Question
At the party he saw some of, Ben's classmates from school steal vodka and ginger beer from the bar and then sneak out back to
At the party he saw some of, Ben's classmates from school steal vodka and ginger beer from the bar and then sneak out back to make moscow mules in what they called the "VIP club". Benito felt this was wrong and did not drink anything, but decided to hang out with them anyway. Unfortunately for Benito, the manager of building where the party was reported the stolen vodka to the police and officers showed up shortly afterwards. Upon seeing the officers, his classmates ran away but Benito, knowing he did nothing wrong, stayed behind. As there was nobody else left, the officers then placed him under arrest.
At the station, four very large police officers stood around him in a small interrogation room. He asked to call his mother, his aunt, and his brother but the police wouldn't let him. After 6 hours of interrogation he refused to admit that he had stolen the beverages. It wasn't until one officer threatened to frame him for a few unsolved murders if he didn't cooperate that he finally said that he committed the theft.
At his first court appearance, the court refused to give him an attorney and, despite the confession, he decided to plead not guilty. He knew he wasn't guilty and felt he could prove it. Before trial, he remembered that there were surveillance cameras in the event hall and that one of his classmates had dropped his school ID on the ground when running away. However, he didn't know how to request this evidence and was unable to present an argument that outweighed the prosecution's use of Benito's confession. He was subsequently convicted and sentenced to three years in juvenile detention.
You are an attorney who volunteers as an English teacher at the local juvenile detention facility. You have just met Ben and learn all of the above. You want to appeal the conviction and request a new trial. What issues with the first trial would you bring up on appeal? What is the legal basis for you raising these issues?
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