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Miranda - Excercise CJA 304 (LT)
Miranda - Excercise CJA 304 (LT)
#4. A man walks into a precinct and walks up to the desk. He announces to the
officers, I just murdered my wife. A detective is called over and s/he asks the
defendant, Would you mind coming upstairs and talk about this for a little while?
The man says, Not at all! and follows the detective up the stairs. Once they sit
at a desk, the detective does not handcuff the man nor block his exit.
Does the detective have to give him his Miranda warnings?
Can s/he continue to question him?
Is the initial statement admissible?
How about subsequent statements under these circumstances?
(Based on how others have responded to this, let me say that you can assume
his wife is really dead, the police find her body without his help, and he is not
crazy!)
#5. A defendant is in the back of a police car, under arrest, for murder. The
officers have not yet read him his Miranda warnings. He asks the police in the
front seat, Who do you say I killed? The officer says, Pamela. The defendant
says, Yeah, well she had it coming!
Is this statement admissible?
Can the police then continue questioning him?
Do Miranda warnings then have to be administered?