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Secondary Source and Case Research Assignment. Law.

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RESEARCH ASSIGNMENT
To: Associate Attorneys
From: Date: October 28, 2020
RE: Secondary Source and Case Research Assignment
I would like you to conduct research regarding the invocation of the right to counsel under Miranda (i.e. the 5th Amendment) and the voluntariness of statements. Secondary sources are books, encyclopedias, or articles that are not themselves sources of law.  Instead, these sources comment on, explain, and/or summarize areas or topics of law.  They are always a good place to start your research because they provide useful background information, broad overviews of subjects, and starting points for finding primary sources (cases, statutes, regulations, and constitutions).   Some common secondary sources are legal encyclopedias, treatises, restatements of the law, law review articles, legal dictionaries, and nut shell books.  Many of these secondary sources, like treatises or nut shell books, provide broad overviews of entire subjects, like criminal law or property law.  These sources are good for background reading.  Other secondary sources, like law review articles, provide more detailed explanations of small topics or legal issues.  Also, some secondary sources provide summaries of federal law, some provide summaries of state law (like the series of books called “Standard Pennsylvania Practice”), and some provide summaries of both (like “American Law Reports” and “Corpus Juris Secundum”).
You will find good background reading secondary sources (treatises, nut shell books, restatements, etc.) online or in books in the law library.  You will find legal encyclopedias Corpus Juris Secundum and American Jurisprudence, as well as American Law Reports, in the shelves along the study carrels on the ramp in the library.  Periodicals (law review articles, etc.) are shelved on the second floor of the library, near the stairwell.  A variety of electronic secondary sources are available on Westlaw or Lexis.
1. Please find one secondary source for background reading (treatise/hornbook, restatement, nut shell book, etc.) online in either Westlaw (preferred) or LexisNexis or in the law library and read any relevant information related to prescriptive easements.  Then, answer the following questions (2 points):
a. What is the name of your secondary source(s)?
b. Summarize what you learned from the source regarding the invocation of the right to counsel under Miranda. What does it mean to invoke a right? 
c. Summarize what you learned about the legal standards governing whether a statement made by a defendant is voluntary. What does it mean for a statement to be voluntary? 
2. Please find the relevant Supreme Court case on the standards governing the 5th Amendment (i.e. Miranda) invocation of the right to counsel. Please be VERY careful here as your search will likely end up providing many cases and there is only ONE case I would like you to focus on. Please be careful that the case you find does NOT involve the 6th Amendment right to counsel. The case is from the 1990s. Then, answer the following questions (3 points):
a. How did you find this case (i.e. what search terms or process did you use)?
b. Provide a proper bluebook citation for this case.
c. Summarize the relevant facts and relevant holding/ rule for our open memo.
3. Please find the relevant recent (from the last three-four years) Pennsylvania Superior Court decision on the standards governing the 5th Amendment (i.e. Miranda) invocation of the right to counsel. Please be careful as there is only one case that I want you to focus on. Then, answer the following questions (3 points):
a. How did you find this case (i.e. what search terms or process did you use)?
b. Provide a proper bluebook citation for this case.
c. Summarize the relevant facts and relevant holding/ rule for our open memo.
4. Please find three relevant Pennsylvania Supreme Court and Superior Court decisions on the standards governing whether or not statements made by a criminal defendant are voluntary. Please keep in mind that more recent cases are better than older ones and Pennsylvania Supreme Court cases are preferable to Superior Court cases, though you are welcome to use Superior Court decisions as well. But make sure to have at least one Pennsylvania Supreme Court cases. Then answer the following questions (2 points):
a. How did you find these cases (i.e. what search terms or process did you use)?
b. Provide proper bluebook citations for these cases.

Other (Not Listed) Sample Content Preview:

Secondary Source and Case Research Assignment
Name
Institutional Affiliation
Date
Secondary Source and Case Research Assignment
Question 1
Part A
Book: Constitutional Rights of the Accused. 3d/ Legal Solution by Joseph G. Cook from Westlaw - Online Legal Research | Thomson Reuters Legal.
Cook, J. (2009). Constitutional Rights of the Accused, 3d | Legal Solutions. Retrieved 2 November 2020, from https://store.legal.thomsonreuters.com/law-products/Treatises/Constitutional-Rights-of-the-Accused-3d/p/100028079
Part B
In the 1966's Miranda v. Arizona case, the U.S. Supreme Court introduced a period of court-imposed restrictions on the government's authority to interrogate suspects in custody. The ruling was based on the 5th Amendment that protects individuals from self-incrimination. It also covers the right to counsel. Miranda's right to counsel stipulates that suspects have the right to remain silent, anything they say can be used against them in a court of law, and they have the right to have legal representation during question. In case they cannot afford an attorney, it is the government's responsibility to appoint one for them without any charges. The Miranda v. Arizona ruling prohibits further interrogation of suspects or witnesses after they have invoked their right to counsel. To invoke a right is to demand or request to exercise your rights. For example, if a suspect tells an interrogator, "I invoke my Miranda right to remain silent," any statement made after that cannot be admissible as evidence against the suspect.
Part C
The law requires suspects to be interrogated only after they have been informed and waived their Miranda rights. In this case, any information or statements from the suspect are considered as voluntary, hence admissible in court rulings. A defendant's statement cannot be voluntary if law enforcement switched interrogators or continue questioning the suspect after invoking their Miranda rights. Interrogating suspects after they have invoked their right to remain silent violates their Miranda rights, and all subsequent statements are considered involuntary may not be used to incriminate them in court.
Question 2
* Case
To find the relevant Supreme Court case, I searched "limitations of the 5th Amendment invocation of the right to counsel," which led me to an article discussing the Davis v. the United States (1994).
* Bluebook citations
Davis v. the United States (92-1949), 512 U.S. 452 (1994).
* Facts and holding rules
Keith Shackleton lost a pool game and a $30 wager to Robert Davis at the Charleston Naval Base. Shackleton refused to pay and was later found behind the pool club...
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