Discussion Questions

  1. Explain the exclusionary rule. What is it, and why do we have it? What case was before the Supreme Court when the exclusionary rule was applied to the states?

  2. What is the "silver platter" doctrine?

  3. What is the burden of proof? Who generally has to meet this burden? What are the exceptions to this rule?

  4. Explain the good faith exception.

  5. What is a justification defense? Give three examples and explain them.

  6. What is an excuse defense? Give five examples and explain.

  7. What is an affirmative defense?

  8. Explain the M'Naghten rule.

  9. Although there is no clear definition of "reasonable doubt," we do have many interpretations of meaning. Why is there concern over having a definition?

  10. Explain the castle doctrine.

  11. Explain the inevitable discovery exception.

  12. Explain the reasonable doubt standard. What cases has the Supreme Court used to define this standard?

  13. Name and explain the different standards for the burden of proof.

  14. Name the different exceptions to the exclusionary rule.

  15. What is the purpose of a justification defense?

  16. What is the Durham test for insanity? What is the argument against this test?

  17. What is the substantial capacity test?

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