FinalExam-1.pdf

CJI 0530: Legal Issues in Criminal Justice (Winter
Term 2021) FINAL EXAM INSTRUCTIONS

44Your exam is due by Sunday, February 28th at 11:59pm [EST].

44The final exam covers material from the entire course.
The format of the exam is ESSAY.
You are responsible for reading all assigned readings in preparation for the exam.

44The essay questions are listed on pages 4, 5, and 6 of this document.
Select and answer four (4) of listed questions. Question number one (1) is mandatory.
Each essay response is worth 62.5 points for a total possible score of 250 points.

• Answering more than four (4) questions will NOT give you extra credit.
• If you answer more than four (4) questions, only the first (4) essays will be graded.

44The Exam Grading Rubric is on page 3 of this document
Please read the rubric carefully.
Your essay responses must be submitted via Canvas ONLY using the TurnItIn Dropbox.
Please also re-read the handouts on plagiarism under IMPORTANT DOCUMENTS.

44You must include a minimum of two (2) outside scholarly sources per essay question.
Appropriate scholarly sources include articles from academic journals, textbooks,

Supreme Court cases, and government reports (e.g., National Institute of Justice).
Magazines (e.g., Newsweek) and open-source websites (e.g., Wikipedia) are NOT suitable

sources for the final exam. The use of such sources will decrease your score.

44Your submission must be typed, double-spaced, have 1-inch margins, use Times New
Roman 12-point font, and have a cover page.
Each essay response must be at least two (2) full typed pages, NOT including references.
Include the question number but do not include the question text at the start of your essays.
Begin each essay on a new page and have a separate reference list for each essay.
Combine all essays into a single Word or PDF document. (TurnItIn will not allow you to

submit a separate file for each essay.)
This single document must have a cover/title page.

44All submissions must be original and completed for the first time, for this term and course.

44You must complete the exam individually. You are NOT permitted to collaborate with another
student. Preparing your exam as a group and/or sharing responses is strictly prohibited.

44Again, your exam is due by Sunday, February 28th at 11:59pm [EST].

Page 1 of 6

CJI 0530: Legal Issues in Criminal Justice (Winter
Term 2021) FINAL EXAM TIPS

1. Primarily rely on, and be sure to fully incorporate, the assigned course materials.
− However, you must also be sure to use outside sources that supplement and

enhance your responses.
− Remember: The outside sources you choose must be academic and scholarly.

2. Write in your own voice.
− Use direct quotes (especially long ones) sparingly, and paraphrase more often.
− YOUR understanding of the topics—not Israel’s or The

Constitution’s—is most important for your grade.

3. Read the instructions and the grading rubric carefully.
− The exam instructions and grading rubric communicate exactly what is expected.
− For example, you WILL lose points if you do not have a title page, or if you do

not have a reference page for each essay in APA format, or if you submit an essay
that is only one page long.

4. Proofread before submitting.
− It may be helpful to proofread out loud to make sure that your writing flows

properly, is clear and well-organized, and is grammatically correct.

5. Answer the questions that are being asked.
− Even the most well-written essay will not receive full credit if it does not properly

address all the issues and concepts that are in the prompt.
− It may be helpful to outline your essays before you begin writing.

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CJI 0530: Legal Issues in Criminal Justice (Winter
Term 2021) FINAL EXAM GRADING RUBRIC

Total Score Possible: 250 points
(62.5 points per Question)

DOES THE ESSAY RESPONSE
TO EACH QUESTION:

Effectively address all issues?

EXCELLENT UNSATISFACTORY SATISFACTORY

Addresses all parts
and issues within the
question. (25 pts)

o f Addresses only
parts of/issues within
the question. (5 – 20 pts)

some the address Does not

All assigned readings Some assigned readings

are others and/or missing;

No assigned readings

Reflects original
by content composed

the student in his/her
own words. Similarity
index from TurnItin
Report falls within
acceptable range: 0-
20%. (10 pts)

content composed by the
Almost no original

question properly.
(0 pts)

are incorporated. At
least two outside
scholarly sources are
incorporated. (15 pts)

are incorporated, but

fewer than two outside
scholarly sources are
incorporated. (5 – 10 pts)

are incorporated. No
outside scholarly
sources are
incorporated. (0 pts)

Includes some original

student, but relies too
heavily on sources.
Similarity index from
TurnItin Report falls
within problematic
range: 21-39%.
(5 – 10 pts)

content contained
within the response.
Similarity index
from TurnItin Report
falls within
unacceptable range:
40% or more. (0 pts)

Incorporate all relevant
assigned reading materials
AND at least two (2) outside
scholarly sources?

