Welcome back to the Law School Toolbox podcast! Today, we’re 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
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Resources:
- “Listen and Learn” series
- California Bar Examination – Essay Questions and Selected Answers, July 2009
- California Bar Examination – Essay Questions and Selected Answers, July 2014
- First Hand Guide to 1L Courses – Criminal Law
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