual communication to further clarify and support the written part of your report. Example graphs, diagrams, photographs, flowcharts, maps, drawings, animation, video clips, pictograms, Tables, and Gantt charts. JADM340 Criminal Evidence Week 3 Quiz Question 1 (TCO1) Law that defines the process of adjudication is known as: Common law Procedural law Substantive law Relevant law The Constitutional Imperative Doctrine Question 2 (TCO1) Crimes that are not naturally immoral, but whose wrongness lies in their legal prohibition are regarded as: Mala in se Mala et al Mala prohibita Mala in fregit Mala aforethought Question 3 (TCO1) Which Amendment of the U.S. Constitution protects religious freedom and freedom of speech? First Second Fourth Fifth Sixth (TCO1) Which Amendment of the U.S. Constitution precludes searches and seizures without probable cause? First Second Fourth Fifth Sixth Question 5 (TCO1) Which Amendment of the U.S. Constitution protects individuals from cruel and unusual punishment? Fifth Sixth Eighth Fourteenth None of the above Question 6 (TCO2) The Judiciary Act of 1789 was an attempt to establish a strong: State court system Federal court system Territorial court system National court system Parliamentary court system Question 7 (TCO2) Which of the following contain all manner of of evidence within the case-in-chief? Direct Real Scientific All of the above A & B only Question 8 (TCO2) Which of the following are defenses raised in a criminal trial? Insanity Necessity Duress All of the above None of the above Question 9 (TCO3) Evidence is available in many forms and may be represented by which of the following? Material objects Scientific analysis Eyewitness accounts All of the above None of the above Question 10 (TCO3) Evidence which “stands on its face” is called: Real Evidence Prima Facie Evidence Material Evidence Circumstantial Evidence Evidence Per Se Question 11 (TCO3) There are some situations that arise in the criminal courts in which the jury is instructed on what to believe and are not free to draw independent inferences. these situations are such that jurors must adopt the statement or the evidence as fact. These situations include: Presumptions Stipulations Judicial notice All of the above None of the above Question 12 (TCO3) Adjudicative facts include which of the following? Idioms Legislative history Information about the impact of extant laws Statutory interpretation None of the above Question 13 (TCO4) That standard of evidence necessary to effect the arrest of an individual or that induces the belief in the mind of a reasonable officer that the accused committed a crime: Reasonable suspicion Probable cause Beyond a reasonable doubt Beyond a scintilla of doubt Clear and convincing evidence Question 14 (TCO4) This Amendment of the U.S. Constitution provides that “…no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”: First Fourth Fifth Sixth Eighth Question 15 (TCO4) This type of warrant is extremely unique in that it is issued prior to the arrival of the evidence in a particular location: Sneak and Peak warrant No Knock warrant Antedated warrant Nighttime warrant Anticipatory warrant Question 16 Not yet graded / (TCO1)Explain the doctrine of Stare Decisis. Question 17 (TCO2)Discuss what is meant by an affirmative defense. How does an affirmative defense differ from a plea of nolo contendere? Question 18 (TCO3)Explain what types of inferences may not be drawn from circumstantial evidence. Question 19 (TCO4)Compare and contrast Sneak-and-peak Warrants from No-Knock Warrants. Give an example of each. Week 6 Quiz Question 1 (TCO4) The exclusionary Rule is one of the most controversial legal issues in criminal justice. Unlike other such rules, it is not grounded in the U.S. Constitution, but is simply a judicial remedy for violations involving which Amendment of the Constitution? First Amendment Fourth Amendment Fifth Amendment Sixth Amendment Eighth Amendment Question 2 (TCO4) A variety of exceptions to the exclusionary rule have been carved out since its inception. The first of these exceptions was considered in Wong Sun v. U.S. and was a direct result of which of the following doctrines? Fruit of the Poisonous Tree Doctrine Silver Platter Doctrine Derivative Evidence Doctrine Strict Scrutiny Doctrine None of the above Question 3 (TCO4) The distinction between curtilage and open fields is not necessarily an easy one. The courts have delineated which of the following factors which may be considered: The proximity of the area in question to the house The nature and use of the property in question The affirmative actions undertaken by the owner toensure privacy All of the above None of the above Question 4 (TCO4) Which