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Confessions and Admissions after a Request for a Lawyer (Example)

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Student Name Course Name Date Confessions and Admissions after a Request for a Lawyer Introduction/ Issue The issue at hand is that of a suspect booking case. The suspect has been apprehended by security guard and when the first officer arrives to take a statement of the security guard he also arrests the suspect and asks the suspect if he would like to make a statement after reading him his Miranda rights. The suspect asks for his lawyer. Suspect after being transported to the jail and being booked is asked by and once he has requested for an attorney he should not be interrogated again without his attorney and since the detective did not follow Edwards rule it would so follow that whatever admission of guilt the suspect showed would also not be admissible. References Edwards H. T. (1995). To err is human but not always harmless: When should legal error be tolerated. NYUL Rev.  70 1167. Marks J. R. (2009). State competence standards for self-representation in a criminal trial: Opportunity and danger for state courts after Indiana v. Edwards. USFL Rev.  44 825. [...]

Order Description:

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. The specific course learning outcomes associated with this assignment are: Research and analyze procedures governing the process of arrest through trial. Critically debate the Constitutional safeguards of key Amendments with specific attention to the 4th, 5th, 6th, and 14th Amendments Explain key law enforcement regulatory procedures and rules and requirements of law enforcement in the evidence collection phase. Explain and debate fundamental Supreme Court cases associated with criminal procedure. Use technology and information resources to research issues in the criminal procedure. Write clearly and concisely about the criminal procedure using proper writing mechanics.

Subject Area: Criminology

Document Type: Dissertation

This project has already been completed by one of the Studybay experts. The client rated this project:

Project's rating is 5/5

Price $15

Words 550

Pages 2

Completed in 8 days

Expert Sup1515

Client Review

Great product!

Positive
12.12.2016

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