Welcome back to the Law School Toolbox podcast! Today, we're focusing on criminal procedure, specifically two constitutional protections afforded to accused persons by the 5th Amendment – the privilege against self-incrimination, and Miranda rights.
In this episode we discuss:
- Rules and scope of the privilege against self-incrimination
- The three ways in which the privilege against self-incrimination can be eliminated
- When is a suspect entitled to Miranda rights?
- In what situations can Miranda rights be waived?
- How to structure your essay when self-incrimination and Miranda rights are at issue
- Analyzing two hypos from California bar exam criminal procedure questions
Resources:
- “Listen and Learn” series (https://lawschooltoolbox.com/law-school-toolbox-podcast-substantive-law-topics/#listen-learn)
- California Bar Examination – Essay Questions and Selected Answers, July 2009 (https://juraxbar.com/wp-content/uploads/2016/04/July-2009-CBX.pdf)
- California Bar Examination – Essay Questions and Selected Answers, July 2014 (https://juraxbar.com/wp-content/uploads/2016/04/July-2014-CBX.pdf)
- First Hand Guide to 1L Courses – Criminal Law (https://lawschooltoolbox.com/firs-hand-guide-to-1l-courses-criminal-law/)
Download the Transcript (https://lawschooltoolbox.com/episode-290-listen-and-learn-privilege-against-self-incrimination-and-miranda-rights/)
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Thanks for listening!
Alison & Lee