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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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