Final Project Instructions
For your final project, you will choose the side of the defense attorney or the prosecuting attorney. You can only choose one side. With your role in mind, read the fact pattern and then read the instructions below.
Facts:
A murder was committed in a small town and John B. Bad is the main suspect. After visiting the scene where the victim’s body was found, the police find a library card for John B. Bad nearby. The victim’s body was found in a wooded area with a lot of mud and vegetation around. The police go to John B. Bad’s house and knock on the door. The police ask John B. Bad if he has a moment to talk about the murder that occurred. John B. Bad invites the police in to the living room area. While in the living room, one of the detectives sees shoes on the ground that have mud on the soles. The detective takes the shoes as evidence and John B. Bad is asked to come to the station for questioning. John B. Bad agrees to come to the station and drives in his own vehicle. When he arrives at the police station, he is not handcuffed and is asked if he would talk to investigators in an interview room. John B. Bad agrees and he is led to an interview room. Again, he is not restrained in the interview room, but there are three detectives in the room and one of them is sitting in a chair blocking the door to go out of the room. John B. Bad is not read his Miranda rights, but the investigators begin to question him about his relationship with the deceased victim. John B. Bad denies having any relationship and says that he was at home alone during the time of the murder. While in the interview, a witness comes forward and says that they saw a person running away from the wooded area earlier in the day. The witness is asked if they would view a photo lineup and they agree. A detective who is not involved in the case shows the lineup to the witness. In the lineup are 6 individuals, with one of the 6 being John B. Bad. Five of the filler photos are of people who are similar in features and age, but John B. Bad’s photo shows him as quite older and having solid gray hair. The other people in the lineup are young, with not a single gray hair visible. The witness views the lineup but is hesitant to make an identification. The detective showing the lineup, who is sitting across from the witness, says to just make your best guess. After viewing the lineup a bit more, the witness circles John B. Bad’s photo and signs and dates the lineup. Shortly after, John B. Bad is arrested and charged with the murder of the victim.
Instructions for Your Paper:
1. Pick a side. You are either acting as the defense attorney for John B. Bad or you are acting as the prosecuting attorney.
A. DEFENSE ATTORNEY: If you are acting as the defense attorney, write at least two pages on issues in the fact pattern that you could argue in a motion to suppress to have the evidence SUPPRESSED/MADE INADMISSIBLE. Make sure you address each issue you see that you think can be suppressed. If you need more info on one issue, then talk about what information would be necessary to know in order to make your argument that the item or evidence should be suppressed. You must support your argument with case law or a statute or a constitutional amendment(s). You can use cases we learned within the course or (if familiar with WestLaw) you may find other case law. Make sure you cite any case/statute/amendment with the proper citation so I can check it!
B. PROSECUTING ATTORNEY: If you are acting as the prosecuting attorney, write at least two pages on issues in the fact pattern that you could argue SHOULD NOT be suppressed. Make sure that you address each issue you see and argue why it should not be suppressed. If you need to add more information (or assume more information) to make your argument, then you can do so. You must support your argument with case law/statutes/constitutional amendment(s). You can use cases we learned within the course or (if familiar with WestLaw) you may find other case law. Make sure you cite any.
