Caw Sample

7/31/2019 Caw Sample

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LEAD AUTHOR:

Shel Silver

CONTRIBUTORS:

Daniel Byram

Brittany Nicol

EDITOR:

Jennifer-Lynn Jennings

CURRICULUM TECHNOLOGY

Courtroom Activities for CJ and Paralegal


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Courtroom Activities for CJ and Paralegal Copyright 2011 by Curriculum TechnologyLLC. All Rights Reserved.

Printed in the United States of America

No part of this publication may be reproduced, stored in a retrieval system, or transmittedin any form or by any means electronic, mechanical, photocopying, recording, orotherwise without prior written permission of both the publisher and the copyright holderof this book.

Publisher: Channel Custom Publishing

3520 Seagate Way, Ste. 115, Oceanside, CA 92056

Cover Design: David Barnes

Photography: All photographs courtesy of Curriculum Technology, LLC.

Manufactured in the United States of America 1st edition

Curriculum Technology LLC 2005

ISBN 978-0-9837570-2-3

WARNING: Re-creation of any case study or event listed in the materials may resultin injury or property damage if extensive care is not taken at all times. Curriculum

Technology and Channel Publishing are not responsible for any injuries or damage toproperty that may occur from the use of referenced equipment or any other supplies.

Activities derived from this book should be conducted with oversight by, and at thedirection of, a qualied instructor.

***

This textbook contains completely original content unless otherwise specied. Due

diligence was taken in the evaluation of this content to protect the copyrights of others.Any duplication of any copyrighted material or any content found within this textbookthat is improperly cited is completely unintentional.


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Table of Contents

About the Team v

Preface by Shel Silver vii

Icon Guide vii

Conducting a Hearing viii

Evidence Suppression Hearing 1

Proving Elements of Breaking and Entering 8

Interpreting Intent to Kill Element in Murder 14

Qualifying and QuestioningScientic Expert Witness 20

Preliminary Hearing 28

Motion in Limineand Motion to Dismiss 34

Motion Hearing Summary Judgment 40

Guilty Plea and Allocution Based Upon Plea Bargain 48

Presentation of Insanity Defense 54

Sentencing Hearing 60

Civil Suit: Negligence 66

Civil Commitment Hearing 72

Juvenile Court Waiver Hearing 78


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Child Custody Hearing 84

Unemployment Benets Appeal 90

Condemnation Compensation Appeal 96

Zoning Waiver Request 102

Real Property Tax Valuation Appeal 110

State Department of Environmental Quality: Permit Denial Appeal 116

Reverse Condemnation 124


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About the Team

Shel Silver Lead Author

Originally from Detroit, Shel Silver received his J.D. from Washington University School

of Law. His career experience includes time spent as:

Assistant Michigan Attorney General handling both criminal, civil and appellate

work

Chair of Legal Administration (Criminal Justice and Paralegal) at the University

of Detroit-Mercy

Environmental litigator in private practice

Administrative law judge

Environmental Enforcement Coordinator (Arizona)

Deputy Director of the Ofce of Administrative Hearings (Arizona)

Justice and Legal Studies Chair (Criminal Justice, Paralegal and Homeland

Security) at Parks College of Aurora, Colorado

Independent security and management consultant

Author of both ction and educational materials

Shel is married to Cyndi; they have four grown daughters and seven grandchildren.

The Silvers live in Denver with their two dogs, Punam and Schmutz.

Daniel Byram Contributor

Daniel Byram retired from law enforcement as a police academy and training director

for an agency of over 1,000 members. He served for many years as a police lieutenant,

commanding an elite special investigations unit of detectives. He has received numerous

commendations recognizing his service from agencies including the DEA and the NYPD.He taught criminal justice at the college level for 13 years and is the author or co-author

of several books, including Introduction to Homeland Security; Crime Scene Dynamics;

Fingerprints; Current Events in Homeland Security; Security Principles, Practices, and

Procedures; Intelligence Principles; and Crime Scenes.


