1) A bank was robbed by a man with a small strip of tape on each side of his fac
ID: 445930 • Letter: 1
Question
1) A bank was robbed by a man with a small strip of tape on each side of his face. An indictment was returned against David. David was then arrested, and counsel was appointed to represent him. Two weeks later, without notice to David’s lawyer, an FBI agent arranged to have the two bank employees observe a lineup, including David and five or six other prisoners. Each person in the lineup wore strips of tape, as had the robber, and each was directed to repeat the words “Put the money in the bag,” as had the robber. Both of the bank employees identified David as the robber. At David’s trial he was again identified by the two, in the courtroom, and the prior lineup identification was elicited on cross-examination by David’s counsel. David’s counsel moved the court either to grant a judgment of acquittal or alternatively to strike the courtroom identifications on the ground that the lineup had violated David’s Fifth Amendment privilege against self-incrimination and his Sixth Amendment right to counsel. Decision? Please explain.
2) True or False :
Paul grabs Don and threatens to stab him with his knife if Don doesn’t help Paul commit a robbery. If Don helps Paul and is prosecuted, Don would have a valid defense called self-defense.
3) True or False :
It is against the law to write a check when the writer of the check knew that there was insufficient money in the account to cover the check.
Explanation / Answer
1. without having any proof it is not correct to decided that David is the robber only. they do not have any live proof, and based on the actions the court should not take the decision and should not announce its comment. court requires any proof of document to announce any person as victim or accused. in this case no proper proof is there. so, David should not take into custody with the available information.
2. true
3. true
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