Criminal procedure 3 discussion/ complete

Case law interpreting the Fifth Amendment requires police to issue Miranda warnings to suspects in custody before questioning them about their involvement in a crime. However, police are not required to inform suspects of their Fourth Amendment right not to submit to a search when the police request consent to search their home or car.

Based on the material submitted in your text so far, discuss the apparent logical conflict between these two rules. Do you agree with the reasoning for not requiring such a warning regarding consent to search? Why or why not?

Should the ethnicity or culture of the suspect be a consideration of whether or not the consent to search was voluntarily given? Why or why not?
(MINIMUM OF 125 WORDS)

2.Most states, including Tennessee, have domestic violence laws that require law enforcement officers to arrest suspects for domestic related misdemeanor assaults not committed in the presence of the officer if they can determine that the suspect is the primary aggressor in the situation. This is a departure from the historical criminal procedure and developed as a response to the growing problem of domestic violence.

If a law enforcement officer encounters a domestic violence situation, fails to make the arrest required by the statute and the victim is killed later that night, should the officer be civilly liable to the victim and her heirs? Discuss the public duty doctrine and the case law presented in your text in relation to these mandatory arrest laws. Does the Supreme Courti??s decision seem logical to you or does it seem like an attempt to limit government liability?
(MINIMUM OF 125 WORDS)

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Added on 01.03.2015 00:39
1.Case law interpreting the Fifth Amendment requires police to issue Miranda warnings to suspects in custody before questioning them about their involvement in a crime. However, police are not required to inform suspects of their Fourth Amendment right not to submit to a search when the police request consent to search their home or car.
Based on the material submitted in your text so far, discuss the apparent logical conflict between these two rules. Do you agree with the reasoning for not requiring such a warning regarding consent to search? Why or why not?
Should the ethnicity or culture of the suspect be a consideration of whether or not the consent to search was voluntarily given? Why or why not?
(MINIMUM OF 125 WORDS)

2.Most states, including Tennessee, have domestic violence laws that require law enforcement officers to arrest suspects for domestic related misdemeanor assaults not committed in the presence of the officer if they can determine that the suspect is the primary aggressor in the situation. This is a departure from the historical criminal procedure and developed as a response to the growing problem of domestic violence. If a law enforcement officer encounters a domestic violence situation, fails to make the arrest required by the statute and the victim is killed later that night, should the officer be civilly liable to the victim and her heirs? Discuss the public duty doctrine and the case law presented in your text in relation to these mandatory arrest laws. Does the Supreme Courtyi? 0.5 s decision seem logical to you or does it seem like an attempt to limit government liability?
(MINIMUM OF 125 WORDS)

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CHAPTER 3 FILE IS FOR QUESTION#1
CHAPTER 4 FILE IS FOR QUESTION #2