Listen and Learn -- Privilege Against Self-Incrimination and Miranda Rights
Welcome back to the Bar Exam Toolbox podcast! Today we are focusing on criminal procedure, specifically two constitutional protections afforded to accused persons by the 5th Amendment – the privilege against self-incrimination, and Miranda rights.
In this episode, we discuss:
- Rules and scope of the privilege against self-incrimination
- The three ways in which the privilege against self-incrimination can be eliminated
- When is a suspect entitled to Miranda rights?
- In what situations can Miranda rights be waived?
- How to structure your essay when self-incrimination and Miranda rights are at issue
- Analyzing two hypos from California bar exam criminal procedure questions
Resources:
- “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn)
- California Bar Examination – Essay Questions and Selected Answers, July 2009 (https://juraxbar.com/wp-content/uploads/2016/04/July-2009-CBX.pdf)
- California Bar Examination – Essay Questions and Selected Answers, July 2014 (https://juraxbar.com/wp-content/uploads/2016/04/July-2014-CBX.pdf)
- Podcast Episode 70: Tackling a California Bar Exam Essay: Criminal Law and Procedure (https://barexamtoolbox.com/podcast-episode-70-tackling-a-california-bar-exam-essay-criminal-law-and-procedure/)
- Podcast Episode 79: Tackling an MEE Criminal Law/Procedure and Evidence Essay (https://barexamtoolbox.com/podcast-episode-79-tackling-an-mee-criminal-law-procedure-and-evidence-essay/)
Download the Transcript
(https://barexamtoolbox.com/episode-128-listen-and-learn-privilege-against-self-incrimination-and-miranda-rights/)
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Thanks for listening!
Alison & Lee
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