What are the different exceptions to the force and resistance rule? How are they different?
What will be an ideal response?
The law has never required physical resistance in all cases. No resistance is required if victims were incapacitated at the time of the assault by intoxication, mental deficiency, or insanity. Also, deception (fraud) can substitute for force. These cases often involve doctors who trick their patients into having sexual intercourse. These cases fall into two categories, fraud in the fact and fraud in the inducement. Fraud in the fact consists of tricking the victim into believing the act she consented to wasn't sexual intercourse. Intercourse resulting from fraud in the fact is rape. Intercourse obtained by fraud in the inducement is not rape. Fraud in the inducement (in rape) occurs when the fraud is in the benefits promised, not in the act. Finally, sexual intercourse with a minor who consented is rape because the law doesn't recognize the consent of minors.
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Was the court's refusal to allow Rizzo access to Dr. Pucci's clinical files a violation of his constitutional rights under the Sixth Amendment Compulsory Process clause and the Fourteenth Amendment Due Process Clause?
Parents of a 14-year-old "Daphne" asked a neighbor and family friend, Joseph Rizzo, who previously helped them with marital problems, to counsel their daughter about her personal and disciplinary problems. Some months later "Daphne" told her parents that Rizzo touched her inappropriately during their counseling sessions; the sessions were immediately cancelled. "Daphne" was then counseled by Dr. Linda Pucci, a clinical psychologist and "Daphne" told Dr. Pucci that an adult had been "messing with her" but did not disclose further details. Police were notified; Rizzo was convicted of several counts of sexually assaulting a child. Before trial, Rizzo motioned the trial court to conduct an in camera review of Dr. Pucci's reports and records. The State provided a six-page summary prepared by Dr. Pucci, explaining her knowledge of the case and treatment of Daphne. Her summary and testimony related to providing reasons why a molested person would be reluctant to come forward. The trial court conducted an in camera review of the records to determine if they contained exculpatory information. After reviewing the records, the trial judge denied Rizzo access to them. He said that Dr. Pucci's files contained the same information as her summary. What will be an ideal response?
Information gathering about the enemy is called ________________
Fill in the blank(s) with correct word
Who wrote the U.S. Supreme Court's opinion in Miranda v. Arizona (1966)?
a. Hugo Black b. William Brennan c. Earl Warren d. Thurgood Marshall
In which case did the Court identify three advantages associated with a speedy trial?
A) United States v. Ewell B) United States v. Marion C) Waller v. Georgia D) Barker v. Wingo