Question 1: Please review the sequence of events in the criminal justice system. Choose two (2) steps along the process and explain reforms that have occurred, or reforms that have been proposed, that would make the criminal justice process more fair. Please be sure to include any discussions of applicable Constitutional rights we have discussed in this class. Remember to cite to the text book and two scholarly sources, which would include court cases.
Question 2: A lone gunman robbed a jewelry store. The store’s video camera captured the robbery. The tape was broadcast on the internet by the local law enforcement agency. Shortly thereafter, an anonymous caller contacted the police saying she saw the footage of the robbery and reported that the robber appears to look like Aaron Suspect. He’s a 21 year-old employee at the local gas station. The next day, two police officers took the taped footage to the gas station and showed it to the manager, who reported it could be Aaron, but he was not entirely certain because the footage was grainy. The footage was also shown to Aaron’s landlord who said it could be Aaron, but she also could not say for sure. Later that day, the police officers went back to the gas station when Aaron was working. They asked the manager if they could talk with Aaron, who was called to the manager’s office. The police introduced themselves to Aaron and simply said they had some questions for him. They walked with Aaron into the manager’s office and closed the door. One police officer questioned Aaron from behind the manager’s desk, and the other officer sat near the door. Both officers were fully uniformed with their pistols visible. Aaron was positioned between them seated in a folding char. The manager’s office measures nine feet by twelve feet and has no windows. The police officers told Aaron they wanted to ask him some questions about the jewelry store robbery that occurred the day before. Aaron said he did not have any such knowledge about the robbery. He continued to deny that he had any knowledge of the robbery for approximately 30 minutes. Aaron did not ask to leave, and neither police officer specifically told Aaron he was free to leave. After the first 30 minutes of denials, the police officers told Aaron that they had a videotape of the robbery and that they had shown it to three people, all of whom positively identified Aaron as the armed robber. Aaron said nothing for a few minutes. One of the police officers then added that if Aaron were to cooperate, he would put a good word in with the prosecutor, and that she may go easy on Aaron. The police officer added that the local prison was not a good one, housed a lot of hardened criminals, and that it was a frightening place to be locked-up. Aaron then exclaimed that he did commit the robbery but that the gun was simply a child’s water pistol that only appeared real. Immediately after Aaron made that statement, the police officers informed Aaron that he was under arrest for the armed robbery of the jewelry store. The police officers read Aaron his Miranda rights. Aaron stated he understood his Miranda rights, and he told the police officers he would then remain silent. The police officers placed Aaron in handcuffs and took him to the police station where he was processed for the charge of armed robbery. If the police brought this case to you to prosecute, would you move forward with the case based on the available evidence? Discuss the case’s weak points and strong points. Be sure to comment on whether there are any violations of Aaron’s Fourth Amendment rights to be free from unreasonable search and seizure, Miranda rights, voluntariness of the confession, potential exclusion of evidence, and any other significant Constitutional issue that you believe applies.
