criminal law and procedure
Help me study for my Law class. I’m stuck and don’t understand.
Module 05 Assignment – Analyze the Fifth Amendment
In this assignment, you will analyze the requirements pertaining to a police officer’s duty to read a suspect the Miranda warning.
Assignment Preparation.
2.https://www.grandforksherald.com/news/2159089-kirk…
3.https://www.jamestownsun.com/news/crime-and-courts…
4 https://law.justia.com/cases/north-dakota/supreme-…
5. https://www.inforum.com/news/2994326-gene-kirkpatr…
6.http://ftpcontent.worldnow.com/griffin/NEWS9/PDF/0…
7.https://bismarcktribune.com/news/state-and-regiona…
Assignment Instructions
in this module and in your textbook that pertains to when an officer must advise a suspect of the Miranda warning. Conduct additional research to ensure that you understand what constitutes “custodial interrogation.”
In a 2-3 page paper, written in APA format and using proper spelling/grammar/punctuation, address the items below. Support your discussion with relevant case law or other credible sources.
- Explain the elements that trigger an officer’s requirement to read a suspect the Miranda warning.
- Describe arguments that could be made by the defense attorney suggesting that Kirkpatrick was in custody.
- Provide a counter-argument that the prosecutor could raise in response to each argument.
- Be sure to discuss factors pertaining to custody.
- Describe arguments that could be made by the defense attorney suggesting that the officers’ questions rise to the level of interrogation.
- Provide a counter-argument that the prosecutor could raise in response to each argument.
- Be sure to discuss factors pertaining to interrogation.
- Explain how a judge would likely rule as to whether Kirkpatrick was in custody and interrogated for purposes of triggering the officers’ requirement to advise Kirkpatrick of his rights Miranda rights.
- Be sure to discuss whether custody and interrogation factors were satisfied.
Include APA formatted in-text citations and references for relevant case law as well as any other credible sources you relied on when composing your paper.
| Module 06 Discussion – Change of Venue |
Throughout this course, we have discussed the procedural rights a suspect has at various steps in a criminal case. Part of our focus in this module was learning about the rights defendants have during a criminal trial.
For your first post, address the following questions.
- Explain how the wording in the Sixth Amendment that a criminal trial shall be held “wherein the crime shall have been committed” relates to venue and protects the rights of a suspect during a criminal trial.
- Conduct research to locate a Minnesota criminal case where one of the parties requested a change of venue, then identify the arguments supporting the request, and explain the court’s ruling on the request.
- Discuss whether you agree or disagree with the judge’s decision on the request to change venue and describe whether a change of venue might have had an impact on the outcome of the case.
In your reply post, comment on whether you agree with another student’s discussion regarding a request to change venue. Identify what factors support your decision. Discuss how a change of venue might have had an impact on the outcome of the case.
