CJI530 Criminal Assignment – Legal Issues in Criminal Justice

Law – Criminal Assignment 530

CJI 0530: Legal Issues in Criminal Justice (Summer I Term 2023)

FINAL EXAM:

INSTRUCTIONS

The format of the exam is ESSAY. You are responsible for reading all assigned readings in preparation for the exam.

There are 2 essay questions you must complete, each worth 100 points for a total of 200 points.

Your essay responses must be uploaded in Canvas ONLY, which will run the TurnItIn program and provide your results. Please also re-read the handouts on plagiarism in the course information.

You must include textbook citations and a minimum of two (2) outside scholarly sources per essay question.

• Appropriate scholarly sources include articles from academic journals, textbooks, Supreme Court cases, appellate cases, and government reports (e.g., National Institute of Justice).

• Magazines (e.g., Newsweek) and open-source websites (e.g., Wikipedia) are NOT suitable sources for the final exam. The use of such sources will decrease your score.

I am NOT looking for your unsupported opinions – your cites to the text book, court cases, and outside scholarly sources will be the support for your answers. For example, the bare statement “I don’t think plea bargaining is fair because it encourages innocent people to sometimes admit guilt” will get no credit. However, if you can support that statement with scholarly references and give specific documented examples, you will do fine. It will require research, so please give yourself enough time.

Begin each essay on a new page and have a separate reference list for each essay. You must provide specific page numbers to your cites, it is never okay to cite to a source generally without pinpointing where you found your support.

Combine all essays into a single Word or PDF document. TurnItIn will not allow you to submit a separate file for each essay. All submissions must be original and completed for the first time, for this term and course. You must complete the exam individually. You are NOT permitted to collaborate with other students. Preparing your exam as a group or sharing responses is strictly prohibited. Always please remember, especially as current and future criminal justice professionals, ethical behavior is of paramount importance to your employability and to the public trust.

FINAL EXAM TIPS

1. Primarily rely on, and be sure to fully incorporate, the assigned course materials. − However, you must also be sure to use outside sources that supplement and enhance your responses. − Remember: The outside sources you choose must be academic and scholarly.

2. Write in your own voice. − Sparingly use direct quotes (especially long ones), and paraphrase more often. − YOUR understanding of the topics—not the textbook’s author—is most important for your grade.

3. Read the instructions and be sure to be responsive to the questions. − Even the most well-written essay will not receive full credit if it does not properly address all the issues and concepts.

4. Proofread before submitting. − It may be helpful to proofread out loud to make sure that your writing flows properly, is clear and well-organized, and is grammatically correct. − It may be helpful to outline your essays before you begin writing.

Question 1:

Please review the sequence of events in the criminal justice system. I have also included this chart in the Canvas Week 8 Module to be sure you can zoom in to see it clearly. Choose two (2) steps along the process and explain reforms that have occurred, or reforms that have been proposed, that would address underlying concerns. Please make sure to identify the underlying problem that the reform seeks to address, and include any discussions of applicable Constitutional rights we have discussed in this class. Remember to cite to the text book and two scholarly sources, which would include court cases.

Question 2:

A lone gunman robbed a jewelry store. The store’s video camera captured the robbery. The tape was broadcast on the internet by the local law enforcement agency. Shortly thereafter, an anonymous caller contacted the police saying she saw the footage of the robbery and reported that the robber appears to look like Aaron Suspect. He’s a 21 year-old employee at the local gas station.

The next day, two police officers took the taped footage to the gas station and showed it to the manager, who reported it could be Aaron, but he was not entirely certain because the footage was grainy. The footage was also shown to Aaron’s landlord who said it could be Aaron, but she also could not say for sure.

Later that day, the police officers went back to the gas station when Aaron was working. They asked the manager if they could talk with Aaron, who was called to the manager’s office. The police introduced themselves to Aaron and simply said they had some questions for him. They walked with Aaron into the manager’s office and closed the door. One police officer questioned Aaron from behind the manager’s desk, and the other officer sat near the door. Both officers were fully uniformed with their pistols visible. Aaron was positioned between them seated in a folding char. The manager’s office measures nine feet by twelve feet and has no windows.

The police officers told Aaron they wanted to ask him some questions about the jewelry store robbery that occurred the day before. Aaron said he did not have any such knowledge about the robbery. He continued to deny that he had any knowledge of the robbery for approximately 30 minutes. Aaron did not ask to leave, and neither police officer specifically told Aaron he was free to leave.

After the first 30 minutes of denials, the police officers told Aaron that they had a videotape of the robbery and that they had shown it to three people, all of whom positively identified Aaron as the armed robber. Aaron said nothing for a few minutes. One of the police officers then added that if Aaron were to cooperate, he would put a good word in with the prosecutor, and that she may go easy on Aaron. The police officer added that the local prison was not a good one, housed a lot of hardened criminals, and that it was a frightening place to be locked-up. Aaron then exclaimed that he did commit the robbery but that the gun was simply a child’s water pistol that only appeared real.

Immediately after Aaron made that statement, the police officers informed Aaron that he was under arrest for the armed robbery of the jewelry store. The police officers read Aaron his Miranda rights. Aaron stated he understood his Miranda rights, and he told the police officers he would then remain silent. The police officers placed Aaron in handcuffs and took him to the police station where he was processed for the charge of armed robbery.

If the police brought this case to you to prosecute, would you move forward with the case based on the available evidence?

Your response should include an analysis of the following:

1. The role of prosecutorial discretion

2. Identification of possible charges, (NOTE, you do NOT need to identify the official charge, and you do NOT need to research state statutes. A general identification is fine). Address the strengths and weaknesses of the possible charge.

3. Identify whether there were any violations of Aaron’s:

A. Fourth Amendment rights; B. Fifth Amendment rights in reference to Miranda; C: Fifth Amendment rights as to the voluntariness of a confession; D: Potential exclusion of evidence; and E: Any other significant Constitutional issue that you believe applies.

4. Would you engage in plea negotiation with defense counsel? Explain, and make sure you identify defense counsel’s obligation if he/she receives a plea offer.

 

NOTE: When explaining the issues in reference to paragraph 3 above, make sure that you provide a thorough analysis of each issue. For example, when addressing 4A issues, you should identify the issue, state the rule, and apply the rule to the facts of your case. You should be able to explain when a 4A issue is triggered, what the 4A rule stands for, and then apply it. Follow the same outline for each constitutional issue.

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