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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