Judge Peter W. Agnes, Jr. – The Miranda Doctrine and Voluntariness: The Basics and Beyond

LECTURE & MATERIALS
1. Audio Lecture – The Miranda Doctrine and Voluntariness
2. PowerPoint Presentation – The Miranda Doctrine and Voluntariness
3. PDF Excerpt from Police Interrogations and Confessions in Massachusetts on The Exclusionary Rule 

Dear Students:
Here are your instructions for the remainder of the course.

April 23 & 30 Classes. Monday, April 23rd, you are not required to attend class.  Instead, you are required to study a PowerPoint presentation and an accompanying lecture I recorded for you on the Miranda Doctrine and Voluntariness.

On April 30, you will be required to come to class to pick up the final exam which will be distributed by Mick Coyne.  As a substitute for that class (the final class) you will read a chapter in a book I wrote that deals with the Law regarding the exclusionary rule.  There also is a writing assignment for this final class.  Each of you also is required to identify a decision by the Supreme Judicial Court between 2013 and 2018 that deals with the application of the exclusionary rule in the setting either of a search and seizure or a confession AND that involves an application of a rule where Massachusetts law differs from federal law.  You are to write a memo not more than 3 pages, no footnotes, analyzing the legal issues and offering your assessment whether the reasoning of the SJC was more persuasive than the result that would have been reached by applying the federal rule, and if so, why, and if not, why not.

The final exam.  For the final exam, DO NOT USE YOUR NAME.  ONLY USE YOUR STUDENT ID #.   Your paper may not exceed 10 double spaced pages without footnotes.  You may cite U.S. Supreme Court cases and published decisions by the SJC or the Appeals Court..  Do not repeat the facts.  I only want your analysis. [Prosecution/Defense team groupings were disclosed via email.]

Writing assignments. The two writing assignments (the 3 page paper and the final) are due no later than 5:00 p.m. EST on May 14th.  Each of them should be emailed to  me and a hard copy left in my box in the front office.

Massachusetts School of Law's Mission

military logoMassachusetts School of Law's mission is to provide an academically rigorous affordable legal education emphasizing ethics, advocacy, leadership, and professional skills. MSLAW provides an accessible and affordable legal education to tomorrow’s leaders in law, business, and technology who seek to contribute to their communities as advocates, lawyers, and leaders. Lawyers have substantial influence in our society and MSLAW prepares its graduates to use that power to help their clients and obtain the societal advancement that a law degree has traditionally provided.

To accomplish its mission, Massachusetts School of Law brings together a diverse group of scholars, judges, expert practitioners and other professionals to provide individuals from all backgrounds a rigorous, professionally advantageous, affordable legal education so that they can improve their lives and better serve their communities.
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Massachusetts School of Law's Mission

military logoMassachusetts School of Law's mission is to provide an academically rigorous affordable legal education emphasizing ethics, advocacy, leadership, and professional skills. MSLAW provides an accessible and affordable legal education to tomorrow’s leaders in law, business, and technology who seek to contribute to their communities as advocates, lawyers, and leaders. Lawyers have substantial influence in our society and MSLAW prepares its graduates to use that power to help their clients and obtain the societal advancement that a law degree has traditionally provided.

To accomplish its mission, Massachusetts School of Law brings together a diverse group of scholars, judges, expert practitioners and other professionals to provide individuals from all backgrounds a rigorous, professionally advantageous, affordable legal education so that they can improve their lives and better serve their communities.