Gardner, T., & Anderson, A. (2016). Criminal evidence: Principles and cases (9th ed.). Belmont, CA: Wadsworth. ISBN: 978-1-285-45900-4. Note: This is the only textbook you are required to purchase for the course.
Answer in Question-and-Answer format. You must use the book chapters 12.
When you use the book, please citate the answer as so:
(Gardner, 2015, Chapter #, Section: title) I was told to put the section title because there are no numbers that I’ve seen. So, the section title is fine please.
Please don’t forget to cite each of the answers with corresponding book chapter
Class Discussion Question
- When a confession is used as evidence, corroborating evidence must also be provided to prove corpus delicti (that the crime was committed). The courts have ruled that a confession alone will not sustain a conviction. What are the concerns that have been expressed in allowing a confession alone to sustain a confession? Do you feel that these concerns are legitimate? Why or why not?
Week 11 – Chapter Review Questions (Ch. 12)
Chapter Review Questions
- State the factors to be considered in the “totality of the circumstances” test.
- What is the difference between the Fifth Amendment rights of a person during a custodial interrogation and the Sixth Amendment rights of a person charged with a crime? Be sure to provide examples. (Hint: compare and contrast the Massiah rule with Miranda.)
- When does a person have a right to an attorney?
- Discuss and describe three interrogation situations where Miranda warnings are not required.
- Explain the Bruton rule and give an example. What are some of the things the prosecution can do to deal with Bruton problems?
- Under what circumstances may a confession be deemed unconstitutional? Discuss each.
- Discuss the application of the “Totality of the Circumstances” test when it comes to juveniles.
- Define and discuss the “14-day Rule”.
- Discuss Miranda in relation to questioning during a booking procedure.
- List the situations when the Miranda warnings are not required.
(Hint: I counted 13 situations when the Miranda warnings are not required, from page 295 through page 303.)
(Note: I am only asking that you list or identify each one; you do not need to explain each one. However, you will need to understand these situations, as they are good testable material.)
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