Crimnal Law & Procedure

1. Question 5. Based on the ruling of the Supreme Court in City of Chicago v. Morales, what protections of the individual do you think must be included in an ordinance proscribing loitering? Question 9.To what extent does the First Amendment protect the right of citizens to advocate on behalf of groups that have been labeled as terrorist organizations by the federal government? Questions11.Evaluate the criticism leveled against the USA PATRIOT Act that the sections quoted in the text unconstitutionally deprive individuals of their civil liberties by such vague terms as “acts intended to influence government policy by intimidation or coercion.” 2. Questions 4.Is a state statute that makes it a criminal offense “to hinder or delay a law enforcement officer in the performance of his or her duties” likely to be held void for vagueness under the tests outlined in Chapter 3? Question 7.Despite the wording of most statutes proscribing the offense of escape, courts increasingly require the prosecution to prove the defendant’s specific intent to avoid lawful confinement. Are courts justified in imposing such a requirement on the statutory law? 3. Question 4. The state charges Larcen Inmatio with escape from prison. The court appoints a public defender to represent him. You are assigned to investigate the case and report your findings to the public defender. Your investigation reveals that Inmatio was convicted of burglary of a dwelling and was serving the second year of a five-year sentence in the state prison. He complained to the warden that another inmate had sexually molested him and requested transfer to another prison or at least another cell block. After confirming that an inmate in Inmatio’s cell block had molested him on one occasion, the warden told Inmatio that he would place him in another cell block. During the next three days the warden took no action. On the fourth day, while Inmatio and other prisoners were on a work detail picking up trash from the roadside outside the prison, Inmatio left without permission and caught a ride to a nearby city where he obtained a construction job. He had no contact with the prison until two weeks later when the local police apprehended him and returned him to prison. Based on your investigation, do you think the public defender can successfully establish the defense of necessity on behalf of Inmatio? 4. Question 4. Explain the difference between the objective and subjective approaches to the defense of entrapment. Which approach is more just? Why? Question 8.The Fifth Amendment to the U.S. Constitution requires the court to grant use immunity to a witness who is required to testify over a legitimately invoked right of self-incrimination. In some states, a witness who testifies under a grant of immunity is given transactional immunity, a broader protection than the federal constitution requires. Explain the difference between the two categories of immunity. 5. Question 8. The police suspect Mary Jane Hemphill of having sold marijuana at the Sibanac Bar. An undercover agent approaches her and asks her to go out with him. After a movie, the agent says that he would like to buy some marijuana for his close friend. At first, Hemphill makes no response. They make another date, and after a very pleasant evening together, the undercover agent pleads with Hemphill to help him find marijuana for his friend. She agrees, and the next day she delivers a quantity of the contraband to the agent, who gives her $200. As he concludes his purchase, the undercover agent arrests Hemphill and charges her with the sale of contraband. Hemphill’s attorney pleads entrapment at her trial. Do you think her defense will be successful? Why or why not?