aj22 question #3

aj 22 question #1
Miranda is required every time that you question someone about crime that might lead to incriminating answers or statements.
This is an interrogation, so therefore you must ALWAYS “mirandize” a person.
Is this a true statement? Why or Why Not????Think about the two conditions of custody and interrogation

reply #1 This is not a true statement. Miranda was created because it was felt that the stress, nervousness, and intimidation, a person in custody being interrogated by police would likely feel, would undermine their free-will and the person might lose the ability to choose for himself whether to speak or remain silent. Miranda is only required when the following two elements exist: 1) a person is in custody of the police; 2) an interrogation is sbout to take place. BOTH of these are required before Miranda Rights MUST be read.

aj22 question #2 (number 8)
Chapter 8 deals with disturbances, some of which are groups of people acting together to breach the peace.?Consider this statement:?”there is no real difference between an unlawful assembly, a rout or a riot.” Do you agree?
aj22 question #3
A previously convicted felon who possess a firearm for hunting
can only be found in violation of the illegal possession law
if he uses the weapon in a felony. Do you agree? Why or why not?
aj 22 question #4
Read the chapter and re-read section 1014, Domestic Violence?The California legislature has deemed 273.5 PC a felony.
If the same event occurred in a non-domestic relationship it would be a misdemeanor.
Do you agree? Why or why not?

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