- 27 Sep, 2020
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Criminal law Milestone Two
Prompt: For this milestone, you will analyze two more case study scenarios and provide your insights into how each case should be handled. The scenarios will also be addressed as Sections I and V of your final project.
Read the scenarios and then provide a short analysis based on the questions that follow.
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?
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?