Legal Aspects of Criminal Justice System

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INSTRUCTIONS; Answer each of the questions fully and completely.
Your answers to each question should be one and one-half pages each (three pages total) not including title page and references.
Question 1 (1.5 pages)
In Missouri v. Seibert (2004), the Court held that giving the Miranda warnings but only after the police obtain an unwarned confession violates the Miranda rule; therefore, statements made after the Miranda warnings are given are not admissible even if these statements repeat those given before the Miranda warnings were read to the suspect. In an earlier case, Oregon v. Elstad, the Court admitted a confession obtained after the police gave the Miranda warnings—even though the suspect had previously made statements before the warnings were given. Discuss the differences between the two cases. Discuss the Court’s rationale regarding the decisions. Do you agree with the rationale? Why/why not?
Question 2. (1.5 pages)
In Apodaca v. Oregon (http://laws.findlaw.com/us/406/404.html), the U.S. Supreme Court held that a 10-to-2 vote for conviction is constitutional. In Johnson v. Louisiana,
(http://laws.findlaw.com/us/406/356.html), the U.S. Supreme Court held that a 9-3 vote for conviction was constitutional. Given the defendant’s right to be proven guilty beyond a “reasonable doubt,” do you think that it is appropriate to allow majority verdicts rather than unanimous verdicts?  How low can a vote go before the standard has not been met?  The U.S. Supreme Court has discarded the argument that a less-than-unanimous verdict violates the reasonable doubt standard, stating that the term “reasonable doubt” refers to the individual juror and not the entire jury. Do you agree? Explain your reasoning

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Legal Aspects of Criminal Justice System

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INSTRUCTION: Pages and number of words per page not included.
Answer each of the questions fully and completely.
Question 1: (1 page answer)
In Kyllo v. United States (2001) http://laws.findlaw.com/us/533/27.html , the U.S. Supreme Court held that using a technological device to explore the details of a home that would previously have been unknowable without physical intrusion is a search and is presumptively unreasonable without a warrant. The federal prosecutor argued that thermal imaging does not constitute a search because (1) it detects “only heat radiating from the external surface of the house” and therefore there was no entry, and (2) it did not detect private activities occurring in private areas because “everything that was detected was on the outside.” Do you agree with the Court or the Prosecutor? Should what radiates from a private home be protected?
Question 2: (1 page answer)
Brain fingerprinting is a controversial new tool used in helping to solve crimes. What criteria from Frye and/or Daubert will the process need to meet to be admissible as evidence in court?
Question 3: (1 page answer)
The rights to counsel and to due process apply in lineups, showups, and photographic identification, but the rights to protection against unreasonable searches and seizures and self-incrimination do not. Discuss the reasoning as to why the Court applies the first two but not the last two. Does the Court’s reasoning make sense? Discuss why it does or does not make sense.  Explain

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