Term Paper on "Criminal Procedures"

Term Paper 3 pages (1008 words) Sources: 3

[EXCERPT] . . . .

defendant is found guilty and appeals. The element used for appeal rests in the fact that an undercover officer visited the convicted felon after he was arrested and incarcerated for the charge and the prosecution used conversations that occurred during those visits to help convict. The undercover officer never identified himself as a cop and it was before the trial which meant the officer questioned the defendant after arrest, after being represented by an attorney but before the trial which infringed on the defendant's right to be represented during all questioning.

The issue in this case will revolve around the fact that Art went to visit Bob after Bob was indicted and never identified himself as an undercover cop. In the beginning of the scenario Art was under no obligation to let Bob know that he worked with law enforcement as it was an undercover set up. Bob actually asked Art to help him build the bomb and to kill Carl and at that point, because he had not been arrested or charged with the crime of attempted murder Art was free by law to take the action that he took to help gather evidence that would allow Bob to be arrested and charged with the crime.

Once that arrest took place however and Bob was then indicted by the court system and the grand jury Bob was represented by an attorney of record. The law is very clear on the questioning of a person who is represented by an attorney. The issue surrounding the possible appeal of this case is the fact that Art did not at anytime identify himself as a cop during the visits to the jail following the indictment. There may also be some argument and merit to the fact that Art secretly taped the conversations that he had with B

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ob as in many states the taping of a conversation is illegal unless both parties are aware of the taping, however, there are some states, Tennessee for example, that allow taping if only one party is aware that the taping is occurring. Because the scenario does not discuss the state that this crime took place in it is wise to only argue the merit of Art visiting Bob and in that visit gathering information to use against him at his trial when he did not have an attorney present. At that point the argument is also valid that Art did not identify himself as a police officer thereby violating Bob's right to have counsel present during the visits or to even make the educated decision as to whether or not he wanted Art to visit him.

RULE

The rule of law that applies is extremely simple. It is that part of the Miranda right where the suspect or defendant is told:

You have the right to remain silent and refuse to answer questions. Anything you do say may be used against you in a court of law. You have the right to consult an attorney before speaking to… READ MORE

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Quoted Instructions for "Criminal Procedures" Assignment:

“

CRIMINAL PROCEDURE

Please answer the following question in essay form.

Art, an undercover police agent posing as a hoodlum, is asked by Bob to assist him in murdering Carl. When Art pretends to agree, Bob shows Art a bomb he is making to attach to the starter of Carl*****s car. At Bob*****s request, Art helps complete the bomb but secretly rigs it not to explode. Bob then takes the bomb to Carl*****s house alone and attaches it to Carl*****s automobile. The police, having been tipped of by Art, arrive just as Bob finishes. The immediately arrest Bob, remove the bomb and take him to the nearest police station. The police then return to Carl*****s house where they conduct a through search of both Carl*****s automobile and Bob*****s car (parked across the street). In Bob*****s automobile they find a sales receipt for the same kind and amount of explosive used for the bomb in Carl*****s auto.

Bob is charged with attempted murder. At trial, the prosecution introduced the bomb and the sales receipt into evidence. Art testifies to Bob*****s original request that Art helped him murder Carl. Art also testifies to a conversation he had with Bob when he visited Bob in jail after his indictment. In the latter conversation, Bob made damaging admissions. At no time did Art advise Bob that he was and undercover police agent. Art testifies that he secretly recorded both the conversations on a miniature tape recorder; and the recordings are introduced to corroborate his testimony. The jury finds Bob guilty.

Assuming that all Bob*****s rights are properly preserved, what legal problems are presented on appeal to the highest court of the state? Discuss.

NOTE

Please make sure to use the appropiate format (IRAC)

Use the commonly recommended format for answering essay exam questions referred to as I-R-A-C. It is easy, and the examiners are accustomed to this style. First, state the ISSUE. Second, state the RULE of law that applies. Third, APPLY the law to the facts. (This is where you will get the vast majority of your points--play with the facts--argue pro/con*****“discuss.) Fourth, state a CONCLUSION. (It*****s okay to qualify a conclusion, but you should state one.)

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