Reference no: EM133601173

Case Study: 1. Chris Coke was arrested for selling cocaine. The state's evidence is that a reliable confidential informant who had bought from Chris in the past purchased fifty dollars of cocaine from Chris. On this occasion, the confidential informant was given fifty dollars of police funds, wired with a hidden video recorder, and followed to Chris's residence. Investigator Lockemup saw the confidential informant go inside the residence and then come back out in a matter of minutes. Lockemup met the confidential informant a few miles down the road and recovered the cocaine and video recorder from the confidential informant. Lockemup viewed the recording and saw Chris sell cocaine to the confidential informant. Lockemup is using this confidential informant to purchase drugs from several people around Smallville and does not want his name disclosed until the operation is complete. What should Lockemup do?

Questions:

1. Summarize the different options for pretrial release.

2. What is the purpose of an initial appearance and what are the accused's rights at an initial appearance?

3. Amy was arrested for shoplifting designer clothing. Because the value of the merchandise stolen was greater than five thousand dollars, she was charged with theft of property in the first degree.

She has a long history of property offenses and has been given a high bond because of her past history. Amy is eight months pregnant, but the jail does not want to incur her hospitalization expenses for labor and delivery. What can the jail request in order to avoid Amy's medical costs?

Jacob Arstop was arrested for trafficking in marijuana. He was caught in possession of ten pounds of marijuana and admitted to selling marijuana to support himself. He also admitted to using marijuana and having dependency on marijuana. Jacob cannot make bond but has asked to be released to a drug rehab program while he awaits trial. Explain what the judge's options will be for Jacob's request.

5. When is the appropriate time to ask for a change in pretrial release conditions?

6. What is the purpose of the preliminary hearing?

7. What should an officer do when he or she receives a subpoena to testify in a preliminary hearing?

8. Explain the different pleas that can be entered at arraignment.

9. Summarize the effects of a plea bargain on all parties.

10. What are the elements of a valid guilty plea?

15. Does the defendant have the right to exculpatory evidence at the time of plea? What is the rationale for this rule?

16. What types of evidence can be challenged at a suppression hearing?

17. Who has the burden of proof at a suppression hearing?

18. What two issues of competency must be proven to the court to allow the prosecution to proceed with trial against the defendant?

19. Is it possible for a defendant's competency to change during the course of a criminal proceeding?

If so, give an example.

20. Explain other possible pretrial hearings and what can occur at those hearings.