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Chapter 8 Case Studies

Case Study 1

Leon Keller was facing a charge of driving under the influence in Sometown. Police had pulled him over after he crossed the yellow line, and he had failed a field sobriety test. Tests confirmed his blood alcohol levels were above the legal limit, and so he had been charged. This was the first time he had been arrested and charged with a crime.

Keller, a 50-year-old man with a strong distrust of the legal system, did not want to hire an attorney. Instead, he wished to defend himself. In his mind, he had a solid defense. Keller was a man of above-average intelligence, who did not suffer from mental illness. He had attended college, but did not graduate. At his arraignment, he told Judge Jet that he wished to waive his right to counsel.

“Are you sure, Mr. Keller?” Judge Jet asked. “Yes, your Honor. I would like to defend myself against these charges.”

There was nothing to suggest that Leon Keller lacked the mental competence to defend himself. Judge Jet proceeded to give Keller a very stern warning about the dangers and disadvantages of self-representation. She asked him several questions about his education and then several more about any experience he had with the criminal justice system. Once Keller had answered her questions, the judge again asked Keller if he was absolutely sure of his decision. Keller answered that he was. Judge Jet expressed her reservations but allowed Keller to represent himself at trial. As a precaution, she appointed standby counsel.

Questions

1. What determination does a judge need to make before a defendant is allowed to represent himself or herself?

2. Did Judge Jet satisfy the requirements in the case of Leon Keller?

3. What Supreme Court decision established the right to represent oneself? What was the Court’s reasoning?

Case Study 2

Questions

1. What did the advocacy group base the appeal of Jones’s case on?

2. Other than an appeal, how else could Jones have addressed this issue?

3. In order for this kind of case to be found meritorious, what does the defendant need to be able to prove? How would this have worked out in Jones’s case?

Case Study 3

Questions

1. Suggestive measures during lineups can lead to them being discredited. What are ways that lineups can be suggestive, and how did police avoid it in this example?

2. Criminal prosecution has already been initiated, and Rachel Hanger has an attorney. What are the constitutional requirements for a lineup at this stage, and were they met?

3. If this lineup was overly suggestive and police selected a lineup certain to make Rachel Hanger stand out, what would happen to the identification and the witness’s testimony?

Case Study 4

Questions

1. Which of the three grounds—the Fourth Amendment, due process clause, or Sixth Amendment right to counsel—appears most promising for this challenge?

Case Study 5

Questions

1. The Due Process Clause of the Fourteenth Amendment prohibits admission of testimony about pretrial identifications obtained under (1) impermissibly suggestive circumstances that (2) create a substantial risk of misidentification. Should the court have admitted Davis’s testimony about her pretrial identification?

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