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Do we have a Criminal Procedure Problem?

Last updated almost 3 years ago

9 questions

Note from the author:

Instructions

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For each problem is there a criminal procedural problem? Work with a partner, use the chart, try to find the problems.

For each problem is there a criminal procedural problem? Work with a partner, use the chart, try to find the problems.

Question 1

1.

A 43-year old white woman with children in the backseat is pulled over for going 45 MPH in a 35 MPH zone. The officer asks her to open the trunk and finds 15 pounds of cocaine.

True

False

Question 2

2.

Bob is charged with public intoxication for urinating in public on a Saturday night. He stays in jail for two weeks waiting to be charged for a crime.

True

False

Question 3

3.

Miguel is claimed to be major drug trafficker. He is charged with smuggling 100 pounds of heroin on a JetBlue flight at Newark International Airport. His case is sent directly to the felony division of the NJ Superior Court.

True

False

Question 4

4.

Annie is claiming self defense after being charged with voluntary manslaughter of her boyfriend who was found dead with 45 stab wounds in their bed. Her attorney does not file a one page form about self defense with the court before her trial because he made a statement on the record about her claim at her arraignment and preliminary hearing.

True

False

Question 5

5.

Danny Ocean is convicted of robbing a casino. As part of his presentence investigation, the investigator claims that he has committed this crime at least 25 times because everyone knows that he is a criminal mastermind. He does not include any information to support his departure from the sentencing guidelines and recommends that he receive a 30 year sentence. (All students must watch Ocean's 11)

True

False

Question 6

6.

The Chief Prosecuting Attorney of Newark is able to eliminate all of the black people empaneled for jury selection during a murder case involving multiple gang members.

True

False

Question 7

7.

Judge Catanese denies a defense attorney's pretrial motion to adjourn trial and hold the Essex County Prosecutor's office in contempt for not turning over all of the contents of the file related to the Defendant.

True

False

Question 8

8.

Jeremiah is stopped on the street because he looks like the suspect of a 7-11 robbery that happened the evening before. He is brought to the police station and held in a room by himself for 15 hours.

True

False

Question 9

9.

Isaiah (15) has seven carjacking cases outstanding. He cases are filed in the Juvenile Division for the City of Newark. The Essex County Prosecutor wants to bring charges too, so he also charges Isaiah with seven cases of carjacking.

True

False