The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress

322: Listen and Learn -- Criminal Procedure: Identifications (Part 2)


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Welcome back to the Bar Exam Toolbox podcast! This episode continues the discussion on criminal identification procedures, focusing on potential due process violation issues. Through analyzing a hypothetical scenario, we illustrate how courts look at the totality of the circumstances and assess whether identification procedures are unnecessarily suggestive. The episode concludes with a step-by-step approach to tackling identification procedure questions on the bar exam. 

In this episode, we discuss:

  • A question from the October 2020 California bar exam
  • The various types of identification procedures
  • How to consider the totality of the circumstances when determining potential due process violations
  • An exam strategy for answering identification 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, October 2020 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/October-2020-Essay-Selected-Answers.pdf)
  • Podcast Episode 117: Listen and Learn – Due Process and Equal Protection (Con Law) (https://barexamtoolbox.com/podcast-episode-117-listen-and-learn-due-process-and-equal-protection-con-law/)
  • Podcast Episode 128: Listen and Learn – Privilege Against Self-Incrimination and Miranda Rights (https://barexamtoolbox.com/podcast-episode-128-listen-and-learn-privilege-against-self-incrimination-and-miranda-rights/)
  • Podcast Episode 157: Listen and Learn – The Sixth Amendment (https://barexamtoolbox.com/podcast-episode-157-listen-and-learn-the-sixth-amendment/)
  • Podcast Episode 321: Listen and Learn – Criminal Procedure: Identifications (Part 1) (https://barexamtoolbox.com/podcast-episode-321-listen-and-learn-criminal-procedure-identifications-part-1/)
  • SpacedRepetition.com (https://spacedrepetition.com/)

Download the Transcript (https://barexamtoolbox.com/episode-322-listen-and-learn-criminal-procedure-identifications-part-2/)

If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)!

Thanks for listening!

Alison & Lee

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