Description
Criminal Procedure : Law and Practice 10th (Book) / Chapters Ten, Eleven, Twelve / Answer the following questions:
Chapter Ten
- Define, compare, and contrast the Kirby and Wade-Gilbert rules. Do you agree or disagree with each rule? Explain your position.
- Define, compare, and contrast the Daubert and Frye doctrines. Which one will, in general result in the introduction of more scientific evidence? Explain your position. Which rule do you think is best? Explain your position.
- What is the current position of the U.S. Supreme Court on the reliability and admissibility of polygraph evidence? Do you think polygraph evidence should be admissible in court? Why or why not? Explain your position.
Chapter Eleven
- Specify three types of situations where statements obtained in violation of Miranda, or evidence obtained from such a statement, can still be utilized as evidence. Do you agree or disagree that such exceptions to Miranda should be allowed? Explain your position.
- Compare and contrast U.S. v. Henry (1980) with Illinois v. Perkins (1990). Take a stance on each of these two positions, and explain your reasons. Can these two decisions be reconciled, or do you believe that they are too contradictory in nature for this to be possible?
- Miranda warnings are required during police custodial interrogation. How is “custody” defined for Miranda purposes? Give two examples of interrogation situations where custody would exist, and two where it would not.
- Discuss ONE of the following cases: Edwards v. Arizona (1981), or Arizona v. Roberson (1988), or Minnick v. Mississippi (1991). Is the case that you selected consistent with Miranda? Has the law as represented in this case evolved to benefit defendants rather than the government?
Chapter Twelve
- The Sixth Amendment provides defendants a number of rights. Discuss these rights and how they apply in the criminal justice process.
- The Constitution does not require a unanimous verdict in criminal cases. Many states and the federal system do require a unanimous verdict. Should all criminal trials be required to have unanimous verdicts? What practical issues might result?
- There are two kinds of challenges the prosecutor and the defense lawyer can use when selecting a jury. What are they and how do these challenges differ? Which challenge is bad for the defendant, and why?