Confessions and Admissions after a Request for a Lawyer


A suspect is apprehended in a department 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 Martinez arrives at the department store approximately 15 minutes later. Officer Martinez takes a statement from the security guard and views the in-store camera film of the shoplifting incident. Officer Martinez 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. Six 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 1- to 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. Support your opinion with specific case law or contemporary cases.

Sample Answer

 

Loma Linda University: Admission

model inmate at Anamosa and is granted parole in June of 1970, a mere 18 months after his sentencing. He was forced to relocate to Chicago and live with his mother and observe a 10:00PM curfew. Less than a year later, Gacy is charged again with sexually assaulting a teenage boy but the youth did not appear in court, so the charges were dropped.

Gacy was known by many in his community to be an avid volunteer and being active in community politics. His role as “Pogo the Clown” the clown began in 1975 when Gacy joined a local “Jolly Joker” clown club that regularly performed at fundraising events.

On January 3, 1972, Gacy commits his first murder of Timothy McCoy, a 16-year old boy traveling from Michigan to Omaha. Claiming that McCoy entered his room wielding a kitchen knife, Gacy gets into a physical altercation with McCoy before stabbing him repeatedly in the chest. After realizing that McCoy had absentmindedly walked into the room with the knife while trying to prepare breakfast, Gacy buries the body in his crawl space. Gacy admitted in the interviews following his arrest that killing McCoy gave him a “mind-numbing orgasm”, stating that this murder was when he “realized death was the ultimate thrill” (Cahill and Ewing 349). Almost 2 years later, Gacy commits his second murder of an unidentified teenager. Gacy strangled the boy before stuffing the body in his closet before burying him (Cahill 349).

In 1975, Gacy’s business was growing quickly and his appetite for young men grew with it. Gacy often lured young men under his employment to his house, convincing them to put themselves in hand cuffs, and raping and torturing them before strangling them (Cahill 169-170). Most of Gacy’s murders took place between 1976 and 1978, the first of this time taking place in April 1976. Many of the youths that were murdered during this time were buried in a crawl space under Gacy’s house. For the remainder of the murders, Gacy admitted to throwing five bodies off the I-55 bridge into the Des Plaine

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