I achieved 17 out of 26 credits in a LL.M. in only four months (the regular program is for 12 months) just by watching Michael's videos only once. I didn't feel prepared but the information stuck which was what mattered to my professors. I can't wait to learn more for the Bar exam. Thank you, Studicata!
Michael I love you I honestly do! I You are the best when it comes to summarizing and organizing the big picture of the most complicated law subjects. Anyway to get you to minimize bouncing back and forth? I had a brain tumor and my peripheral vision is off so it really messes with me to the point I have to move your beautiful face off the screen to avoid migraines. No matter what I will keep coming back for more and keep sending students to your site!!
I watched all the videos related to criminal procedure from this guy, all were really great & I just wonder how few people could dislike them? :) Of course I respect opposite opinions. ;)
What is the difference between 5th amendment violation and miranda violation? Isn’t miranda violation 5th amendment violation? I am little confused about the evidence admissibility differences between the 5th amendment and miranda violations. It would be great if you could clarify that little more detail. Thank you.
Difference Between the Fifth Amendment and Miranda: there is a difference between the Fifth Amendment privilege against self-incrimination and the Miranda doctrine, rules or warnings. The former protects against the use of compelled statements in judicial, administrative and congressional proceedings as well as before other investigative bodies. The latter contains specific rules governing in-custody interrogations. Miranda is required by and enforced under the Fifth Amendment, but is only part of it. The Fifth Amendment is broader than Miranda, as the Amendment is also the basis for the right of a defendant or witness not to testify as well as other constitutional mandates, and both differ from the Sixth Amendment.
In a 2004 case, United States v. Patane, the U.S. Supreme Court established that the "physical fruits" of statements coming after Miranda violations are typically admissible. If the police are supposed to-but don't-provide the Miranda warnings, and the suspect says something that leads them to physical evidence, that evidence normally doesn't have to be suppressed. (542 U.S. 630 (2004).)
How about when the suspect was taken/arrested/handcuffed w/o "probable cause" & not merandarized just because somebody called firsr & put complaint on tgr susoect is that violation of 4th & 5th amendment of the suspect's bill of rights?' When should the " Miranda Doctrinr" & police interogation should begin ? w/o violating 4th & 5th amendment right?
How can the Police do arrest/handcuff /detain/booked a suspect w/o first /nterview/investigation/ascertsinment of probable cause w/o miranda and then mirandarized suspect after custody & then did merandarized later w/o violating 4th & 5th amendment and the justification/reason was because there was first complaint against the suspect tge reason given for the arrest /handcuffed? (How sbout the issue ot harrashment & vendetta)?
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So say you were defending someone who was indeed guilty but the police used "force" at that point even though the police are "good" and the guilty is "bad" its not about right or wrong its about the scientific knowledge behind the law that you are fighting for?
Indeed, it is counterintuitive. Derivative evidence obtained as a result of a voluntary statement made in violation of Miranda is generally admissible. The policy here is grounded in the idea that we do not want critical evidence excluded from trial based on what some may consider to be a "technicality" or what the courts consider to be a less severe violation. Notably, it is important to remember that the statements themselves obtained in violation of Miranda are generally inadmissible. Here, we're talking about derivative evidence obtained as a result of the voluntary statement made in violation of Miranda.
The Policel dobt have that determination whether to r🎉elease or not tge suspect they booked/charged tge suspect and leave tge determination of probable cause to the DOJ & Court & put suspect under bail or not (depends on allege offense/crime committed/fabricated)
I achieved 17 out of 26 credits in a LL.M. in only four months (the regular program is for 12 months) just by watching Michael's videos only once. I didn't feel prepared but the information stuck which was what mattered to my professors. I can't wait to learn more for the Bar exam. Thank you, Studicata!
my score was below average, after watching your videos, I had one of the top scores. Awesome job.
Thank you! Excellent work 👏.
My prof is not the most thorough when it comes to online lectures, and this all has helped me so much. Thank you!!
Very clear! I really like your videos!Thanks for sharing!
No problem, happy to share them!