kind of search may be conducted if the circumstances are such that the interests of society outweigh the invasiveness of the action? Anticipatory searches Sneak and Peak Warrantless search All of the above A & C only Question 5 (TCO4) Evidence may be admissible under this doctrine if the law enforcement officer was in a lawful position, the discovery was inadvertent, and the evidentiary value of the item seized is immediately apparent: The Terry Doctrine Plain View Doctrine The Hick’s Doctrine The Sneak and Peak Doctrine The Proximity Doctrine Question 6 (TCO4) Which of the following types of search does not require probable cause, reasonable suspicion, or an articulable justification? Consent Sneak and Peak No Knock All of the above None of the above Question 7 (TCO5) Mistrials may be declared for which of the following reasons? Deadlocked juries Prosecutorial misconduct Procedural violations All of the above A & C only Question 8 (TCO5) The so-called “bright-line rule”: Allows the interrogation of suspects to wear them down into confessing Allows for the continued questioning of a suspect until the arrival of his or her counsel Forbids future questioning so that the authorities are not able to wear down the suspect and persuade her to incriminate herself notwithstanding her earlier request for the assistance of counsel All of the above None of the above Question 9 (TCO5) Which of the following is not typically included in the rights of the accused? Right to remain silent Anything said may be used against him Right to an attorney during questioning He must pay for his attorney None of the above are included in the rights of the accused Question 10 (TCO6) Which of the following are the primary qualifications for witnesses in our court system? At least twenty-one years of age High School education or its equivalent Registered voter Personal knowledge None of the above Question 11 (TCO6) The American criminal justice system has a variety of provisions, which encourage the veracity of witnesses in a criminal trial. Which of the following is not one of those provisions? Mandatory compulsion of personal appearance at trial Mandatory oaths and affirmations Direct testimony Legal ramifications for dishonesty None of the above Question 12 (TCO6) Methods used to attack the competency of the witness through assertions of dishonest or untruthful behavior include: Uncharged crimes Bad deeds Past criminal convictions All of the above B & C only Question 13 (TCO6) There are how many types of witnesses in a criminal trial? One Two Three Four Five Question 14 (TCO6) When a witness is questioned by the side who called her: Cross Examination Rebuttal Examination Direct Examination Rejoinder Recross Examination Question 15 (TCO6) The demonstration of the veracity of a particular witness is often attempted immediately after: Direct Examination Redirect Examination Cross Examination Recross Examination None of the above Question 16 (TCO4) Explain those instances when the fruit of the poisonous tree doctrine does not apply. Question 17 (TCO4) Explain how reasonable suspicion relates to an investigative detention. Question 18 (TCO5) Explain the public safety and rescue doctrine exceptions to the Miranda Warnings. Question 19 (TCO6) Discuss the specific methods of witness impeachment. FINAL EXAM Question 1 (TCO1) What are some ways in which evidence may be defined? How do relevance and materiality relate to a definition of evidence? Question 2 (TCO2) Discuss the role of defense attorneys within the American system of criminal justice. Question 3 (TCO3) Circumstantial evidence may be used to infer guilt in many different situations, but it may not be used in those situations in which an individual invokes a right that is guaranteed by the Constitution, extended by the state, or upheld by the courts. Describe those situations where inferences may not be drawn. Question 4 (TCO4) Discuss how probable cause determines the issuance of a warrant. Question 5 (TCO4) According to the U.S. Supreme Court, how is compulsory self-identification not a violation of the Fourth and Fifth Amendments? Question 6 (TCO5) Explain how the confessions of co-conspirators or co-defendants relate to the confrontation clause of the Sixth Amendment. Question 7 (TCO6) List and briefly describe the three qualifications of witnesses. Question 8 (TCO7) Explain dying declarations as an exception to hearsay. Question 9 (TCO8) Explain the parameters and limitations of the physician-patient privilege. Question 10 (TCO9) Explain how scientific evidence is authenticated.

Source: https://www.homeworkjoy.com/questions/general-questions/596100-JADM340-Full-Course-Latest-2018-November/
© homeworkjoy.com