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Brittany Nicol Contributor

Brittany Nicol pursued her passion for the law by obtaining her J.D. from San Joaquin

College of Law in her hometown of Fresno, CA. During her studies, she worked for the

Fresno County District Attorneys Ofce in the Misdemeanor and Homicide Units, gaining

invaluable experience as a Certied Law Student. Brittany graduated from California

Baptist University in Riverside, California with a Bachelors Degree in Political Science.

She currently resides in Cayucos, California with her husband, Chris.

Jennifer-Lynn Jennings Editor

Jennifer-Lynn Jennings has devoted her professional life to the craft of writing. She has

held positions such as editor, copywriter, writing instructor and news producer. She

earned an M.A. in English Language and Literature from the University of New Orleans,

and a B.A. in English Literature from the University of Massachusetts-Amherst.


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Preface

The American Courtroom has been a source of drama and emotion, one that portrays

the American experience. Perhaps no other aspect of American life has been more

exhaustively explored in both fact and ction; yet few aspects of our lives are so poorlyunderstood.

While the inner workings of the courtroom are a mystery to most, it is an arena that the

Criminal Justice or Paralegal student must understand in order to pursue their chosen

careers.

I was told early on that you learn by doing, and I have always found this maxim to be

true. The activities herein give students the opportunity to explore a number of issues

within a courtroom setting, and to discover how the law really works.

These scenarios are all based upon real cases. Some I have studied, and some I have

experienced rsthand. In most cases, Ive changed the facts somewhat to protect the

innocent and, more importantly, to create a better educational experience.

Enjoy!

Shel Silver

Icon GuideThe following icons indicate student participation and interaction.

http://www.channelcustom.com/courtroomactivities

Watch the newsstory at:

Each activity issupplemented by anewsclip. Click on theaccompanying link to viewthe newscast.

This is yourchance toprepare for,and participatein, the caselaid out in thisactivity.

These prompts aredesigned to help

you prepare forthe group activity,while capturingand summarizingthe key elementsof the case.

Use this spaceto prepare

your case orto summarizeimportantdetailsmentioned inclass.

Group

Activity

Discussion

Questions


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Conducting a Hearing

Before the activities included in this book are undertaken, an understanding of the trial

process is necessary.

Criminal trials are prosecuted by government attorneys (such as District Attorneys

or States Attorneys) who seek justice on behalf of the general public. The criminal

defendant is alleged to have committed a crime; he is represented by either a court

appointed attorney or by his own defense lawyer. In contrast, civil proceedings are

initiated by a plaintiff who is seeking compensation for a given action (or failure to act).

In a criminal trial, an opening statement is given by the prosecutor, who explains the case

and the charges against the defendant. The defendants attorney may offer an opening

statement immediately following the prosecutor, or may opt to wait until the State rests

its case. Civil and criminal court both require the plaintiff to present his case rst. It is

not until the plaintiff has rested that the defendant calls his witnesses and presents his

evidence.

The examination of a witness during a court proceeding must follow legal procedures.

The prosecutor calls his rst witness to testify on direct examination; he asks questions

in order to elicit the information he is attempting to prove, and the witness answers

accordingly. The defense attorney then cross-examines the same witness in an attempt

to discredit the testimony, witness knowledge of facts or his personal credibility. During

cross-examination, questions should be limited to the matters covered under directexamination. After cross, re-direct examination takes place, allowing the prosecution

another opportunity to question the witness in order to clarify issues or rebut information

the defense brought forth. Finally, the defense examines the witness on re-cross

examination before the witness is excused.

After the prosecutor has presented all of their evidence and examined their witnesses,

he rests his case. It is now the defense attorneys opportunity to present his case, call

witnesses and offer evidence. The order of examination is now reversed; the defense

lawyer conducts direct examination, the prosecution cross-examines, the defendant is on

re-direct, and the State re-cross examines.

Following the close of a defendants case, rebuttal ensues, where the prosecution may call

witnesses to counter the defendants case. Before the trial is complete, closing statements

are given by both lawyers to make their arguments and zealously represent their client or

the interests of the State. The judge must then issue a ruling based on the law and the

evidence presented.


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Evidence Suppression HearingThe Importance of Search Warrants: Probable Cause

Objectives:

Students will successfully simulate a pre-trial evidencesuppression hearing.