Reflect originality and address
the issue(s) in the student’s
own words?

• Has clearly
expressed ideas and
is well organized;
contains few, if any,
grammatical errors.

• Adheres to all
formatting
requirements.
(7.5 pts)

In text-citations and a
reference page are
included using APA
Style. (5 pts)

• Is disorganized or
unclear in some areas;
contains spelling and
grammatical errors,
but most are minor.

• Adheres to only some
requirements.
(5 – 7 pts)

In-text citations are used
and a reference page is
included, but style is not
APA. (1 – 4 pts)

• Exhibits complete
lack of structure; is
difficult to follow;
contains fragmented
ideas and/or major
grammatical errors.

• Does not adhere to
any requirements.
(0 pts)

No in – text citations
are used and/or no
reference page is
included. (0 pts)

Exhibit good writing (e.g.,
clear arguments, strong
organization, critical thinking
and analysis, correct spelling
and grammar, etc.) AND
adhere to all formatting
requirements (double-spaced,
1-inch margins, 12-pt Times
New Roman, minimum of two
full pages, etc.)?

Include in-text citations as
well as a reference page using
APA Style?

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CJI 0530: Legal Issues in Criminal Justice (Winter
Term 2021) FINAL EXAM QUESTIONS

Question #1
Carefully read the fact pattern below. Read the transcript of the 911 call, the police interview of the
911 caller, the court depositions of the arresting detective and the 911 caller. Then, identify and
discuss as many Fourth, Fifth and Sixth Amendment issues as you can.

On or about April 10, 2016 Ms. Sabrina Asesina de Perros, an eccentric and often forgetful middle
aged woman with a foreign accent, was accused of trying to drown her dog Jellybean by binding the
dog’s hind legs and neck with speaker wire and tossing it off a dock into a canal. Greg Bunch, a local
resident, and self-proclaimed citizen detective who just happened to be fishing on the dock the night of
the alleged crime, helped rescue Jellybean from the canal and called 911. Thankfully, Jellybean was
not harmed. Shortly after the 911 call, Officer Mercer, a police officer with the Boca Raton Police
Department arrived at the scene to investigate the complaint. He interviewed Bunch and a couple who
used their boat to retrieve Jellybean. The next day, this case was assigned to Detective Macy, who
interviewed Bunch, reviewed Officer Mercer’s report and the evidence gathered, including a photo
lineup, and determined that there was probable cause to arrest Sabrina and charge her with one count
of felony cruelty to animals, §828.12(2)(a), Fla. Stat. Detective Macy accompanied by Officer Zadie
then went to Sabrina’s house and arrested her. Sabrina was transported to the police station, where
Detective Macy read Sabrina “her constitutional warnings” and Sabrina agreed to talk to the
Detective. Ultimately, Sabrina was taken to the Palm Beach County jail to be booked and processed.
Jellybean was transported to Palm Beach County Animal Control to be examined. Eventually,
Sabrina’s son Eduardo retrieved Jellybean and took custody of the dog pending the outcome of his
mother’s prosecution.

Question #2
A. Of the commonly used sources of law we discussed during class-

Fourth Amendment, Terry v. Ohio (1968), Fourteenth Amendment, and Title 42 U.S.C.
§14141- which would likely be the most viable in a racial profiling case, and why?

B. Is it possible for a police officer to enforce federal immigration law without
considering the race or ethnicity of potential suspects?

C. Given the methodological difficulties associated with estimating the racial/ethnic
proportions within the driving population at large, will it ever be possible to accurately
measure a disparate impact?

Question #3
A. What were state and federal lawmakers trying to achieve when they adopted

sentencing reforms in the 1980s and 1990s?

B. How did the laws in effect at the time that Charles Apprendi (Apprendi v. New Jersey,
2000), Ralph Blakely (Blakely v. Washington, 2004), and Freddie Booker (United States
v. Booker, 2005) were sentenced deprive them of the right to a jury trial?

C. Several United States Supreme Court decisions strengthen criminal defendants’ Sixth
Amendment right to a trial by jury. If that is the case, then why has the rate of criminal
trials not increased as a result?

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Question #4
A. What are the differences between the United States Supreme Court’s “hands-off”

doctrine and its later “litigation revolution” era regarding lawsuits filed by prisoners?

