This lesson is the second lesson reviewing Miranda v. Arizona, 384 U.S. 436 (1966). This lesson explores issues relating to the assertions by a suspect of the rights provided by Miranda--the right to silence and the right to an attorney prior to questioning; the application of the exclusionary rule to violations of Miranda; and exceptions to and limits on the Miranda rule.
In addition to the limitations imposed upon interrogations by Miranda, the Due Process Clause of the Fourteenth Amendment and the Sixth Amendment right to counsel also constrain law enforcement authority in the interrogation context. This lesson will discuss those additional constitutional limitations. Although it isn't necessary to have mastered the Miranda limitations at this point, some familiarity with those standards will be helpful.
In this lesson, you will review both the theory and the application of the plain view doctrine.
This lesson examines the so-called "plain view" exception to the warrant requirement. Even though the Fourth Amendment contains a warrant requirement, the United States Supreme Court has recognized numerous exceptions to that requirement, including the plain view exception. This lesson is intended for students who have studied this issue in class and wish to refine their knowledge.
These two exercises are offered to familiarize students with what prosecuting and defense attorneys do from the time an investigation begins until trial preparation and why they do it. Special attention is given to correspondence, pleadings, and the guilty plea. The framework for both exercises is federal practice.
These two exercises are offered to familiarize students with what prosecuting and defense attorneys do from the time an investigation begins until trial preparation and why they do it. Special attention is given to correspondence, pleadings, and the guilty plea. The framework for both exercises is federal practice.
The requirement of "probable cause" is an integral part of the Fourth Amendment. The Amendment specifically provides that a warrant may not issue except on probable cause. In addition, some exceptions to the warrant requirement necessitate a finding of probable cause. This lesson examines the concept of probable cause under the Fourth Amendment. This lesson is intended for students who have studied the concept of probable cause in class and wish to refine their knowledge and understanding.
This lesson reviews the concept of probable cause as defined and applied by the United States Supreme Court.
This lesson is intended to provide students with an introduction to the right to counsel at trial. It covers such issues as the right of indigents to state-provided representation, as well as the rights of non-indigents. Issues such as the right to proceed pro se and the right to the "effective" assistance of counsel will be covered in other lessons.
This lesson explores some of the basic issues surrounding one of our most basic constitutional rights, the right to a trial by jury. The lesson explores the issues of what constitutes a "criminal prosecution" requiring a jury trial, as well as the issues of size and unanimity requirements for a "jury" to pass constitutional muster. Issues relating to the selection and composition of the jury--the make up of the jury pool, the use of preemptory challenges, etc.--and what decisions must be made by the jury, are the subject of a separate lesson.
This lesson provides the basic framework for the search incident to arrest exception to the warrant and probable cause requirements the U.S. Supreme Court set forth in Chimel v. California in 1969.
This lesson, part one of three lessons on searches and seizures with a warrant, addresses issuance of warrants. This involves basic principles about search and arrest warrants, who can issue them, the "preference" for warrants, and concepts of probable cause, particularity and nexus. The second lesson concerning warrants, "Searches and Seizures with a Warrant: Issuance of the Warrant 2" includes a detailed example of an application for a search warrant and the search warrant issued based on this application. These provide opportunities to identify potential shortcomings in both documents.