NUTS AND BOLTS

 

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1. May a witness qualify as an expert when the expert does not have a degree or license? May the special knowledge necessary to qualify as an expert be derived from experience? May the fact that the expert does not have a degree or license be brought out at the trial? Explain your answers to each of the questions.
2. When an expert witness takes the stand, may the expert’s opinions be challenged in the cross-examination process? What is the process for challenging these opinions?
3. Under what conditions may evidence relating to testimony given at a former trial be admitted into court? When is a witness unavailable as that term relates to this hearsay exception?
4. What is a dying declaration? Must a declarant actually state that he or she is aware of imminent death before the statement is admissible? In what types of cases is a dying declaration admissible?
5. Federal Rule 807 provides a catch-all exception for admissibility of hearsay evidence. Do recent U.S. Supreme Court decisions tend to favor or disfavor this rule?
6. What is the rationale for authorizing the seizure of objects from an impounded car? Explain your answer.
7. Define and explain plain view as an exception to the warrant requirement.
8. What are the warnings required by the United States Supreme Court as stated in Miranda v. Arizona? At what stage are the warnings required for a confession or admission to be admissible?
9 What provisions of the Bill of Rights protect a person’s right to counsel in criminal cases? At what point in the judicial process does the right to counsel attach? If a confession is obtained after counsel is requested by the accused, is it admissible evidence for any purpose?
10 Discuss and explain the rules relating to the right to have counsel present at a lineup.

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ACED ESSAYS