B. Carefully read the fact pattern below, then answer the questions that follow:

Abby alleged that she was involved with the Floribama Bureau of Investigations in 2015 and
that her fellow prisoners learned of this and subjected her to repeated assaults. In July 2016,
Abby wrote to the Warden of North Floribama Women’s Prison (NFWP) and requested a
transfer to another facility; however, that request was denied. In August 2016, Abby claimed
that other prisoners at NFWP attempted to assault her. A week later, she asked the Chief
Security Officer Warden of NFWP for a transfer, who forwarded the request to the Warden.
Abby was offered protective custody but she refused it. Abby wrote again to the Warden
requesting a transfer to another facility, which was denied a second time. On September 22,
2016, Abby learned that other prisoners were planning to place a cocktail bomb in her cell.
She notified the Chief Security Officer of the plot, who forwarded the information to the
Warden. Abby then requested to be placed in protective custody and sought treatment from the
mental health doctor due to fear and mental anguish. Abby saw the doctor on October 10,
2016, but still did not hear back from administration regarding her other request. On October
15, 2016, she spoke with the Chief Security Officer asking protective custody placement and
for an investigation to confirm her story about the cocktail bomb plot. Her requests were
denied. On November 8, 2016, Abby said that she was slashed in the neck and left wrist by
another prisoner. The next day, she was removed from her cell block, D-Block, and placed in
another, J-Block; however, Abby alleged that she was still in fear for her safety.
Administration then agreed to place her in protective custody, but advised that the transfer
would take 3 to 4 days. Abby remained in J-Block for 56 days. While in general population in
J-Block, Abby again complained that she was threatened by other prisoners and, as a result,
she refused to shower or eat out of fear of retaliation.

i. What are Abby’s claims based on constitutional rights? Identify those rights.

ii. What is the PLRA, and how might Abby’s claims be limited by the PLRA?

iii. If you were the judge presiding over this case, what would be your ruling? Fully
explain the rationale for your decision.

Question #5
A. Describe cases that upheld and struck down confessions under the Fourteenth

Amendment due process clause. What concern did these cases cause among liberal
United States Supreme Court justices?

B. List some of the ways in which the United States Supreme Court, since Miranda v.
Arizona (1966), has watered down the protections of suspects during interrogation.

C. Why might the videotaping of interrogations protect constitutional themes better than
Miranda warnings?

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Question #6
A. What is a grand jury, and what is its relation to the Fifth and Fourteenth Amendments?

B. Compare and contrast the United States Supreme Court decisions in Hurtado v.
California (1884) and United States v. Miller (1985).

C. Many legal scholars have argued for the abolition of the grand jury system. What reasons
have they provided to support such a position? (Hint — You may refer to the following
essays: A Grand Juror Speaks and Grand Juries: Tools of Political Repression, which are
available in the FINAL EXAM section of the Blackboard course site).

Question #7
A. What are the requirements of a valid guilty plea according to Federal Rule of Criminal

Procedure 11, and how are the United States Supreme Court decisions in Boykin v.
Alabama (1969), North Carolina v. Alford (1970), and Henderson v. Morgan (1976) related
to the Rule’s requirements?

B. How is the United States Supreme Court decision in Padilla v. Kentucky (2010) related
to the validity of a guilty plea?

C. Based on the facts below and the existing case law and Federal Rule, should Sam’s guilty
plea be vacated? Fully explain your answer.
On Christmas Eve, Sam was driving 70 miles an hour on the expressway during a blizzard when
his SUV hit another vehicle. The crash killed the occupants of the other vehicle, a married
couple, Mitch and Ashley, and their young son Joe. Evidence showed that Sam did not have a
valid license and had marijuana in his car the night of the crash. Sam—who was charged with
vehicular manslaughter, pleaded guilty to the charge, and was then convicted and sentenced to
24 years in prison—has asked the court to vacate his guilty plea. Sam has argued that his
decision to plead guilty was based on a letter from his attorney in which the attorney told him
that there was no defense to the case.

Question #8
The United States Bureau of Justice Statistics
provides the flowchart below that summarizes the
most common events in the criminal justice system.
(A larger version of this flowchart is available in the
FINAL EXAM section of the Canvas course site.)
Choose one of the following major criminal cases
and discuss how it should generally progress
through the system including the prosecution,
adjudication, sentencing, and corrections stages:
• Michelle Carter texting suicide case
• Nikolas Cruz school shooting case
• Jodi Arias murder case
• “El Chapo” drug trafficking case
• R. Kelly sexual assault case

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