Problem 1: Describe how the right against self-incrimination stems from the very heart of our system of justice.
Problem 2: Who is protected by the right against self-incrimination?
Problem 3: When does the right apply?
Problem 4: Define incriminating, and explain why the context of the statement, rather than the statement itself, is critical in determining whether the incriminating statement may be used at trial. .
Problem 5: What is the significance of the statute of limitations and immunity in regard to the exercise of the right against self-incrimination?
Problem 6: Discuss whether testimony given under a grant of immunity can be used in other courts or for purposes of impeachment. What is the holding in the Hubble case?
Problem 7: Why are Miranda warnings necessary at police interrogation but not at trial?
Problem 8: May a prosecutor mention to a jury that the defendant did not testify?
Problem 9: List the essential principles of Miranda and give the reason or rationale behind each principle.
Problem 10: For purposes of Miranda, when is a person in custody? What is interrogation? Are incomplete warnings fatal? What about delayed warnings?