Confession Scenario Memorandum
A Confession Scenario Memorandum research paper should include an explication of a memorandum analyzing a confession scenario Review of the following case. Analyze and discuss the issues in the scenario. What are the problems (such as whether the suspect invoked Miranda, whether questioning was resumed, or whether the suspect requested a lawyer) and which confession (if any) would be admissible in court? Please use the legal memoranda format for your argument. Cite a minimum of 3 cases that support your arguments.
A legal memorandum is comprised of standard elements:
a summary of the relevant facts
succinct identification of the legal issues a discussion of the law relevant to the legal issues, and application of that law to the facts (Cite 3 cases) a conclusion that is responsive to the legal issues.
A shooting took place on January 12, 1997. At the time, the defendant Smith was drinking in a bar. The decedent, a former professional boxer took some of Smith's money from the bar and Smith tried to get it back. A fight ensued with the decedent knocking the defendant down and kicking him in the head a number of times. The shock from these blows caused Smith to vomit. He left the bar, walked to his apartment, took his gun, and found the decedent in a nearby candy store with some friends. Smith fired five shots, two of which entered the decedent's body and caused his death. The boy who was supervising the store witnessed the killing. The decedent's friends did not see who fired the gun. Smith disappeared and a bench warrant was issued for his arrest.
Some weeks later Smith called a friend, Jones, who was a cadet attending police academy. According to Jones's testimony, the defendant told him that he was beaten, didn’t know what he was doing and shot the decedent. He told Jones that he intended to get a lawyer and give himself up. Jones reported this to his superior officers.
Days later, Smith, accompanied by counsel, surrendered himself to authorities. His attorney cautioned him to remain silent, and left Smith in the custody of the officers who then took him to the office of the District Attorney where questioning began. In accordance with his attorney's instructions, the record revealed that Smith refused to answer.
After five hours of questioning it was obvious to the District Attorney that Smith was going to remain silent, so he transferred him to the police station where he was questioned by a detective. Again, Smith requested that his attorney be present.The District Attorney decided to call Smith's friend, Cadet Jones, to see if Jones could elicit a confession. Jones told Smith that his phone call to him had gotten Jones into a lot of trouble and that he could lose his job and that his wife and children would suffer. Jones pursued this line of approach four different times. The defendant, swayed by his friend, agreed to make a statement.
After the confession, three detectives drove the defendant over several bridges in an attempt to find the one from which Smith said he had thrown the murder weapon on their way to police headquarters. During that trip the officers also elicited a statement from Smith that the deceased was "always on (his) back, always pushing" him and that he "was not sorry" he had shot him.