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Essay Available:
Pages:
2 pages/≈550 words
Sources:
2 Sources
Style:
APA
Subject:
Law
Type:
Case Study
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 8.64
Topic:

Confessions and Admissions after a Request for a Lawyer

Case Study Instructions:

A suspect is apprehended in a large-chain grocery store by the security guard. The suspect is placed in handcuffs and taken to the manager’s office. The police are called and advised of the situation. Officer Jones arrives at the store approximately 12 minutes later. Officer Jones takes a statement from the security guard and views the in-store camera film of the shop lifting incident. Officer Jones places the suspect under arrest, reads the suspect the Miranda warnings, and asks the suspect if he would like to make a statement. The suspect replies, “No, I would like a lawyer”. The suspect is then transported to the local jail and booked. Five (5) hours later, the suspect is interviewed by a detective who again reads him the Miranda warning. The detective then asks the suspect if he would like to talk. The suspect says, “Yes”. He eventually confesses to the crime.
Write a one to two (1-2) page paper in which you:
Identify and discuss the constitutional amendments that would relate to this situation.
Discuss how the Edwards Rule is related to this situation.
In your opinion, determine if the suspect’s confession to the detective is admissible.
Use at least two (2) quality references. Note: Wikipedia and other Websites do not qualify as academic resources
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

Case Study Sample Content Preview:

Confessions and Admissions after a Request for a Lawyer
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Constitutional amendments
The Fifth Amendment confirms of the right to remain silent which guarantees that the state may not compel an individual to incriminate themselves in regards to a criminal matter. The suspects should not be coerced to waiver their constitutional rights, but rather the state must warn the individuals of their rights (Myers, 2010). To protect the constitutional rights of a defendant that is in custody and will be interrogated, the police must read the Miranda rights to the defendant. Failure of which, the confession obtained will be excluded from the case of the prosecutor. In this case, Officer Jones read the suspect his Miranda rights which are required by the constitution. If the individual indicates at any moment, prior to or during questioning that they wish to remain silent then the interrogation must not continue. The state then has the burden to show that the defendants waivered their privilege knowingly, against self-discrimination and their right to appoint or retain counsel (Couenhoven).
The Sixth Amendment guarantees an individual the right to public trial without any unnecessary delays, the rights to a lawyer, the rights to an impartial jury and the right to know ones accusers and the nature of evidence and charges against an individual. Officer Jones asked the suspect to make a statement, to which the suspect demanded for a lawyer. This meant that no more further interrogation would be done to the suspect until the suspect’s lawyer would be present (Couenhoven; Ferguson, 2010).
Edwards rule
The general rule is that once the defendants have invoked their right to counsel, they are not subject to further interrogation until counsel is made available to the defendants, unles...
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