LEJ202-001 Criminal Procedure
Second Assignment – Due November 29, 2020
Please write a 3 to 5 page (in total), double-spaced paper on the following two questions:
1. Mary is walking down the street on a sunny afternoon when a man she does not know suddenly appears and points a gun at her. The man is not wearing a mask of any kind. The man tells Mary to give him her money. Mary gives the man her money. The man then flees. Mary calls 911 on her cell phone and describes the robber as being a white man in his twenties, with brown hair, wearing a Bears sweatshirt, blue jeans and white gym shoes. Two eyewitnesses saw the robbery take place but left before the police arrive. Both gave Mary their names and phone numbers before they left. Officer Smith hears the dispatch and drives toward Mary’s location. Four blocks from where Mary was robbed, Officer Smith sees John Jones walking in a direction away from where the robbery took place. Jones matches the description. Eyewitness 1 had to get to work. She has to work for 8 hours but will be available after that. Eyewitness 2 went to catch a bus but was hit by the bus before she boarded it and suffered a broken leg. She was treated and released from the hospital that morning and cannot leave her home for 2 weeks. The police department requires that officers complete their investigation and complete all of their identification procedures within 48 hours.
Describe the types of identification procedures police can conduct in general and the legal standard that applies to such procedures. With respect to Mary and the two eyewitnesses, explain which identification procedures should be used and why that procedure is most appropriate for each witness.
2. Officers Smith and Wallace are on patrol when they hear a call over their police radio that a stabbing has taken place at 123 Elm Street. The officers immediately drive to that location. Upon their arrival, they find the victim lying on the ground in front of a home bleeding from his abdomen. Several people approach the officers and tell them that they saw John Jones stab the victim and that Jones is now in the backyard. The officers go to the backyard and find John Jones placing a bloody knife in a garbage can. After Jones identifies himself, Officer Smith places Jones under arrest, handcuffs him and puts him in the back seat of their squad car. They do not tell him he is under arrest. Once other officers arrive to secure the scene, Officers Smith and Wallace transport Jones to the police station. The officers are in the front seat and the space between the front and back seats is open. Jones has not been Mirandized. (He has not been read his Miranda rights.) During the ride to the station, Officers Smith and Wallace are talking to each other about how the cubbies are so much better than the White Sox. Suddenly the defendant says “I can’t believe I stabbed my best friend!” Officer Wallace then asks the defendant if the victim had done anything to provoke him, and the defendant says “No, I was just mad he was dating my ex-girlfriend. He didn’t deserve what he got.” The officers arrive at the station, place Jones in an interview room and Mirandize him for the first time.
Explain the purpose of Miranda in general and when it applies. Define custody and interrogation. Are Jones’ statements in the car admissible? Explain why or why not. For more information on Criminal and Identification Procedure see this: https://en.wikipedia.org/wiki/Criminal_investigation
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