Law Case Studies
1.) Justice White believes that a person should have the assistance of counsel only when many confessions are obtained, Justice Goldberg argued that as soon as a person is considered a suspect they should be given the right to a lawyer. He continues to support his argument by stating that the right to counsel is not only for trial preparation but instead to all interrogations by police and everything leading to the trial.2.) Justice Goldberg feels that it isn’t enough for a person to have counsel only in trial because confessions are obtained at other times and it is important to inform all people of their rights before they incriminate themselves. 3.) I feel that in this case the court should exclude the confession because the person was not aware that he had the right to stay silent and he had the right to get advice from a lawyer who knew the system well. If he was unaware of his rights, his confession should be overturned. The police should be obligated to inform the defendant that he or she has certain rights to help him or her prepare for the defense because if the defendant is unaware of the rights they possess, there is no point in having the rights.
2.) I think that this recommendation is a good idea because it is my strong opinion that a child be given every form of defense available, even if it is not wanted by the child or the parents/guardians. The idea is to help the child as best as possible and to be fair, this idea of counsel seems like an incredibly fair one. k that if a suspect asks for a lawyer all questioning must stop and everything possible should be done to locate a lawyer for the suspect. I feel that the police should locate a lawyer for the suspect as soon as possible and provide the lawyer enough time to confer with the suspect. 5.) I feel that if a juvenile was released with no punishment for their actions they would learn nothing. They would feel as though if they got away with it once, they could again. They would continue to commit crimes and eventually most likely end up in prison. The purpose of punishment is to deter wrong actions and to punish the actions if they are committed. If no punishment is administered, the juvenile would learn nothing. 1.) I agree with the judge’s ruling that a juvenile needs assistance at a hearing where he or she could be committed because with a juvenile it is much easier for police to intimidate one into giving an entire confession without knowing the rights given to them by the Constitution. I also agree that if the lawyer cannot be paid for, one should be provided. I feel that a juvenile case is as important as a murder trial, the child could be imprisoned in a detention center and without proper defense and information, the child could be found guilty and lose their childhood. It is a large issue to place children in
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Approximate Word count = 1117
Approximate Pages = 4 (250 words per page double spaced)
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