Criminal Procedure Assignment: Miranda Warnings, Constitutional Rights, and Legal Immunity

Format Requirements

Format Requirements:

Your submission in Blackboard via SafeAssign must:

1. include a cover page with your name, UIN, course name, and time the course meets;

2. be a Word document font 11 Calibri (body); and
3. list each question number, the question itself, and your response to the question.

Failure to follow the format above will cause a minimum 3-point deduction.

Q 1. For purposes of Miranda warnings, when is a person in custody? And when is a person under interrogation? (3 points)

Q 2. Assume a college student is a suspect in a campus burglary case. He is beng asked questions by campus police in his dormitory room with his roommate present. Must the police give him Miranda warnings? Explain your answer. (3 points)

Q 3. Identify four (4) instances when Miranda warnings are not required. Be specific. (2 points)

Q 4. Defendant Larry claims he was in custody when interrogated by police officer Gonzalo about the murder of Stan. Officer Gonzalo denies that claim and says that custody and arrest were farthest from his mind when he and Larry (they knew each other because they lived in the same neighborhood) chatted on the street one day about Stan's murder of a neighbor whom they both knew.

You are the judge presiding over Larry's murder trial. Whose claim will prevail -- that of Officer Gonzalo or defendant Larry? What legal standard will you use to justify your ruling? (4 points)

Q 5. The increasing use of technology by law enforcement agencies to conduct investigations may raise significant Fourth Amendment privacy (think about searching and seizing) as well as First Amendment civil liberties concerns (think about freedom of speech, assembly etc). Consider two (2) modern technologies: facial recognition technology and drones.

Describe each technology and explain how each might be used, and what impact might it have on our Fourth and First Amendment rights.

Think about these issues from the perspective of a post-911 world too. In writing your analysis consider citing citing some U.S. Supreme Court cases, such as U.S. v. Carpenter, or Katz v. U.S., and Kyollo v. U.S., among others. These and other court cases will help you understand and define the concerns. (12 points)

Q 6. The right to counsel and the right to protection against self-incrimination are two (2) of the four (4) constitutional rights that might be invoked by suspects during the pretrial identification stage.

Briefly explain how the right to counsel and the right to protection against self-incrimination apply to lineups, showups, and photgraphic displays. (3 points)

Q 7. Describe when a lineup might violate due process by being impermissably suggestive. Give an example. (2 points)

Q 8. Assume you are a lawyer for Defendant/client Jerry. You represent him in a prosecution for bribery in which Jerry was charged with bribing the governor of North Carolina. The governor was also charged with accepting the bribe.

Your client Jerry is given a choice by the prosecutor between transactional immunity and use and derivative use immunity. As his lawyer, which immunity would you advise Jerry to take and why? Describe the difference between the two types of immunity. (3 points)

Scoring Rubric:

The grade for this assignment will be determined as follows:

Quality of Content and Sources: Did the student thoroughly answer the questions that were asked; is the content accurate? Grammar/Punctuation of Content: Has the document been spelled-checked and free of errors?

Quality of Writing: Did the student write clearly and well? Are sentences complete? Legal principles and application:

Did the student reveal knowlege of the underlying legal issues, and when appropriate, cite sources within the body of the student's answer?

In question 5 in particular, has the student cited at least two (2) Supreme Court cases? Do not plagiarize.

Do not use other students' work. Each day late will cause a 3-point deduction.