Every essential element of the crime charged must be proved by the government beyond reasonable _____ in order to convict and punish a defendant for the crime charged.
Case 8.1 Police respond to the scene of fight inside a local…
Case 8.1 Police respond to the scene of fight inside a local bar. The scene is chaotic with ambulance personnel attending to an unconscious male. In the course of rendering aid to the victim, the victim and the victim’s clothing were removed from the scene. The victim’s clothing and personal effects are collected by an emergency room nurse at the hospital. Police interview witnesses who report that the victim, Jeff Anderson, got into an argument with another bar patron/accused for having several rounds of drinks put on the patrons tab. Witnesses also report that the patron/accused struck Mr. Anderson with a close fist and two then exchanged several punches with Mr. Anderson giving the patron/accused a bloody nose. The patron/accused then struck Mr. Anderson with a chair knocking him unconscious and fled the bar. Police interview the bar owner who reports that accused became enraged after getting the $500.00 credit card receipt for his drink tab. The bar owner stated the “guy flipped out, nearly jumping over the bar when he saw the amount of his tab”. The bar owner reported that he pointed Mr. Anderson and said “go talk to your friend – he ordered three rounds for the bar on your tab.” Police ask for and receive copies of the credit card receipts for the accused, Dick Grayson. The investigating officer responds to the hospital and takes a statement from the victim who reports not knowing why he was attacked. While at the hospital the investigating officer asks if anyone had sought treatment for facial injuries from a fight. It is determined that Mr. Grayson had been seen and had reported to the registration nurse that his injuries were from “some guy sucker punching” him in a bar and had also stated “you should see the other guy.” Mr. Grayson is taken into custody and is being escorted out of the emergency room when he stops in front of room where the victim lying in a hospital bed being attended to by medical personnel he blurts out “I’m in so much trouble” and asks the officers “is he going to make it.” Mr. Grayson charged with aggravated assault.At trial the defense attempts to block admission of the credit card transactions from the bar as hearsay. Are the records admissible?
Case 8.3 Police investigate a reported sexual assault of a t…
Case 8.3 Police investigate a reported sexual assault of a ten year old female. Police were alerted by a school nurse who noticed bruises on her thighs after the child came to her office complaining of lower abdominal pain. The child was interviewed by a sexual assault nurse examiner (SANE) who asked questions about the assault not to gather evidence but to help the nurse examine and treat the child appropriately. The nurse also performed a rape kit and collected samples for DNA analysis. The child identified a neighborhood handyman as the perpetrator. The accused, Chester Mayhem, had recently worked on the victim’s home where he befriended the victim. Mayhem reportedly had sexually assaulted the child on four separate occasions. The child was reluctant to report the assaults as Mayhem threatened to kill her family if she said anything. The subsequent investigation matched Mayhem’s DNA to three other unsolved sexual assault cases. Mayhems is arrested and charged with multiple counts of aggravated sexual assault.At trail the defense attempts to block the nurse’s testimony regarding the child’s description of the sexual assault as hearsay. Is this it hearsay?
Case 12.1 Police respond to an armed robbery call at a loca…
Case 12.1 Police respond to an armed robbery call at a local deli. The store owner shows the video of the suspect with a gun, provides the direction the suspect fled and tells police that $375.00 in cash was taken. The police spot the suspect fleeing on foot two blocks away and give chase. The suspect runs through a city park and is stopped near a playground. Officer Smith conducts a frisk of the suspect for the handgun but finds no gun. Officer Smith immediately asks the suspect “where’s the gun?” The suspect hesitates and Officer Smith says “Look, there a lot of little kids here; we don’t want one of them to find the gun and have a tragedy.” The suspect points to a garbage can near the playground and states “it’s in the can.” Another officer retrieves the gun. The suspect is then taken into custody, searched and brought to the police station where he is placed, handcuffed, in an interrogation room. He is provided a written copy of his Miranda warning and the warning is read to him. The search of the suspect produces $ 450.00 in cash and a cell phone. The suspect is questioned regarding the gun and the robbery. The detectives present the now-unloaded gun in an evidence bag, which the suspect identifies as the one he threw in the can. The suspect admits the gun is his, claiming he found it a week prior in an alley by his apartment. He remains silent in response to questions regarding the robbery and states “I am not talking about anything else that happened today.” The suspect is then directed to stand in a lineup with five other persons. The store owner positively identifies the suspect. The suspect is charged with the armed robbery, unlawful possession of a weapon and possession of a weapon for unlawful purposes. Which of the following statements would not be required when the detectives were providing the suspect his Miranda warning?
To fall within the hearsay rule, the testimony must be offer…
To fall within the hearsay rule, the testimony must be offered to prove the _____.
The Confrontation Clause is found in the Fifth Amendment.
The Confrontation Clause is found in the Fifth Amendment.
Miranda warnings are not required in ordinary traffic stops….
Miranda warnings are not required in ordinary traffic stops.
A(n) _____ is any statement or conduct from which guilt of t…
A(n) _____ is any statement or conduct from which guilt of the crime can be inferred.
The case establishing limits to identification checkpoints i…
The case establishing limits to identification checkpoints in public housing projects was _____.
A Terry stop is a(n) _____.
A Terry stop is a(n) _____.