JUSTICE UNDER THE LAW SEMESTER EXAM -- PART 2
NAME: ______________________________
DIRECTIONS: Examine the fact situation below CAREFULLY. Then, in your journal, write three detailed essays addressing each of the following:
A. You are the attorney representing the government in the prosecution of the boy, Ryan. What is your argument that the evidence is admissible at his trial? Draw upon precedents that you feel support your argument.
B. You are the attorney representing Ryan. What is your argument that the evidence is NOT admissible at his trial? Draw upon precedents that you feel support your argument.
C. You are the judge at the pre-trial conference concerning the admissibility of the evidence. Decide the question, drawing upon the precedents you used to assist you.
Mary, a 12-year-old girl, is assaulted and raped while on the way home from Trenton Middle School (the assault does NOT take place on the school grounds). She is not able to give much of a description of her assailant as he was wearing a Halloween mask, but says the assailant's voice and size led her to believe he was middle school age, and she did notice that he had a "Trenton Middle School" jacket on. She also says she fought back and is sure she scratched the boy on his upper thigh and on his arm. The next morning, the police go to the Trenton Middle School (which is located next to the school district's high school) and, aware that the students are required to shower after phys ed classes, requests the boys phys ed teacher inform them if he notices any students with fresh scratches or bruises anywhere on their bodies (they do NOT tell him where the girl says the scratches were on the assailant's bodies). During the lunch period, the phys ed instructor informs the police that one boy named Ryan in the third period class had two fresh, deep scratches on his buttocks as well as scratches on his left arm. With this information, the police ask the principal to open the boy's locker and when they do, they find a jacket with "Trenton Middle School" emblazoned on it. The boy, age 14, is then summoned to the principal's office. When confronted with the victim's statement and the phys ed teacher's observation, Ryan denies any involvement. The police then order the boy to roll up his left shirt sleeve and, when he does so, it reveals fresh scratch marks. At this point, the boy is strip-searched, revealing scratches on his buttocks. Ryan is put in handcuffs, informed of his MIRANDA rights, and taken to the police station, after which his parents are called.
DIRECTIONS: Examine the fact situation below CAREFULLY. Then, in your journal, write three detailed essays addressing each of the following:
A. You are the attorney representing the government in the prosecution of the boy, Ryan. What is your argument that the evidence is admissible at his trial? Draw upon precedents that you feel support your argument.
B. You are the attorney representing Ryan. What is your argument that the evidence is NOT admissible at his trial? Draw upon precedents that you feel support your argument.
C. You are the judge at the pre-trial conference concerning the admissibility of the evidence. Decide the question, drawing upon the precedents you used to assist you.
Mary, a 12-year-old girl, is assaulted and raped while on the way home from Trenton Middle School (the assault does NOT take place on the school grounds). She is not able to give much of a description of her assailant as he was wearing a Halloween mask, but says the assailant's voice and size led her to believe he was middle school age, and she did notice that he had a "Trenton Middle School" jacket on. She also says she fought back and is sure she scratched the boy on his upper thigh and on his arm. The next morning, the police go to the Trenton Middle School (which is located next to the school district's high school) and, aware that the students are required to shower after phys ed classes, requests the boys phys ed teacher inform them if he notices any students with fresh scratches or bruises anywhere on their bodies (they do NOT tell him where the girl says the scratches were on the assailant's bodies). During the lunch period, the phys ed instructor informs the police that one boy named Ryan in the third period class had two fresh, deep scratches on his buttocks as well as scratches on his left arm. With this information, the police ask the principal to open the boy's locker and when they do, they find a jacket with "Trenton Middle School" emblazoned on it. The boy, age 14, is then summoned to the principal's office. When confronted with the victim's statement and the phys ed teacher's observation, Ryan denies any involvement. The police then order the boy to roll up his left shirt sleeve and, when he does so, it reveals fresh scratch marks. At this point, the boy is strip-searched, revealing scratches on his buttocks. Ryan is put in handcuffs, informed of his MIRANDA rights, and taken to the police station, after which his parents are called.