Constitutional Law

Answer each question to the best of your ability to earn FULL points. This assignment is worth 50 points and will be a part of your final grade in this course. Name three police procedures that are considered improper by law enforcement to obtain a confession. (3) How can a confession be involuntary? (5) Who has the burden of proving that a confession was voluntarily given? What is the procedure for determining the voluntariness of the confession? (4) When does Miranda warnings apply? (2) Are warnings necessary during police undercover operation? Explain. (4) What does interrogation mean for Miranda purposes? (4) When must questions cease for Miranda purposes? (2) How may questioning resume for Miranda purposes? (2) List two reasons why we need an Attorney? (2) When may an indigent person be entitled to a Court Appointed Attorney? (3) What are the characteristics of a critical stage? (3 List five examples of critical stages? (5) The 6th Amendment guarantees the right to self-representation. What enquiry must a judge make before allowing a defendant to represent himself? (3) How would a criminal defendant prove that his attorney was ineffective? (3) What are the three pretrial identification procedures? Explain each. (5)

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