During the proceedings, an understanding of the following

shall be demonstrated:

Theprocedureforanevidentiarypre-trialhearing

SearchwarrantsandtheirrelationtotheFourth

Amendment

Theexceptionto,andlimitationsof,asearch

warrant

Thepurposeandapplicationoftheexclusionary

rule in a criminal case

Evidence Suppression

Hearing Evidence Sup

http://www.channelcustom.com/courtroomactivities

Watch the newsstory at:


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Legal Review

TheFourthAmendmentprohibitsthegovernmentfromconductingunreasonable

searchesandseizures.InaccordancewiththeFourthAmendment,thegovernmentis

required to obtain a valid search warrant signed by a judge, who will grant a search

warrantifhebelievesprobablecauseexists.Onceissued,thescopeofthesearchis

limitedtotheparticularplacesanditemsdetailedinthesearchwarrant.Executinga

warrant requires law enforcement to knock and announce their presence, unless it would

be dangerous, futile, or would result in a destruction of evidence.

Thereareseveraloccasionsinwhichthegovernmentdoesnotneedawarranttoconduct

alegallyvalidsearch.Awarrantisnotrequiredifexigentcircumstancesarepresent.A

circumstanceisexigentifofcershaveareasonablebeliefthatanemergencyrequiresan

immediateresponse.Othercommonexceptionstothewarrantrequirementinclude,but

are not limited to: searching a person after a lawful arrest is made; seizing contraband

inplainviewofanofcerifhehasalegallyjustiedreasonforbeingatthelocation;andvoluntary consent from a person legally capable of consenting.

Onceaninvestigationiscomplete,theevidenceseizedisevaluatedinapre-trial

evidentiary hearing. At the hearing, the attorney attempting to introduce the evidence

intotrialisrequiredtoproveitsrelevance.Theopposingcounselwillattempttohavethe

evidencesuppressed,andthejudgemakesthenaldecisionastowhatevidencethejury

willhear.Evidenceisrelevantifitsexistencewillmakeatheoryofthecaseseemmore

probable.However,thejudgehasthediscretiontoexcludetheevidenceifitsintroduction

will result in unfair prejudice, confusion of the issues, or a waste of the courts time.

Evidenceisalsosubjectedtotheexclusionaryrule,whichprohibitstheintroductionof

illegally seized evidence at trial.

Facts

Deborah Jenkins and her boyfriend, Jack Larson, were arrested as a result of a drug

bust. Jenkins was making dinner for her children and Jack was in the living room when

thepolice,leadbyLt.FrankKrupke,brokedownherdoor.OnlyDeborahsnameisonthe

lease,butLarsonhasbeenlivinginthehomeforthelastyear.Thepolicefoundseveral

ounces of cocaine, packaging material, scales, and a large amount of currency in smalldenominationsinJenkinsandLarsonsbedroom.Thecocainewasfoundinadresser

drawer,buttherestoftheitemswereonthebed,inplainview.Theywerebothcharged

with possession of cocaine with intent to distribute. Larson and Jackson each claimed to

have no knowledge of the cocaine.


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Onthedayinquestion,thepolicebrokedownthedoorwithoutknocking.Therewasno

otherphysicaldamagetothehousebutthehousewasturnedupsidedown.Thepolice

properly collected and tagged all of the evidence, and immediately transported it to the

police evidence room.

ThepolicequestionedJenkinsdaughters,Zoe(age2)andChloe(age8).Zoewascrying

andhadnocoherentstatementabouttheincident.Chloetoldthepolicethatshesaw

Larson with the white powder and that he said it was bubble bath and a surprise for

mommyandthatChloeshouldkeepitsecret.

AninformanttoldLt.Krupkeaboutthecocaine.Theinformant,whosenamewasnot

revealed,hasprovidedreliableinformationinthepast.Thepolicewerewatchingthe

housewhilewaitingforawarrant.Theyclaimtheyheardscreamsanddecidedtoenter

thehouseduetotheknowledgethatyoungchildrenwereinthehouse.Thewarrantwas

delivered one hour later.


