Description
Read the scenarios and then provide a short analysis based on the questions that follow.
1. 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.
answering the following questions
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
2. 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.
Answer the following questions
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
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