Same facts as question 3, but Molly was not given Miranda warnings before she confessed to the check larceny charges. What, if any, effect would failure to warn have on the subsequent admission of the stolen bank money?
What will be an ideal response?
ANSWER: Answers may vary: The same analysis applies – Molly was being held on bank robbery charges. If she volunteers admissions of guilt for other crimes, there is no exclusionary rule/poisoned fruit analysis. Now, had she been held and arrested for writing bad checks, the analysis would shift to whether police waited too long to honor her request for a lawyer in the hopes that Molly would spontaneously confess.
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Few prosecuting agencies break down the offense into degrees of seriousness based on the sexual force used by the offender, the amount of physical or psychological harm done to the victim, and the victim's age relative to that of the offender
a. True b. False
Suspicious death investigations are usually conducted by a coroner or a medical examiner.
Answer the following statement true (T) or false (F)
Based on the Supreme Court’s discussion of “ineffective counsel” in Strickland v. Washington, the fact that his lawyer fell asleep during the prosecutor’s closing argument is:
Rock star Tim Three-Tone has been convicted of first-degree murder in the death of his manager. Famed courtroom reporter Nancy Lace notes that Tim’s lawyer, Rickey James, had fallen asleep during the prosecutor’s closing arguments, but had otherwise done a reasonable job considering how much forensic evidence the prosecution presented. Tim, however, feels that his lawyer did a particularly poor job during the sentencing phase of his bifurcated trial. Even Nancy Lace notes that it was odd for the lawyer not to call any witnesses in the sentencing phase or to offer any evidence of mitigating circumstances—especially in light of Tim Three-Tone’s well-chronicled tale of surviving childhood abuse. Timmy is ultimately sentenced to die by lethal injection. a. Automatic grounds for a new trial on the grounds that Tim’s 6th Amendment rights have been violated b. Automatic grounds for a new trial on the grounds that Tim’s 8th Amendment rights have been violated c. Not necessarily grounds for a new trial provided that we believe Nancy Lace’s assessment that the lawyer has done a reasonable job consistent with what another lawyer would have done d. Is not grounds for appeal in a death penalty case in a state court
At a minimum, a law that touches on any constitutionally protected interest must be “rationally related to furthering a legitimate government interest.” This is referred to as the ______________
a. rule of reason b. rational basis test c. compelling state interest test d. clear and convincing evidence doctrine