Executive clemency consists of the reprieve, the commutation, and the pardon.
a. True
b. False
(Question #2) When data is collected in such a way that the people being studied are unaware that they are part of a study it is called _____________.
a. direct observation
b. systematic observation
c. snooping
d. nonreactive data
e. indirect observation
(Question #3) Was Doyle predisposed to sell drugs as a drug dealer?
Undercover State Trooper Vinny, assigned to an FBI task force investigating local motorcycle clubs suspected of selling narcotics, was introduced to members of the Longriders Motorcycle Club in Ludlow by cooperating informant (snitch) William Donais. (Donais agreed to cooperate with authorities after being arrested for a traffic incident. He was paid more than 100,000 for his work over a period of several years and received other benefits including housing and a motorcycle, which was necessary to maintain his role as a member of the Longriders Club.) Willie the snitch introduced Vinny to James Doyle (the defendant), a former president of the Longriders Club. On June 4, 1999, Vinny attempted to arrange a 500 purchase of cocaine from Doyle Longriders Club's clubhouse, using Donais as an intermediary. Doyle took Vinny into the clubhouse's bathroom, locked the door, gave Vinny his money back, said he needed more time to procure the cocaine, and said that he did not do business over the telephone. On July 8, 1999, Vinny again met Donais and Doyle at the clubhouse and purchased cocaine for 650. Vinny protested the increased price; Doyle explained that the price was higher because he was getting it from a different guy now; and that the other guy was in jail and the police were attempting to deport him. Doyle based his entrapment defense at his 2003 trial on the testimony of numerous witnesses (all Doyle's friends and associates) that he had undergone treatment for a cocaine addiction in 1997 and was no longer addicted or predisposed to use or sell cocaine at the time that the government, through Donais, infiltrated the Longriders Club in January 1998. They testified about Donais's persistent attempts to persuade Doyle to use and procure cocaine and about Donais's intimidating physical appearance. The defense also presented evidence that Donais was a cocaine addict but the judge refused to admit evidence showing that Donais died of a cocaine overdose in 2003.
What will be an ideal response?
(Question #4) Describe the exclusionary rule and fruit of the poisonous tree.
What will be an ideal response?
(Question #5) Did probable cause exist to continue to hold Pitt in custody exist after the showup? Were police malicious in continuing to hold Pitt in custody after the showup?
At noon two senior citizens were robbed by a man who followed them into their apartment. Mrs. Feldman called 911 and described the robber as a black man around 5'8 tall with a medium complexion and dark hair, who was wearing a black leather jacket and a beige-y shirt; the perpetrator did not use a weapon. A building employee, Dade, saw the robber, followed him, and was told to back away. The robber ran off. Alerted police officers saw Christopher Pitt, who matched the perpetrator's description. They followed his car; he was not speeding. Pitt was stopped, arrested and handcuffed. His clothes and physical characteristics matched the description of the robber. A consent search of Pitt's vehicle revealed a hunting knife and a BB gun. Pitt worked as a courier and kept the weapons for protection. He provided the police list of his deliveries and receipts for recent deliveries to the Kuwait embassy. Police officers brought the Feldmans and Dade to the arrest site. In a showup Mrs. Feldman told police that she got a good look at the robber and that she was certain he was not Pitt. Mr. Feldman said he did not think the robber was Pitt. Dade could not be sure whether Pitt was the robber. A police lieutenant who viewed building security tapes of the robbery said he thought was Pitt was the robber. The court noted that the video shows that the perpetrator clearly had a receding hairline, while Pitt has a full head of hair and to be stockier than Pitt. At that time Detective Bovino investigated Pitt's alibi about making embassy deliveries. A guard at the Kuwaiti Embassy later testified at the civil trial that a Chris had been at the embassy on the day of the robber but a detective testified that the guard told him that he hasn't seen Chris today. The arrest affidavit made by Officers Adams and Baxter contained absolutely no mention of the Feldmans' negative identifications. Pitt spent ten days in custody. The case was later dismissed. Pitt sued Officers Adams and Baxter and Detective Bovino and the District of Columbia for false arrest and malicious prosecution. Such a suit depends in part on whether there was sufficient evidence for the police to arrest a suspect.
What will be an ideal response?
Quick Reply
