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    Warrant

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    Power point Scenario:

    18-year old Adam Jones has been arrested for shooting an undercover policeman in San Diego, California. Officer Lewis was part of a team investigating street gang criminal conduct and was out of uniform in an unmarked car when he was killed. Jones, who believed Lewis was a rival gang member, shot him from a moving vehicle with an assault rifle.

    Lewis' undercover partner arrested Jones at the scene. Jones fired the weapon from his car, so it was impounded and searched incident to arrest. Within hours of his arrest, the house he shares with his parents was searched. The warrant to search turned up photos of other gang members posing with an arsenal of ammunition and weapons. To their surprise, the officers also found counterfeit plates for US currency and piles of failed attempts to reproduce $20 dollar bills in a locked garage at his parents' home.

    Jones' blood level at arrest tested positive for heroin and marijuana. He was also in possession of both drugs. On the way to jail, Jones bragged to the officer that he had shot a policeman and that he would be a hero in prison and with his gang.

    The newly elected City Attorney responsible for prosecuting Mr. Jones is Jane Harrison. She announced before Officer Lewis' funeral that she did not intend to seek the death penalty. Under California law, using an assault weapon or killing a law enforcement officer is a "special circumstance" allowing the prosecutor to ask for the death penalty.

    During her election campaign, Harrison disclosed that she was personally opposed to the death penalty, and even though California allows it, she was not willing to ask for it even under "special circumstances" that would allow for it. Separate and apart from Harrison's personal philosophy, her opinion reflects the majority opinion of the populous of San Diego, where juries have only returned two death penalty decisions in over 50 years. She won the election handily.

    Outraged by the Chief Prosecutor's decision not to seek the death penalty, law enforcement agencies statewide have asked Harrison to recuse (excuse) herself and allow the State Attorney General to prosecute. One U.S. Senator has asked for Federal prosecution and the death penalty. This case has national attention because of the tension between the agency cry for the death penalty and the prosecutor's unusual position of defending against it.

    You work as an intern at a premium criminal defense firm in the city. On Saturday, senior partner Steve McBride received a call from a friend to say that his young son Adam had been arrested for killing a policeman and needed help. McBride agreed to help, and he will lead the defense team. He has put together a team of interns to assist him at every step. You are a key player on the intern team. Over the next weeks, you will provide briefings and research on legal and procedural matters for McBride in order to help provide the best defense for Jones.

    Albert Einstein said. "The strength of the constitution lies entirely in the determination of each citizen to defend it."

    Jones' defense will depend heavily on an understanding of the protections of the first 10 and the 14th Amendments. It will be helpful to the defense if you develop an understanding of the history of the Bill of Rights to discern the spirit and the letter of those protections.

    Prepare a presentation of 10-15 slides, with notes, that outlines the history of the Bill of Rights and the 14th Amendment application of equal protection. Explain the origin and protection that each affords a person accused of a crime in state court.

    Summarize the steps involved in processing both a felony and misdemeanor case through the criminal justice system from arrest through conviction and appeal.
    Examine the history of the Bill of Rights with focus on the Constitutional Amendments pertaining to criminal procedure and due process.

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