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Podcast Episode 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

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    Resources:
    • “Listen and Learn” series
    • California Bar Examination – Essay Questions and Selected Answers, October 2020
    • 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
    • Podcast Episode 157: Listen and Learn – The Sixth Amendment
    • Podcast Episode 321: Listen and Learn – Criminal Procedure: Identifications (Part 1)
    • SpacedRepetition.com
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