Welcome back to the Bar Exam Toolbox podcast! Today we are 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

Resources:

• “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn)
• California Bar Examination – Essay Questions and Selected Answers, July 2009 (https://juraxbar.com/wp-content/uploads/2016/04/July-2009-CBX.pdf)
• California Bar Examination – Essay Questions and Selected Answers, July 2014 (https://juraxbar.com/wp-content/uploads/2016/04/July-2014-CBX.pdf)
• Podcast Episode 70: Tackling a California Bar Exam Essay: Criminal Law and Procedure (https://barexamtoolbox.com/podcast-episode-70-tackling-a-california-bar-exam-essay-criminal-law-and-procedure/)
• Podcast Episode 79: Tackling an MEE Criminal Law/Procedure and Evidence Essay (https://barexamtoolbox.com/podcast-episode-79-tackling-an-mee-criminal-law-procedure-and-evidence-essay/)

Download the Transcript (https://barexamtoolbox.com/episode-128-listen-and-learn-privilege-against-self-incrimination-and-miranda-rights/)

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Thanks for listening!

Alison & Lee