essay section 1 introduction section 2 The Role of the prosecutor also tell him

Question

essay
section 1 introduction
section 2 The Role of the prosecutor

also tell him the car matches the car that was used in a robbery not more than four hours ago. Lawbreaker, after being read his Miranda rights and interviewed for a period of time, tells police he and Martin committed the robbery. A DNA sample is taken from Lawbreaker Martin is interviewed by police after being arrested a couple weeks after the robbery. Martin tells police he knows nothing and requests a lawyer. Police swab his inner cheek to obtain a DNA sample. Police show Sally Deal an arrangement of six photos with Martin's picture in position #3. Deal points to the picture of Martin and says she is 90% sure that he is the robber. After reviewing the felony packet, Joe Justice notices that the fingerprint, DNA, and car tire imprint analysis has not been completed. In addition, Joe receives a phone call from Jim Lawbreaker's attorney stating that his client wants to make a deal to testify against Martin. Lawbreaker would plead guilty to one count of robbery with a minimum prison sentence and agree to testify against Martin. B. Questions: If Joe Justice wants to get the deal done with Jim Lawbreaker, what 1. 2. Does Joe Justice have enough evidence to take a case against Slick Martin 3. When S ck Martin makes a request for an attorney, what constitutional 4. What case law enables Slick to obtain a lawyer during questioning? options does he have in terms of bringing charges against him? to grand jury? right is he invoking? what would you do as the prosecutor? 5. In order to bring charges against both Slick Martin and Jim Lawbreaker,

Explanation / Answer

1. If Joe Justice wants to get the deal, done with Joe Lawbreaker, what options does he have in terms of bringing charges against him?

The evidence found does implicate Joe Lawbreaker’s being on the scene, the eyewitness account only point out the robber or, Slick Martin and could support Joe Lawbreaker’s right to bargain for a lesser sentence.

2. Does Joe Justice have enough evidence to take a case against Slick Martin to a grand jury?

Yes. All of the gathered evidence from the crime scene as well as the eyewitness accounts support Joe Justice’s bringing this case to trial.
3. When Slick Martin makes a request for an attorney, what constitutional right is he invoking?

His Miranda rights. This gives him the right to remain silent. Not incriminate him with what he might say. The 5th amendment gives us the right to refusing to answer questions that might incriminate us even if we are guilty as sin

.
4. What case law enables Slick to obtain a lawyer during questioning?

Case Law: “Miranda vs. Arizona 1966) as is stated in the reading of the “Miranda Rights” he is by law not entitled to give any statement without a council being present. It would be deemed a violation of his constitutional rights and could be used to give cause to either a mistrial or an automatic acquittal.

5. have to give own view.

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