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Criminal procedure and criminal evidence

June 29, 2015 0 Comment

1.      What are the three requirements for the state of mind exception to the hearsay rule?

2.      What two principles justify the state of mind exception to the hearsay rule?

3.      What are the five required showings under FRE 803(4) with respect to statements for purposes of medical diagnosis?

4.      What are the foundational requirements for former testimony?

5.      What is the difference between a confession and an admission?

6.      Miranda requires the police to warn a suspect in custody of what rights?

7.      A confession of one defendant, implicating a co-defendant is generally inadmissible.  Explain why these confessions are inadmissible, and give some of the suggested procedures for overcoming this problem.

8.      List the exceptions to Miranda.

9.      What is the difference, if any, between the Sixth Amendment and the Miranda right to counsel?

10.  What constitutes deliberate elicitation?  What constitutes a custodial interrogation?

11.  The states follow one of two procedures to determine whether a confession was freely and voluntarily made.  Explain each.

What is the hearsay rule and why does it exist 1.      What are the characteristics of a good witness?

The Exclusionary Rule relates primarily to to cases involving issues of search and seizure, arrests, interrogations and stop and frisk 1.      violations. Please state two exemptions to the Exclusionary Rule and explain them in detail.

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