short answer 8-11

Question 1

is physical evidence protected by the Fifth Amendment? Why or why not?

Answer 1

no its not because it protects testimony

Question 2

identify and Explain each of the two circumstances that
must exist before officers have to give the Miranda
warnings.

Answer 2

the suspect must be in police custody and under interrogation meaning their freedom of movement has to be restrained

Question 3

Identify the 2 elements a defendant must prove in
order to show a confession was involuntary.

Answer 3

officers engaged in coercive conduct during the interrogation and coercive conduct caused the suspect to make incriminating statements

Question 4

what is the difference between a lineup and a show up

Answer 4

a show up is where a witness is shown only one person and can take place anywhere a line up is a group of people and takes place at the station

Question 5

what 2 elements must a defendant prove in order to have identification evidence suppressed on due process grounds

Answer 5

the procedure used to identify was unnecessarily and impermissibly suggestive and the totality of circumstances proves that the procedure created a very substantial likelihood of misidentification

Question 6

list four reforms recommended by law enforcement to improve lineup procedures

Question 7

is there a constitutional right to the
exclusionary rule? Explain your answer.

Answer 7

no it is based in constitutional rights but it is not an independent right

Question 8

list and explain 5 exceptions to the
exclusionary rule

Answer 8

cross examination, good faith exception, knock and announce, inevitable discovery and collateral use.

Question 9

List and Explain 3 justifications for the exclusionary rule

Answer 9

constitutional rights, judicial integrity and deterrence