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IN THE DISTRICT COURT IN AND FOR COUNTY OF CAPITAL

AND STATE OF MIDAMERICA

Search Warrant

To: FRANK KRUPKE, an ofcer authorized by law and any other ofcer authorized to execute search

warrants within the County of Capital, State of MidAmerica.

YOUR AFFIANT, having this date led an afdavit for a search warrant in conformity with the provisions

of Rule 41, MidAmerica Rule of Procedure and M.R.S. 16-3-301, et, seq., as amended, for the following

described PROPERTY, to wit:

Cocaine, packaging material, scales, currency and paraphernalia associated with its use, sales and

transportation.

Believed to be located at:

123 Main StreetCapital City, MidAmerica 00000

Upon one or more grounds set forth in Rule 41, MidAmerica Rule of Procedure and M.R.S. 16-3-30, et, seq.,

as amended, namely:

Which is stolen or embezzled; or

X Which is designed or intended for use as a means for committing a crime; or

X Which is or had been used as a means of committing a criminal offense; or

X The possession of which is illegal; or

X Which would be material evidence in a subsequent criminal prosecution in this

state or in another state

I am satised that there is probable cause to believe that the property so described is located at the premisesdescribed above and that grounds for this search warrant exist.

YOU ARE THEREFORE COMMANDED to search the premises described above and seize those items

described.

YOU ARE FURTHER COMMANDED to leave a copy of the search warrant and receipt for the property

taken with the person from whom or from whose premises the property is taken; or, in lieu thereof, to leave a

copy of the search warrant and receipt at the place from which the property is taken.

YOU ARE FURTHER COMMANDED to make return of this search warrant and a written inventory of the

property taken to the undersigned judge within ten days from date thereof.

On the basis of the information set forth in the afdavit and pursuant to M.R.S. 16-3-301, et. Seq., asmentioned, You ARE authorized to execute this search warrant in the manner set forth above.

____________________________________ ______________________________________

Dated this 4th day of July, 2008 Judge Roy Bean


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RolesDefense Attorney for Deborah Jenkins

Defense Attorney for Jack Larson

Deborah Jenkins

Jack Larson

ChloeJenkins

District Attorney

Lt.FrankKrupke

TheJudge

Instructions

In groups of two or three, use the discussion topics found in the Discussion Questions

to serve as a guide to formulate legal arguments and reasoning for the suppression or

admission of evidence gathered.

TheDefenseAttorneysforJenkinsandLarsonwillconductanevidentiaryhearingwith

thepurposeofexcludingallevidenceobtainedduringthebustfromthetrial.

TheDistrictAttorneywillopposethisexclusion,andwillseektohavetheevidenceruled

admissible.

In preparation for the hearing, all attorneys must draft questions to be asked of the

testifyingwitnesses.Thesequestionsshouldseektoelicitanswerswhichwillsupport

theircase.Theattorneysmayeachmakeanopeningstatement,callandexamine

witnesses,andcross-examinewitnessescalledbyothercounsel.Theattorneysmaythen

make closing arguments.

Thewitnesseswillaccuratelytestifyaccordingtothefactsprovidedwithinthisactivity.Thewitnessesshouldknowthecasewellinordertoaccuratelyfacilitatethehearing.

Thejudgewillassistintheproceedingbylisteninganddeterminingtheadmissibility

ofeachpieceofevidence.Thejudgeshouldhaveagoodunderstandingofcourtroom

procedures,theFourthAmendment,andtheexclusionaryrulesothatwellinformed

rulings can be made.

TIP: QUESTIONING A WITNESS

When preparing witness questions,

draftthetheanswerexpected.This

will keep the attorney focused on

eliciting the information needed, while

helping the witness to stay alert.

Group

Activity


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1. Is the fact that Larson is not on the lease important? If so, can Larson object to the

search?

2.Ifthewarrantisinvalidandpolicerelyuponexigentcircumstancesandplainview,

would the cocaine fall under this protection?

3. All of the drug paraphernalia was found in the bedroom. If the police entry was

baseduponexigentcircumstancesinsteadofthewarrant,didtheofcershavea

right to go into the bedroom?

4.ArethestatementsmadebyZoeandChloerelevant?Ifso,why?

Discussion

Questions


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