Reference no: EM133684203

Question

Why is Miranda so despised by law enforcement? Is that attitude justifiable, given the evidence you've read about? Why do you say that? To what types of evidence does the fifth amendment self-incrimination provision apply? List the Miranda warnings. Identify and define the conditions under which the police are required to give suspects a Miranda warning. What is "custody" and what is "interrogation?" Explain the difference between Fifth and Sixth amendment right to counsel. What is the "public safety" exception to Miranda? How can a suspect waive Miranda rights? How do we know a waiver was voluntary?

What factors are important in determining a witness's reliability of identification? When does the right to counsel apply to identification procedures? Why? When does due process apply to identification procedures? How? Explain the "impermissibly suggestive" per se rule. What is the effect of an unduly suggestive but reliable identification? What are the consequences of refusing to participate in an identification procedure? Explain some of the major problems with the use of DNA evidence. Identify and describe the major standards that courts use to determine admissibility of DNA evidence (e.g. Frye, Federal Rules, etc).

Define the exclusionary rule and its history. Identify the theoretical rationales for the exclusionary rule. Which did the Supreme Court adopt and why? Describe the major exceptions to the exclusionary rule. Define and explain the fruit of the poisoned tree doctrine and the major exceptions to it. Define good faith exception. Explain standing in regard to the exclusionary rule.