Man, you are a blessing.
Michael I love you I honestly do! I You are the best when it comes to summarizing and organizing the big picture of the most complicated law subjects. Anyway to get you to minimize bouncing back and forth? I had a brain tumor and my peripheral vision is off so it really messes with me to the point I have to move your beautiful face off the screen to avoid migraines. No matter what I will keep coming back for more and keep sending students to your site!!
Your videos are absolutely amazing!! Thank you so much
I watched all the videos related to criminal procedure from this guy, all were really great & I just wonder how few people could dislike them? :) Of course I respect opposite opinions. ;)
What is the difference between 5th amendment violation and miranda violation? Isn’t miranda violation 5th amendment violation? I am little confused about the evidence admissibility differences between the 5th amendment and miranda violations. It would be great if you could clarify that little more detail. Thank you.
Difference Between the Fifth Amendment and Miranda: there is a difference between the Fifth Amendment privilege against self-incrimination and the Miranda doctrine, rules or warnings. The former protects against the use of compelled statements in judicial, administrative and congressional proceedings as well as before other investigative bodies. The latter contains specific rules governing in-custody interrogations. Miranda is required by and enforced under the Fifth Amendment, but is only part of it. The Fifth Amendment is broader than Miranda, as the Amendment is also the basis for the right of a defendant or witness not to testify as well as other constitutional mandates, and both differ from the Sixth Amendment.
In a 2004 case, United States v. Patane, the U.S. Supreme Court established that the "physical fruits" of statements coming after Miranda violations are typically admissible. If the police are supposed to-but don't-provide the Miranda warnings, and the suspect says something that leads them to physical evidence, that evidence normally doesn't have to be suppressed. (542 U.S. 630 (2004).)
How about when the suspect was taken/arrested/handcuffed w/o "probable cause" & not merandarized just because somebody called firsr & put complaint on tgr susoect is that violation of 4th & 5th amendment of the suspect's bill of rights?' When should the " Miranda Doctrinr" & police interogation should begin ? w/o violating 4th & 5th amendment right?
Whem should Miranda start ? Unnder arrest/habdcuffed/ in custidy or prior arrrst /handcuffed?
How can the Police do arrest/handcuff /detain/booked a suspect w/o first /nterview/investigation/ascertsinment of probable cause w/o miranda and then mirandarized suspect after custody & then did merandarized later w/o violating 4th & 5th amendment and the justification/reason was because there was first complaint against the suspect tge reason given for the arrest /handcuffed? (How sbout the issue ot harrashment & vendetta)?
What if the last line of the Miranda rights was not read before questioning
Great stuff. You're very knowledgeable
Thank you for the support!
🚨 SPECIAL OFFER: Want to crush law school finals, rack up scholarship $$$, pass the bar exam, and practice law like a BOSS? Take the LEAP. Get started today for free at: www.studicata.com/leap
Great explanation, thanks.
Excellent . Thanks .. Good work
So say you were defending someone who was indeed guilty but the police used "force" at that point even though the police are "good" and the guilty is "bad" its not about right or wrong its about the scientific knowledge behind the law that you are fighting for?
Not true. Ive seem again and again they continue to try and question
So evidence acquired after a violation of Miranda is admissible? Thats weird
Indeed, it is counterintuitive. Derivative evidence obtained as a result of a voluntary statement made in violation of Miranda is generally admissible. The policy here is grounded in the idea that we do not want critical evidence excluded from trial based on what some may consider to be a "technicality" or what the courts consider to be a less severe violation. Notably, it is important to remember that the statements themselves obtained in violation of Miranda are generally inadmissible. Here, we're talking about derivative evidence obtained as a result of the voluntary statement made in violation of Miranda.
@@studicata I heard second level protections come in when the defendant ask for his lawyer unequivocally? Am I wrong?
The Policel dobt have that determination whether to r🎉elease or not tge suspect they booked/charged tge suspect and leave tge determination of probable cause to the DOJ & Court & put suspect under bail or not (depends on allege offense/crime committed/fabricated)