Answer the problem-solving exercise questions
Students will answer the problem-solving exercise questions for Chapters 9 & 10 in the textbook using the IRAC method. Specific assignment guidelines and expectations for the IRAC method can be found in the Assignment Module (located between Weeks 1 & 2 Modules).
Chapter 9 Questions:
Question #1:
On October 28, 2016, a complaint was filed alleging that Hazel burglarized a Walgreens store in Lincoln, Nebraska (the “state case.”). Hazel got an attorney. On January 19, 2017, Hazel was indicted in federal court for stealing from ATM machines (the “federal case”). On the morning of February 1, 2017, Hazel was processed out of the county jail and transported to the federal building for her arraignment in the federal case. At the federal building, Hazel was greeted by FBI Special Agent Saad for an interview. Saad gave Hazel Miranda warnings; she signed a waiver form and made incriminating statements. Hazel tried to suppress her statements, claiming that Agent Saad could not question her without an attorney on the federal case because she had an attorney for the state case. You are the judge. Will you suppress Hazel’s statements? (ROL: Miranda right to counsel).
Question #2:
During a custodial interrogation about a shooting, the officers read the suspect Miranda warnings and he competently waived his rights. Officer Smith then said to the suspect that this was his “last chance” to “distance himself” from the crime by admitting that he was present during the shooting. The officers said it was clear the suspect was simply “in the wrong place at the wrong time.” One officer said, “The district attorney is going to see this. The judge is going to see this, and when they hear you spinning this tale, you’re not helping yourself. So, tell the story of what happened out there. If you didn’t pull the trigger, now’s the chance for you to tell your story.” The suspect confessed, and later moved to suppress his confession, claiming coercion. The government said the confession was voluntary. Which side will win? (ROL: Voluntariness, trickery).
Chapter 10 Questions:
Question #1:
Randy and Vonny were co-conspirators involved in a drug distribution conspiracy. Randy was caught by police officers and made a deal that allowed him to remain on the street and act as an informant. Right before the investigation was about to end and Randy’s role as an informant was about to be exposed, Randy gave a statement to police detailing his role in the conspiracy, and then he died. At Vonny’s trial, the state sought to introduce Randy’s statement made to police before he died. On the basis of his Sixth Amendment Confrontation Clause right, what objections, if any, can Vonny make to the admission of Randy’s statement? (ROL: Confrontation Clause).
Question #2:
Nicole and Shania were contemplating robbing the local bank. They purchased handguns and tools to break into the bank’s vault. As they approached the bank’s entrance, they became afraid and started to run away, but astute police officers noticed their suspicious behavior, chased after the women, and arrested them. The officers notified the prosecutor, who wrote an information charging both women with attempted robbery. The women filled out forms that indicated they were indigent and in need of appointed counsel. They appeared before the judge, who read the charges aloud in court and appointed counsel for each woman. The women were returned to jail and placed in separate cells. Police came to see Shania and asked if she would like to speak with them. They read Shania her Miranda rights, but she said nothing, and the officers left. In Nicole’s cell, police placed an informant, Ellie. Ellie struck up a conversation with Nicole and asked, ‘What did you do to get yourself in this mess?” Nicole told Ellie about the plot to rob the bank. Before trial, both women raised claims that their Sixth Amendment right to counsel had been violated. Are they correct? (ROL: Montejo and Massiah precedents).
Question #3:
Jackson was private counsel appointed to represent Joey on kidnapping charges. When Joey spoke about the case, he insisted that the victim, Betsy, was secretly in love with him and went with Joey willingly across state lines. Joey had a mental health history for stalking. Betsy told police that Joey had abducted her from a crowded parking lot. Many eyewitnesses had seen Betsy screaming and struggling before Joey forced her into the car and sped away. Jackson thought Joey’s best move at trial would be to admit the facts of the case and to hire an expert to inform the jury of Joey’s delusions. Joey insisted he was innocent but did not object to Jackson’s trial strategy. Jackson asked the court for funds to have Joey psychologically evaluated before trial, but the judge said Jackson had already spent his allotted indigency defense funds, and there was no more state money. At trial, Jackson admitted to the jury that Joey was guilty but asked for mercy based on Joey’s medical condition. Joey was convicted and appealed on the basis of ineffective assistance of counsel because Jackson admitted his guilt and because the court refused to pay for medical services. Will Joey win his appeal? (ROL: Nixon, McCoy, and Ake precedents; ineffective assistance of counsel claims).
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Remember that all assignments are required to utilize the IRAC Method for legal analysis. Students are encouraged to use the assignment resources provided in the Assignments module (located between Weeks 1 and 2).
All assignments are required to have a reference page. Any assignment missing a reference page will not be graded and will earn an immediate zero. Students must cite their sources, even if they only use the textbook.
Assignments must be uploaded in a Microsoft Word document, PDF document, or linked through Google Docs. Canvas does not recognize Mac Pages documents.
Students must upload the completed assignment into Canvas before the due date for grading.
https://rccd.instructure.com/courses/51246/assignments/1444998
https://rccd.instructure.com/courses/51246/pages/chapter-8-exceptions-to-the-warrant-requirement
https://rccd.instructure.com/courses/51246/pages/chapter-9-the-fifth-amendment-and-confessions
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