Essay Writing Tips

Question 1

The Florida Constitution guarantees ___ _______ of law to the same extent as the U.S. Constitution.

Answer 1

due process

Question 2

The Fifth Amendment to the U.S. Constitution provides that

Answer 2

no person shall be compelled in any criminal case to be a witness against himself.

Question 3

A confession is ________ only if the police coerced the defendant into making the confession. Whether a statement is voluntary or coerced is determined based on the _________ __ ___ __________ .

Answer 3

involuntary ; totality of the circumstances.

Question 4

Adequate Miranda warnings include advising defendants:

Answer 4

(i) of their right to remain silent;
(ii) that any statement uttered may be used in court;
(iii) that they have the right to consult an attorney and to have the attorney present during an interrogation; and
(iv) that an attorney will be appointed to represent indigent defendants.

Question 5

In Florida, the crime of robbery has four elements:

Answer 5

i) the taking of money or property,
(ii) from the person or custody of another,
(iii) with the intent to permanently or temporarily deprive the person or owner of that money or property, and
(iv) when there is force, violence, assault, or putting in fear used in the course of the taking. The violent act can happen at the time of the taking, or before or after the taking, so long as the violent act and the taking are a continuous series of acts.

Question 6

To justify a warrantless search of an automobile incident to an arrest, the Fourth Amendment requires that the officer demonstrate either

Answer 6

(i) that the arrestee is within reaching distance of the passenger compartment at the time of the search, and, as a result, may pose an actual and continuing threat to the officer’s safety or may destroy or tamper evidence, or
(ii) that it is reasonable that evidence of the offense of arrest might be found in the vehicle.