4 / 19 /12 Journal 48

1. 4/19/12 Journal 48 • Objective: Examine the right to a fair trial in the Dwight Dexter case. • Warm-up: matching exercise/handout • Homework: Read Jury Selection and answer questions.

2. 4/18/12 Journal#78 • Objective: Identify the rights associated with due process. • Warm-up: What is due process? • Homework: CAP project

3. The Murder of Floyd Babb • You represent lawyer teams from the Criminal Bar Association, an organization that reviews criminal cases to ensure that the rights of the accused are upheld in the criminal justice system. • You will examine three exhibits relating to the fictitious capital murder case of death row inmate Dwight Dexter. You will discuss and answer questions to guide you in understanding these exhibits and how they relate to the rights of the accused. • You will then write a legal brief outlining whether you believe that Dexter was afforded his constitutional rights during the criminal justice process.

4. Your job is not to determine guilt or innocence. • Your job is to examine the records of the crime and trial and determine whether or not Dwight Dexter’s rights have been upheld.

5. Day 1 • Background of Case (recording 18) • What might implicate Dwight Dexter in the murder of Floyd Babb? • Review search and seizure and arrest procedures • “The Investigation into the Murder of Floyd Babb” (recording 19) • What important knowledge does Deborah Sneed Provide? • Examine Exhibit 1a and 1b and answer questions in packet • Homework: add information to t-chart.

6. Search and Seizure • Suspects are to be “secure in their persons, houses, papers and effects” and protected against unreasonable search and seizure. • Police must conduct reasonable searches and seizures that do not go against a person’s “reasonable expectation of privacy” • Searches without a search warrant can be conducted only when special circumstances exist, such as during the commission of a crime and at airports. • Search warrants must be based on probable cause and must describe the exact place to be search and the items to be seized. • The exclusionary rule protects suspects from evidence that is seized illegally. Any illegally obtained evidence is inadmissible in court.

7. Arrests • Arrest warrants must be issued by a judge and must be based on probable cause. • Upon arrest suspects must be informed of the following rights: • Right to remain silent • Right to an attorney • The right to an attorney during questioning • The right to an attorney free of charge • Any statements offered by a suspect before he or she is read the Miranda warnings cannot be offered as evidence in a trial. • Upon booking, suspects are informed of the charges against them. • Suspects have the right to make a phone call.

8. 4/20/12 Journal • Objective: Examine the right to a fair trial in the Dwight Dexter case. • Warm-up: Who is: • Floyd Babb? • Dwight Dexter? • Sherriff Dodd? • Morgan Livingston? • Randolph Stone? • Deborah Sneed? • Homework: CAP projects!

9. Day 2 • Review t-charts • Review Jury selection process • Review Bastonv. Kentucky and Strickland v. Washington • “The trial of Dwight Dexter” (track 20) • What key information is obtained from the testimony of Morgan Livingston? • What oservations can you make about Dexter’s attorney? • Documents B questions. • Homework: Update t-chart

10. Trial by Jury • Jury must be impartial and consist of members of the local community • In selecting jurors lawyers and judges question jurors to determine that they are impartial. Judges must approve most lawyers objections to a juror. • Peremptory challenge: a challenge to a juror that is made without a reason, the number of these each lawyer is given are limited. • If prosecutors try to exclude jurors based solely race, they may be asked to explain or ordered to change their approach • Prosecutors cannot use peremptory challenges to exclude jurors solely on the basis of gender.

11. 4/25/11 Journal 83 • Objective: Examine the appeals process in the Dwight Dexter Case. • Warm-up: What is an appeal? Why would an appeal take place? • Homework: • Summarize Brady v. Maryland, Strickland v. Washington and Bastonv. Kentucky • How does each relate to the Dexter case

12. Day 3 • “The appeals process of Dwight Dexter” (track 21) • What key information do we obtain from Randolph Stone’s interview? • Examine Exhibit C 1 and 2 and complete questions • Complete t-chart

13. Brady v. Maryland • The Defendant appealed his conviction on the grounds that the prosecution concealed evidence that might have influenced the sentence. The Supreme Court decided that withholding evidence violates due process “where the evidence is material to guilt or to punishment.”

14. Right to Counsel (adequate) • Strickland v. Washington: a defendant charged that his rights had been violated when his lawyer did not find enough evidence to avoid the death penalty. The court upheld the defendants conviction but stated that defendants are entitled to “reasonably effective assistance” of counsel. The court said that for defendants to claim ineffective counsel, they must show that errors made by the attorney were sufficient to prevent a fair trial.

15. Bastonv. Kentucky In the case the prosecutor used his 4 peremptory challenges to exclude four black jurors, leaving an all white jury to decide a case involving a black defendant. The Supreme court ruled that peremptory challenges based on race are unconstitutional. Lawyers using peremptory challenges can be asked to define the reason if the court believes it is a racial issue.

16. Day 4 • Write your Amicus Brief!