COLLEGE OF DU PAGE

CRIMJ 1151 – CONSTITUTIONAL LAW

Professor Tauya Forst

Course Project – Instructions

Please read pages 53 through 68, 73 of your workbook, Court Transcripts: A Window on the Criminal Justice System.  The defendant, Robert E. Martin, has been charged with the felony offense of Aggravated Possession of a Stolen Firearm.  The defendant has pleaded not guilty and the case has been set for a trial (to be held at some date in the future).  Chris Kelley, the attorney for the defendant, has filed with the court a Motion to Suppress the defendant’s confession as well as the gun that was seized from the defendant by Officer Friendly.

The defense attorney filed a Memorandum in Support of the Motion to Suppress (page 57).  The Memorandum states the reasons why the defense feels the judge should grant the Motion.  The prosecutor, Mary Fitzsimmons, in response, filed with the court a Memorandum in Opposition to the defense Motion (page 63).  The court has taken the Motion under advisement and will issue a written opinion in which the judge will state how the court has ruled and will provide a detailed explanation for its ruling. 

For this project, you are to play the role of the judge in this case.  As the judge, you must complete two case briefs in which you conclude whether both defendant’s Motion to Suppress the confession as well as suppression of the gun is granted.  You are to provide two case briefs in which you indicate 1) whether you are granting or denying suppression of the confession (in the rationale section) and 2) whether you are granting or denying the suppression of the gun (in the rationale section) should the case go to trial.  Further, you are to state in your opinion what specific Constitutional rights of the defendant are at issue.  Then you are to state with specificity your reasoning in ruling as you have. In stating your reasoning, you should refer to the facts (as you know them) of the case, the applicable law, as well as your constitutional analysis.  You must use the attached form (with case heading) to write your opinion.  

Please use this form for your assignment.  Erase this instruction line.

CIRCUIT COURT OF THE STATE OF ILLINOIS

FOR THE COUNTY OF COLUMBIA

The People of the State of Illinois, )

Plaintiff, ) Case No. CF14-0951

v. ) MOTION TO SUPPRESS

) OPINION

Robert E. Martin )

Defendant. )

________________________________________________________________________

In the above-entitled matter, the court has taken the Defendant’s Motion under advisement. The court will now issue it’s ruling on the Motion and states its reasoning as follows:

Confession

Facts   /10

Issue  /10

Holding  /10

Rationale  /5 grant or deny – /15 

Gun Evidence

Facts   /10

Issue  /10

Holding  /10

Rationale  /5 grant or deny – /15 

CIRCUIT COURT OF THE STATE OF ILLINOIS

FOR THE COUNTY OF COLUMBIA

The People of the State of Illinois, )

Plaintiff, ) Case No. CF14-0951

v. ) MOTION TO SUPPRESS

) OPINION

Robert E. Martin )

Defendant. )

________________________________________________________________________

In the above-entitled matter, the court has taken the Defendant’s Motion under advisement. The court will now issue it’s ruling on the Motion and states its reasoning as follows:

Confession – All sections should be written in complete sentences.  You should not include any analysis, thoughts, connections or otherwise until the decision section.

Facts (at least 5 relevant sentences)  Describes what the case is about but doesn’t include legal conclusions (such as what court a case is in or went through).

Issue (1 sentence)  Describes what question the court will answer.  Format:  Whether plus facts (from the fact section) plus law (that the court relies upon to make decision)?

Holding (1 sentence)  Answers the issue question and restates the question.  Format:  Yes/No, restatement of issue question only.

Rationale (at least 10 sentences)  Describes and analyzes how the court came to their conclusion.  Format:  Begins with the law stated in the issue statement (fully states this law and any exceptions to the law), fact application (from fact section), Conclusion/Decision (indicates what decision the court arrived at).

Gun Evidence

Facts (at least 5 relevant sentences)  Describes what the case is about but doesn’t include legal conclusions (such as what court a case is in or went through).

Issue (1 sentence)  Describes what question the court will answer.  Format:  Whether plus facts (from the fact section) plus law (that the court relies upon to make decision)?

Holding (1 sentence)  Answers the issue question and restates the question.  Format:  Yes/No, restatement of issue question only.

Rationale (at least 10 sentences)  Describes and analyzes how the court came to their conclusion.  Format:  Begins with the law stated in the issue statement (fully states this law and any exceptions to the law), fact application (from fact section), Conclusion/Decision (indicates what decision the court arrived at).

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