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.

1. • Document: Important Facts about the Kirkpatrick Scenario
     

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.

1. Explain the elements that trigger an officer’s requirement to read a suspect the Miranda warning.
2. Describe arguments that could be made by the defense attorney suggesting that Kirkpatrick was in custody.
   1. Provide a counter-argument that the prosecutor could raise in response to each argument.
   2. Be sure to discuss factors pertaining to custody.
      
      
3. Describe arguments that could be made by the defense attorney suggesting that the officers’ questions rise to the level of interrogation.
   1. Provide a counter-argument that the prosecutor could raise in response to each argument.
   2. Be sure to discuss factors pertaining to interrogation.
      
      
4. 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.
   1. 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.

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.

1. 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.
2. 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.
3. 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.