GENERAL INSTRUCTIONS

1. You have three (3) hours to complete this exam.

2. This exam is closed book; no materials are allowed.

3. There are two parts to this exam. Part I is to be answered on a ParScore form. Part II is to be answered in blue books (or typed). If you answer Part II in a blue book, please write on every other line.

Part I: Consists of 30 multiple-choice questions. Each question is worth 1 point.


Total for Part I: 30 points.

Part II: Consists of one essay question, which is worth 30 points.

Total for Part II: 30 points.

Total possible points in the exam: 60 points

4. Darken the letter corresponding to the correct answer on the ParScore answer sheet. If you change your answer, please be sure that your erasures are complete. The exam will be scored by a machine and any ambiguities will be counted as a wrong answer.

5. Please write your essay response in the blue books provided. Please write clearly. Write on every other line and every other page to permit instructor comments.

6. Write your exam number on the exam envelope, at the top of every page of this exam packet, on the ParScore answer sheet and on all used blue books. Do not use your name, student ID number, or Social Security Number on any exam materials.

7. At the conclusion of the exam, place all test materials, including this exam packet, scratch paper, blue books, typed essay answers, and your ParScore answer sheet into the exam envelope, and submit it to the proctor. Do not seal the exam envelope. Students who do not return all exam materials at the end of the exam may not be graded.

GOOD LUCK!


PART II – ESSAY

Deal with all issues raised even though you believe disposition of one is controlling.

PEOPLE V. CHARLES DEE

Charles Dee is on trial for first-degree murder. The State alleges that he killed two people during a home invasion. At trial, the following evidence is presented. The defendant did not testify. Discuss any objections that should have been made to the following, the counter arguments (if any) and the likely ruling.

1) Officer Tony Prosciutto testified that


a. Dee signed a written confession in which he admitted to killing the two victims after they came home and found him robbing their home.
b. Dee had previously been convicted of home invasion in the same neighborhood, but the proceeds from the previous home invasion have never been recovered.
c. One of the items stolen in the first home invasion was a gun of the same caliber that was used to kill victim.

2) Sam Snitch testified that he was Dee’s cellmate for three weeks before trial. He testified that Dee told him, “yeah I did the murders, but my attorney told me that I was going to walk if I stuck to my story about the cops abusing me.”

3) Sam Snitch also testified that the prison chaplain came to Dee’s cell one night to talk. Sam pretended to be asleep. Dee said, “Sam are you awake?” When Sam did not respond, Dee said to the chaplain, “Father, I feel so bad for what I did to those poor people. If only they hadn’t come home! Please tell me what I can do to wash this sin from my hands!”

4) On cross examination, Sam Snitch admitted that eleven years ago he was convicted of aggravated assault, and that two years ago he had pleaded guilty to charges of fraud.

5) The defense called Nolly Neighbor to testify that two days before the robbery, she saw “a shifty looking woman in the neighborhood.” She testified that she “looked like she was casing the place” and that “it was clear that she was up to no good.”

END OF EXAM