Respond to each one of the following situations and compile them
together for a case analysis portfolio. Specifically, the following
critical elements must be addressed:
I. Miranda
A uniformed police officer is dispatched to a bank robbery.
Upon arrival, John Smith is already under arrest by the detectives
for committing the robbery and shooting the guard. He is placed in
the back of the officer’s cruiser. During the drive back to the
station, Smith yells out, “I am so sorry I shot him!” One month
later, the officer is called to testify about Smith’s statement.
Smith’s defense attorney argues that the officer failed to read him
his Miranda rights. Consider if his statements are admissible given
the fact he was not read his Miranda Rights prior to making
them.
A. Imagine yourself as the judge presiding over this case.
Clearly and accurately evaluate the constitutional parameters that
emerged from the Miranda decision. How has this case influenced the
practice of law enforcement?
B. Describe your ruling for the bank robbery case, citing the
Miranda case. How did Miranda influence your decision‐making
process?
II. Jewelry Store Robbery
A detective was conducting surveillance outside a jewelry
store that had been robbed several times in the past month. It was
85°F outside, and he witnessed three men pacing in front of the
store who appeared to be acting nervous. One of the men was wearing
a heavy sweatshirt (later identified as Wilson), while the others
were wearing t‐shirts. The detective exited his cruiser and
approached the three men. The detective conducted a pat frisk of
Wilson and found a hard object in the front pocket of the
sweatshirt. He reached his hand into the pocket and located a
handgun. He placed all three under arrest and later tied all of
them to the repeat burglaries. In court, Wilson’s attorney argued
that the detective conducted an illegal search when he located the
handgun. Imagine yourself now as the judge.
A. In order to avoid defense attorneys making this kind of claim
in court, new technology could be utilized to aid in the
development of cases and in prosecutions. What types of new
technology could the detective have employed in his surveillance
and arrest that might have helped avoid the defense attorney’s
claim of illegal search? Evaluate the impact these types of
technology have had on ethical investigations.
B. Based on the U.S. Supreme Court case Terry v. Ohio, 392
U.S. 1 (1968), how would you rule in this case? Be sure to defend
your ruling with evidentiary support.
C. Did the ruling justices’ decision in Terry v. Ohio
influence the effective performance of law‐enforcement agencies?
Defend your position using evidence from the current case as well
as the Supreme Court case.
III. Rape Investigation
You are now a detective assigned to conduct a rape
investigation.
A. Select an emerging technology available for
investigating rape‐related crimes. How has this technology
positively or negatively impacted criminal investigations? Support
your argument(s) using specific examples.
B. Taking into consideration U.S. Supreme Court rulings, what
are any limitations or regulations you may encounter in utilizing
this technology to conduct an ethical investigation?
IV. Pre‐Sentence Investigation
A 14‐year‐old juvenile was just convicted of murder, and
sentencing is approaching. Imagine yourself as a probation officer
assigned to conduct the presentence investigation. Research Miller
v. Alabama and use it to guide you on how you would approach this
case.
A. Based on Miller v. Alabama, what are the constitutional
constraints placed upon the judge to come to an ethical and proper
sentence in the current case?
B. How did the Miller v. Alabama case transform sentencing
laws and impact the role of the criminal justice practitioner?
Support your response with examples.
V. Hinckley
On March 30, 1981, John Hinckley attempted to kill President
Reagan. There were several witnesses to the shooting, and the
evidence was overwhelming. Research this case and imagine yourself
as Hinckley’s defense attorney.
A. Apply the Model Penal Code test to this case to
determine Hinckley’s mental state defense and what the jury’s
verdict would have to be. Be sure to defend your response.
B. After the Hinckley verdict was reached, many states opted
for a new test to be utilized. The Insanity Defense Reform Act of
1984 shifted the burden of proof from prosecution to defense. Apply
the present statutory test to the case. How do you believe the jury
would vote if Hinckley were tried today? Why?
C. What historical milestone case involving the Second
Amendment emerged from the events of this situation? How has this
case impacted the criminal justice practitioner?
VI. Defense Attorney
You are a defense attorney. You have a client who is charged
with raping and killing four boys. After killing them, he
dismembered them and ate them. Your client thinks he did nothing
wrong.
A. Based on the client’s mental state, what would you argue for a defense for the client? Ensure that you apply and explain any relevant sociological and criminological scientific methods of inquiry you would use in devising your argument.
VII. Jim Aiken
Jim Aiken comes home early from work and finds his wife in
bed with the mailman. He immediately shoots and kills the mailman.
Aiken then goes downstairs, makes himself a sandwich, and watches
TV while his wife is frozen in fear in bed. After two hours, Aiken
goes back upstairs and shoots and kills his wife. You have been
tasked with preparing the case for his defense attorney.
A. Applying the appropriate sociological and criminological
scientific methods of inquiry, what crime did Aiken commit
regarding the mailman, and what possible defense could be
used?
B. What crime did Aiken commit regarding his wife, and what
possible defense could be used? Support your response by explaining
how you applied the scientific methods of inquiry.
VIII. Narcotics Detective
Imagine yourself as a narcotics detective. You are told
by an informant that a man by the name of Joe Parker is growing
marijuana in his basement. He goes on to tell you that the basement
has windows, but they appear to be blacked out, preventing anyone
from seeing inside. As a knowledgeable narcotics detective, you
know that extreme heat is used to keep the marijuana plants
healthy. You decide to use a thermal imaging device to see if there
is excessive heat coming from the basement. You park in front of
his house and turn on the device. It registers extreme levels of
heat emanating from the basement. Based on that information, you
obtain a search warrant and locate the marijuana. In preparing your
paperwork, it is brought to your attention that these events are
identical to an actual U.S. Supreme Court case. Research Kyllo v.
United States, 533 U.S. 27 (2001), to guide how you would approach
this case.
A. What elements from Kyllo v. United States will impact your
ability to develop an ethical investigation? Be sure to explain
your response.
B. Examine how the use of thermal imaging technology has
impacted detectives, both positively and negatively, in performing
ethical investigations in drug‐related cases?
C. If you were the judge in the Kyllo case, what would be the
constitutional parameters that would influence how you would rule?
Why would these influence your ruling?
IX. Homicide Detective
A detective investigating a recent homicide has obtained a
mobile scanner device called a Manta Ray, which allows him to sit
in his vehicle and “capture” conversations and data from mobile
phones by mimicking a cellular tower. After two days of
surveillance on an apartment complex that he believes houses the
man who committed the murder, the device grabs pieces of a text
conversation between the suspect and his girlfriend. The detective
believes the conversation was a vague confession to the crime and
decides it is enough to obtain a court order.
A. Was the use of the Manta Ray in this investigation done ethically, and how will this potentially impact the development of this case? Consider supporting your response with relevant case law and precedent.
Your submission should be 9-12 pages in length. The document should use double spacing, 12‐point Times New Roman font, and one‐inch margins. Citations should be listed in APA format. Be sure to label each section appropriately (Miranda, Jewelry Store Robbery, etc.) when compiling your portfolio. Reference in APA
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