Jury Instruction Always Enough
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
14564_fundraiser_deposit_confession · CRIMINAL · Choice AYes, because Paul's statement was a declaration against penal interest.
Why it's attractive
declaration against interest does not answer Stephen's confrontation objection.
Why it's wrong
declaration against interest does not answer Stephen's confrontation objection.
14564_fundraiser_deposit_confession · CRIMINAL · Choice BNo, because Paul made the statement without Miranda warnings.
Why it's attractive
the call is Stephen's objection, not Paul's interrogation right.
Why it's wrong
the call is Stephen's objection, not Paul's interrogation right.
14564_fundraiser_deposit_confession · CRIMINAL · Choice DYes, because the limiting instruction sufficiently protects Stephen.
Why it's attractive
it assumes the ordinary instruction cure works in the special direct-confession setting.
Why it's wrong
it assumes the ordinary instruction cure works in the special direct-confession setting.
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